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U.S. Fifth Circuit Court of Appeals
Special-Ed Student Mistreatment Suit Dismissed
Upheld: A federal judge’s ruling that an ISD is not liable for the alleged years-long physical mistreatment of a special-ed student by his longtime teacher. PlainsCapital Bank vs. Keller ISD, No. 16-11802. Issued Aug. 17 (revised Aug. 20).
A three-judge Fifth Court panel concluded that KISD did not have actual knowledge that a special-ed teacher may have been physically abusing a severely disabled student in his classroom over a number of years. Among other things, the justices cited evidence provided to a jury that an aide to the teacher reported to the principal concerns that the principal considered to be roughness on the part of the teacher during physical therapy sessions with the student, not abuse.
There was also testimony that the principal made a note in the teacher’s file and monitored his classroom — which had a glass wall to allow others to easily observe what was going on — more closely.
The justices also noted that the principal did not believe the reported conduct by the teacher rose to the level of being required to be reported to Child Protective Services (CPS), and there was testimony that CPS found no evidence of wrongdoing on the part of the teacher.
PlainsCapital Bank is the plaintiff in this lawsuit due to a trust/guardianship arrangement entered into by the parents of the student when he was six years old so that he would be looked after for the rest of his life.
The trust is funded by settlement money from a vaccine manufacturer that resulted from the student — who is now an adult — being given a tainted vaccine when he was an infant.
This is at least the second time this dispute has reached the Fifth Circuit for a decision (see this April 2016 TEN article).