Kaw Valley USD 321 is getting sued by a family in its school district.
In a lawsuit filed Friday, a USD 321 staff member was accused of locking a child with Down syndrome in an equipment cage. That same staff member is accused of repeatedly shoving the child, hitting him and other actions.
About the family suing Kaw Valley USD 321
Silver Lake residents Heather Bahner and Jeff Bahner are the parents of a 15-year-old child with Down syndrome. For privacy purposes, the child is referred to as C.B in the lawsuit.
C.B.’s mental and physical disabilities are outlined in the lawsuit. It states C.B. is partially nonverbal, has physical and mental disabilities that prevent him from participating in various activities, and has minor maladaptive behaviors, which can sometimes make it difficult for him to follow directions.
C.B. is a student at St. Mary’s Jr./Sr. High School and has been for the past two school years. Albert Bahret was assigned to be C.B.’s paraprofessional. Taylor Hurla is a special education teacher at C.B.’s school, and Sarah Sanders is the director of special services for C.B.’s school district.
All three educators are named in the lawsuit, as is USD 321.
Breaking down the lawsuit against Kaw Valley USD 321
Filed on Friday, the lawsuit outlines how the Bahners believe their son’s “Freedom From Unsafe Restraints and Seclusions” was violated, along with how he was unlawfully treated and how the school district allegedly covered it up.
Under the “Freedom From Unsafe Restraints and Seclusions” section of the lawsuit, names the state act that protects Kansas students from unlawful and unnecessary restraint and seclusion by school personnel. The suit states the act was violated when the paraprofessional allegedly locked C.B. in the sports equipment cage and in a dark closet on multiple occasions.
Throughout the lawsuit, it depicts the alleged behavior of unlawfully restraining C.B. in multiple ways, dragging him by his collar, leaving him in soiled clothing for prolonged periods of time and denying him access to food.
What are the different counts charged with in Kaw Valley lawsuit?
There are five counts submitted in the filed lawsuit. The first is C.B. vs. USD 321 for disability discrimination.
“While C.B. was in the Seclusion Closet, the cage, being dragged elsewhere around school grounds, being denied his iPad or food, or in soiled clothing, C.B.’s peers were in the classroom enjoying the benefits of participating in the District’s public school education programs,” the lawsuit states.
The second count is C.B. vs. all named defendants and all three named staff members. This count claims C.B.’s 14th Amendment rights were violated.
“The District had an informal policy or custom and a well-settled, widespread, persistent pattern and practice of authorizing and ratifying District staff’s unconstitutional Treatment of C.B. pursuant to the ‘how you have to handle him’ and ‘tough love’ policies,” the lawsuit stated.
The third count is also C.B. vs. all named defendants over his Fourth Amendment rights.
All children including C.B. have a constitutional right to an education free from unreasonable seizures, the lawsuit said, including a right to not endure pulling, yanking and tightening of his shirt collar and obstructing his airway; roughly pulling and placing him in the dark “Seclusion Closet”; placing him in a locked cage; and other abusive treatment.
Count four is C.B. vs. USD 321 and also covers violations of C.B.’s 14th Amendment rights. The lawsuit argues that C.B. was not treated equally in comparison to other similarly disabled children in the special education program.
“The difference in treatment of C.B. was without rational basis, was irrational and abusive, and was wholly unrelated to any legitimate state activity,” the lawsuit stated.
The last count is the Bahners vs. USD 321 and outlines how retaliation was used against C.B. and their family. After advocating for C.B., his travel schedule was changed and his father had limited access to school grounds. The district employee submitted misleading information to the Kansas Department of Children and Families, withheld clean clothing from C.B. and spread rumors about C.B. and his father, according to the lawsuit.
Comments from USD 321 and the Brahner family
USD 321 hasn’t filed its response in court and didn’t provide The Capital-Journal an immediate comment. The Brahner family and their attorney didn’t immediately return requests for comment..
This article originally appeared on Topeka Capital-Journal: Family sues Kaw Valley for allegedly caging teen with Down syndrome
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