Judge says he can parry costume of boy alleging abuse by LAUSD teacher | KFI AM 640

BEVERLY HILLS (CNS) — A judge said Thursday he is set to ward off a lawsuit filed against Los Angeles Unified on behalf of a boy with a speech and language disorder, who alleges that he was verbally and physically abused by his preschool teacher in 2019 and the principal did nothing about it.

The boy, now 7, is identified only as KD in the Beverly Hills Superior Court lawsuit filed on his behalf by his mother against LAUSD as well as 54th Street teacher and principal Roberta Brandt and Haywood Thompson, respectively. . South Los Angeles Elementary School.

Judge Edward B. Moreton Jr. issued an interim ruling on Thursday, saying he favored dismissing the causes of action for assault, assault and one of the civil rights violation allegations, but allowing the case to continue on the intentional infliction of emotional distress and a second allegation of civil rights violation.

The judge heard the arguments and took the case into submission. He did not say when he would rule.

According to the lawsuit filed in September 2020, Brandt “was allowed to emotionally and physically torment KD because he couldn’t speak for himself and because Principal Thompson and LAUSD did nothing to protect him.”

KD was a preschooler at the school and was 4 years old at the start of the 2019-2020 school year, according to the lawsuit, which says he was eligible for special education services because he has a speech disorder. speech and language.

Brandt was inexperienced with children with individualized education plans such as those provided to KD, the lawsuit states. In the five years including and leading up to the 2019-20 school year, Brandt had only three students with IEPs and admitted she had no training in working with children with significant behavioral issues, according to the lawsuit.

Brandt said the boy’s behavior was a “significant challenge” to her and she was “overwhelmed” by his behavior, according to the lawsuit. She called the child’s mother three times, telling her to find KD at another school because he was having behavioral difficulties that Brandt couldn’t handle, according to the plaintiff’s court documents.

Brandt repeatedly complained about KD’s behavior to Thompson and grew increasingly frustrated that the young girl was unresponsive to his behavioral techniques, which involved emotional abuse and dehumanizing him, according to the suit.

Although Brandt made all of her other students sleep indoors during their naps, she forced KD to sleep outside unsupervised on the floor in the dirt, according to the suit. Thompson was so concerned for KD’s well-being that he picked up the boy and carried him to his office to finish napping, according to the suit.

In September 2019, Brandt took KD behind the classroom, leaned down to the boy’s level, put her hands on his shoulders and shook him so hard that his head rocked back and forth, according to the pursuit. A school crossing guard saw the teacher “shake” KD violently and told the child’s grandfather, according to the complaint.

The grandfather pulled KD out of school for the day, informed the principal, spoke to the police and took his grandson to the hospital, according to the lawsuit.

The lawsuit alleges that the boy “was seriously injured and traumatized by Mrs. Brandt’s repeated shaking”, and his mother then enrolled her son in another school out of concern for his safety.

Brandt’s alleged abuse of KD was motivated by the fact that he was black and had a disability, the plaintiff claims. The teacher wasn’t as violent with students who weren’t black or disabled, depending on the costume.

Thompson never told Brandt about his alleged order to have the boy sleep outside on a dirty carpet, the lawsuit says. Prior to the 2019 tremor incident, the principal did not notify the boy’s parents or grandparents of the teacher’s alleged abuse of the child, according to the lawsuit.

In their court papers, attorneys for LAUSD and Thompson said an administrative law judge concluded after a hearing that Brandt did not intend to harm the boy when she allegedly shook him.

KD had behavioral issues including yelling, running around the classroom and pushing and hitting other students, defense attorneys said in their court documents.

“On one occasion, (KD) was so disruptive during nap time that Brandt allowed him to nap outside his front door,” court documents from defense attorneys state.

But in their court papers, KD’s attorneys said the administrative judge had indeed found that Brandt abused the boy by shaking him.

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