Lawsuit alleges Columbus Schools pre-K teacher kicked autistic five-year-old
The parents of a five-year old with autism sued Columbus City Schools in federal court Wednesday, alleging a district teacher kicked him and knocked him over.
Amanda and Kenneth Ross, of Cleveland, are suing Columbus City Schools and Jodi Fullerton, a district teacher, in the U.S. District Court for the Southern District of Ohio, alleging that Fullerton kicked their unnamed autistic child while he was enrolled in the district's pre-Kindergarten program.
The lawsuit, filed by Cleveland attorney Jared Klebanow, alleges assault and battery, intentional emotional distress and Fourteenth Amendment violations, and seeks punitive damages, compensation and legal fees from the district and Fullerton.
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The lawsuit also alleges that Fullerton had previously expressed a desire to kick students, and had been caught drinking alcohol on the job. Klebanow said the primary concern for the families beyond the assault was that a teacher with apparent prior misconduct remained instructing children.
"Anybody, from our perspective, who has been caught drinking well on the job at this elementary school, or drunk at the elementary school, and has had a prior instance of saying she wanted to kick or harm students — those aren't minimal issues," Klebanow said.
A Columbus City Schools spokesperson said in a statement that the district was reviewing the lawsuit and "takes all allegations seriously and ensures each case is thoroughly investigated."
"We want to reassure you that the safety and well-being of our students is our top priority, and we are committed to maintaining a fair and consistent discipline process," a district statement read.
The unnamed male student, who was five years old at the time and enrolled in the pre-K program at Parkmoor Elementary School during the 2023-2024 school year, was diagnosed with autism. According to a CCS staff directory, Fullerton works as a pre-K teacher at Parkmoor.
On May 3, 2024, the student was with other students at Parkmoor Elementary waiting to enter the cafeteria, according to the lawsuit. Fullerton then tripped over the student, and told another teacher present that he should move.
When he didn't move fast enough, the lawsuit alleges, Fullerton "instructed the other teacher to kick" the student. When the other teacher refused, Fullerton allegedly knocked the student over intentionally and kicked him while he was on the ground.
"Fullerton then proceeded to pick (him) up like a football and carry him away," the lawsuit alleges.
A public records request of Fullerton's disciplinary record shows another teacher as an eyewitness reported the incident to the district, and that Fullerton told her she should "go ahead and kick him." According to the report, Fullerton proceeded to "purposely plow in to him (sic)."
A public records request shows that Fullerton received a written reprimand for the incident. A spokesperson said Fullerton is still employed with the district.
The lawsuit further alleges that prior to the incident, Fullerton had told another colleague that she wanted to "kick them back" in reference to another teacher's complaints about student behavior. The district was allegedly aware of Fullerton's remarks, and took no action.
According to disciplinary records, Fullerton had apologized for those remarks and said she would never hurt a student.
The lawsuit also alleges that Fullerton had previously been caught drinking on the job at Parkmoor Elementary, and that no disciplinary action had been taken against her.
Fullerton's disciplinary record for the incident makes two references to her previously being caught drinking on the job, with Parkmoor Principal Charmaine Campbell saying in an email to another district employee that Fullerton was "the same teacher who was caught drinking." Another document says the only problem Campbell had with Fullerton was when she was caught drinking on the job in February.
The disciplinary records state that while Fullerton had knocked the student over, it was actually the student who had kicked her in the shin. Klebanow told The Dispatch that the narrative included in the disciplinary records differs from what parents are alleging, and that video of the incident has been withheld from them except when they viewed it on one occasion.
The lawsuit said harm was caused to the student as a direct result of the "deliberate indifference" of CCS toward Fullerton's conduct.
"As a result of the acts and conduct of defendants, (the student) has suffered from the assault and battery which has resulted in significant emotional distress, physical injuries as well as pain and suffering," the lawsuit alleges.
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Klebanow said parents should always be vigilant and look into the things their children tell them about what happens to them at school.
"You may say, 'Oh no, there's no way that happened,'" Klebanow said. "It's important to listen to our kids, and if they tell you something's wrong or not right, make sure that you're an advocate for them."
Cbehrens@dispatch.com
@Colebehr_report
This article originally appeared on The Columbus Dispatch: Ohio teacher allegedly kicked autistic student, according to lawsuit
