LEXINGTON, Ky. (LEX NEWS) — Three paraeducators have filed a lawsuit against Fayette County Schools in connection to a 2025 incident where a 7-year-old with autism escaped the grounds of Meadowthorpe Elementary and was later found next to a busy Lexington roadway.
According to documents filed Monday, Kim Delk, Carter Delk, and Zack Howard claim they warned the school hours prior "about the exact staffing failure that" allowed the child to escape through a classroom window on November 17.
The suit goes on to argue that prior to the student's arrival, a plaintiff warned school staff that it was "illegal to operate the classroom without a certified teacher present," and despite that, no substitute was provided.
The incident also prompted a separate lawsuit by the child's mother, Leslie Weston, who alleged the district failed to protect her son after he exited the school through a classroom window and made his way to New Circle Road. Attorney Masten Childers, who represented the Weston family, says that litigation with the school district has since been resolved. He added that the family is thankful for the support they received and requests privacy at this time.
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Mom sues FCPS after son with autism escapes classroom, ends up on New Circle Rd.
The complaint filed by the paraeducators argues that the room's window opened wide enough for a child to climb through, 'a danger staff had raised to “higher ups” at the beginning of the year, only to be told that securing the windows would be a 'fire safety hazard," and that the school's alert system "existed mostly on paper."
A nearby fence was also breached, and the student used that opening to exit the school's property.
Following the student's escape, the windows in the room were screwed shut, the fence was repaired, and "then the district turned on the three employees who raised the alarms," the lawsuit claims.
All three employees' badges were deactivated in the days following the incident and a Fayette County Public Schools Police lieutenant emailed the school's principals, informing them that the staff members had resigned.
The suit claims they did not resign, and that the "false “resigned” story traveled from the district into the Cabinet for Health and Family Services' investigative file and, through a Cabinet worker," to the student's family.
The employees go on to claim they suffered damage to their reputations and future employment because of the district's response.
They are now seeking punitive damages, relief afforded by KRS 61.103 which includes reinstatement or front pay, and a declaration from the district that their separation was "procedurally invalid."
