RACELAND, Ky. (LEX18) — Four parents have filed a civil action lawsuit against a Greenup County middle school, alleging that their non-verbal children with disabilities were physically and verbally abused in the school's special education program during the 2023-2024 school year.
The allegations came to light after one mother, Kristen Gleason, placed a recording device in her, at the time, 9-year-old son's backpack to capture what was happening in his classroom.
The lawsuit involves children diagnosed with Autism, 15th Chromosome Disorder, or Down Syndrome who were all non-verbal at the time of the alleged incidents.
"This really stuck out to us because this is one of the most egregious cases of abuse that we have encountered," said Masten Childers, managing partner at Whiteford, Taylor and Preston Law, the law firm representing the families.
Due to the children being minors, they will be referred to by their initials.
Gleason's son, or O.G., has been diagnosed with autism, communication receptive disorder, and echolalia — conditions that make him non-verbal except for repetition.
"He is a very sweet, kind, and loving child. He does have autism. He doesn't let that define him, though. He is such a good kid," Gleason said.
She further emphasizes that he used to love learning and going to school.
The lawsuit, filed in late July, details alleged abuse from August to October 2023. Gleason first noticed significant behavioral changes in her son in August 2023.
"Well, he was acting out a lot, which is not like him, especially when it was about school," Gleason said. "He's always loved school. I made it a point raising him since learning his diagnosis to integrate him into school, so he would love it and enjoy it."
By September 2023, according to the complaint, her son was begging not to go to school. Gleason recalls O.G. telling her, "Please, no school. Defendant Horn really mad, really mean, and I'm so scared."
"He kept repeating things and doing things and begging not to go, and that was a big deal," Gleason said.
In October 2023, Gleason sent her son to school with an audio recorder in his backpack, which captured sound from October 2 through 13.
"It wasn't just my child. And it was all day long, basically," Gleason said.
"If it were my child, I would absolutely send a device and a recording to find out what was going on with them. Whether that's admissible in a court of law, I don't think that matters. What matters is the fact that these kids were being abused at school, and we have the tape," Childers said.
The complaint alleges the recordings captured audible smacking sounds, chairs banging, withholding of food, and audible crying and begging from the children.
The document describes increasingly severe incidents, including a mark found on Gleason's son's face on October 5, 2023, for which teachers said they didn't know how he got it.
Other alleged incidents detailed in the complaint include a student being left alone in a sensory room and found naked, eating his own waste, and another student being left unattended in a bathroom and berated for playing in the toilet.
Throughout October, Gleason attempted to report the alleged abuse to the school's principal and director of special education. By November, she had pulled her son out of school.
The school conducted its own investigation on November 2, 2023, and on November 9, 2023, all allegations were deemed unsubstantiated, according to the complaint.
However, when parents reported the alleged abuse to the Cabinet for Health and Family Services, the allegations of threats of physical abuse were substantiated in February 2024.
"We're gonna make sure that whoever is held for this abuse is held accountable. That's all that we can do. These kids literally and figuratively do not have a voice, and we're going to provide that voice to them," Childers said.
LEX18 reached out to Raceland-Worthington Independent Schools attorney Tim Crawford, who said:
"We will not comment on the litigation pending the school district's motion to dismiss, which is expected to be addressed by November.
"Don't stay silent. You know, people are mandated reporters. Make sure you're reporting it. Have them look up local special needs advocates and go to meetings. Don't just take the phone call, don't just sign the paper, be involved in their education." Gleason said. "I don't want this to happen again to these children. I want them to take responsibility of their actions."
All the children involved in the lawsuit have left Raceland Middle School. Gleason said her son's new school focuses on trauma therapy and is helping him find a healthy routine to learn.
