CHRISTIAN COUNTY, Ky. (LEX18) — A mother is fighting to keep her lawsuit alive against the Christian County Board of Education and the Kentucky Department of Education after alleging her autistic son was abused at school.
Gabriela Huerta Merino, a single mother of two boys, said her son has autism and a speech delay. She added that he initially loved going to school.
"He's a very happy kid and he loves going to school. He even wanted to go to school on weekend," Merino said.
However, Merino said his experience at Christian County Public Schools quickly turned into a nightmare starting in May 2019. She alleges that her son started coming home with bruises and scratches on his body.
"He [started] coming home crying and asking and begging me to not send him back to school," Merino said.
According to a complaint filed in December 2021, a teacher testified that no one had touched the student for any reason. The teacher stated that during bus evacuations, the student ran around the bus and some adults tried to grab him, which could have caused the bruises.
Merino said she contacted the school several times and called for meetings with teachers between May 2019 and February 2020 regarding the alleged abuse. After seeing no behavioral changes, she filed a complaint against the school board and the state education department.
"He said, 'No school. No school mommy. No school. No more restraining (him). No more locking (him) in bathroom,'" Merino said.
Merino said her son began using the word "restrained" more frequently, leaving her worried he was being forcibly restrained.
The complaint details a voicemail an assistant principal sent to Merino in January 2020. The voicemail stated the student would be suspended for a day and serve time in a safe room after hitting and punching a teacher in the face.
Merino said she took matters into her own hands and sent her son to school with a recording device, which captured kids and teachers screaming.
In April 2021, Merino pulled her son from the school, moved him to virtual learning, and hired attorney Natalie Nelson.
According to a motion to withdraw, Nelson had to leave the case and is now employed with the Cabinet for Health and Family Services. A court order has given Merino until April 17 to find a new lawyer, or the case will be dismissed.
"I want parents to not give up, you know, because even though this has been very exhausting and tired, we are our children’s voice and if we don’t fight for them then who will?" Merino said.
The Kentucky Department of Education provided a statement regarding the lawsuit.
"Since this is pending litigation, we don’t have any comment at this time," the department said.
Christian County Public Schools has not responded to a request for comment.
If you'd like to help Merino while she seeks out a new attorney, you can visit her GoFundMe page or follow along on Facebook.
