The Dr. Robert F. Nicely Elementary School where a mother alleges her son was abused by staff (WTAE).
A Pennsylvania mother alleges in a lawsuit her 8-year-old son was “repeatedly and horrifically assaulted and subjected to abuse” by staff in his special education classroom who she says sprayed lemon juice and put soap in the mouth of one child and restrained students in soundproofing mats.
The mother alleges her son, who has been diagnosed with autism spectrum disorder and attention deficit hyperactivity disorder (ADHD), was subjected to severe physical, psychological, and emotional abuse from September 2023 through November 2023 while a student at the Dr. Robert F. Nicely Elementary School in the Greensburg Salem School District. The lawsuit, which seeks $150,000, said the child has now been diagnosed with trauma and stressor-related disorder.
The teachers and aides allegedly involved are facing criminal charges.
“This case is so deeply troubling,” the family’s lawyer, Thomas L. Plaitano, said in an email to Law&Crime. “The safety, well-being and dignity of every child, especially those with special needs, must be an unwavering priority in our school system. It is profoundly disturbing that a place intended to nurture and educate our children betrayed this trust in such a devastating way. Our client is a bright and resilient young child who was subjected to this unconscionable behavior. No parent should ever have to fear that their child will be mistreated by the very people that are entrusted with their education and development.”
“We are committed to seek justice not only for our clients but for any child that has been mistreated during this course of behavior,” he added. “We call on the District to immediately implement comprehensive reforms to ensure the safety of all students, particularly those with special needs, who are often among the most vulnerable members of the school community. We would demand complete transparency, accountability and systemic change to the school district in order to not only prevent other future tragedies but to restore the public’s faith in our system of education.”
The Greensburg Salem School District superintendent declined to comment, saying officials are reviewing the complaint with their lawyers.
The lawsuit said several staff members face criminal charges, including endangering the welfare of children, simple assault, failure to report or refer, and false imprisonment of a minor.
The physical abuse alleged included restraining the mother’s son with a sound mat or room divider, tightly, with his arms at his side, as well as other forms of physical restraints and contact, which are forbidden by both federal and Pennsylvania law, according to court documents. The lawsuit alleges the boy was also verbally abused, belittled, and intimidated by staff in the classroom, and other children in the room were restrained, struck, verbally abused, and intimidated.
The court papers said students were also sprayed with noxious substances into their mouths. The 8-year-old boy was forced to observe these alleged acts, which created a classroom “akin to a prison setting,” the documents said.
A mother of a young student who has autism and is nonverbal spoke out after the news broke about the effects the alleged acts had on her son.
“It started to where I couldn’t even get him on the bus,” she told local CBS affiliate KDKA. “By the time I got him out the door, he would vomit on himself being so upset. He’s fearful of everybody.”
Added the boy’s father: “I look at this and I can only picture a monster. Who would hurt a special needs child?”
District Superintendent Kenneth Bissell said then that two teachers were removed from the classroom after officials learned of the alleged actions on Oct. 27, 2023, and the parents were notified as police launched an investigation.
“We are saddened that the actions and inactions within a classroom of children with the most significant support needs violated the safety needs of children and broke the trust for a loving, caring, and respectful environment,” Bissell said.
The lawsuit said that despite repeated warnings by parents to the school district that their children were experiencing significant behavioral changes, the district took no action to quell the alleged abuse or even investigate it.
After the boy’s mother met with the school principal to discuss concerns she had heard about from staff outside the school district, the principal demanded the mother no longer have direct contact with outside staff, the lawsuit alleged. The complaint said the principal told the mother, “all communication about the classroom and its management must go through the school — the same school which was ignoring the information received about the grossly inappropriate actions in the classroom.”
The lawsuit alleged the abuse continued until it was reported to child protective and law enforcement authorities, the staff was removed from the classroom, and multiple staff members were criminally charged.
