Columbus City Schools teacher kicked 5-year-old student, parents allege in lawsuit

COLUMBUS, Ohio (WCMH) – Parents are suing the Columbus Board of Education and a district teacher after she allegedly physically assaulted their 5-year-old.

The student, who is an elementary student in the Columbus City Schools, was sitting on the floor in his Pre-K class on May 3 when a teacher tripped over him, according to the legal complaint. The teacher then allegedly asked another instructor to kick the student when he did not move quickly enough. 

When the other teacher refused, the complaint alleges the teacher involved in the lawsuit “intentionally struck (the child) and knocked him over.” According to the complaint, after he was knocked over, the teacher kicked the child when he was on the ground before picking him up “like a football” and carrying him away. 

According to the complaint, the 5-year-old is diagnosed with autism, which the school is aware of. The child is on a plan with the district that mandates school responsibility for accommodations for the student.

The complaint also alleges the teacher had previously been caught drinking on the job, threatened to harm students and that the district did nothing. NBC4 asked about the teacher's current employment status, but the district did not acknowledge the question. She remains listed on the district's website as a Pre-K teacher.

"The District has not been served with a copy of the complaint," said Jacqueline Bryant, interim executive director of communications for the district. "Upon official service of the Complaint, the District will file a response as appropriate."

The complaint has five claims against the teacher and district. The school board is being sued for failing to properly train and supervise employees. In addition to assault and battery claims, the teacher is facing due process claims for the incident. She is also named in a civil liability claim for knowingly causing harm. Both parties are facing an intentional infliction of emotional distress claim. 

The parents are seeking damages, both financial and punitive, and a trial by jury.