KCS faces lawsuit after 2 back-to-back incidents with special needs students

The complaint, filed Monday in Kanawha County Magistrate Court, alleges that staff member Willie Washington, 55, handled the student in an aggressive and violent manner. The lawsuit was brought by the child's parents, Ashley Cleveland and David Woody, along with their attorney, Michael Cary.

Allegations of assault

According to the complaint, surveillance footage from Sept. 2 shows Washington approaching the child, who was in Washington's care in a self-contained classroom — a specialized learning environment where one teacher instructs a consistent group of students across multiple subjects throughout the school day.

According to the family, Washington grabbed the boy by the shoulders, shaking him, and placed his hand around the child’s neck for several seconds. When the child tried to flee, Washington is accused of restraining him again by the neck and forcing him to the floor.

The child, who is a nonverbal autistic student, was left with visible bruises and later displayed negative changes in behavior, the family said.

“You don’t expect somebody to call you and tell you that your child’s been harmed at school by a teacher that’s supposed to be there to protect them,� Cleveland said. “I was terrified of what was actually on that video.�

The family said they were initially reassured by the principal, Michelle Adams, that “it wasn’t that bad,� but after viewing the footage with their attorney, they concluded the incident was far more serious.

“One of your worst fears coming true,� added Woody.

The lawsuit alleges negligence, negligent supervision and violation of the state Human Rights Act. It names Washington and the Kanawha County Board of Education as defendants. 

According to the criminal complaint, upon reviewing the video footage and speaking to a mandated reporter — someone, like a teacher or social worker, who is required by law to report known or alleged abuse — the West Virginia State Police also charged Washington with battery and assault of a disabled child. That is a single felony charge.

A second incident

Separately, another special needs student left the grounds of Mary C. Snow West Side Elementary School on Sept. 3. According to KCS, the 7-year-old girl crossed a roadway and began walking toward the Kanawha River before being spotted by a someone working nearby. Mary Tuttle, the child's mother, said this bystander called the police, who returned the nonverbal autistic student safely to the school.

"My child had been missing from the school for at least 15 minutes before anyone noticed or began to look for her," Tuttle said. "When the cops found her, she was inches away from the water in the river. If it hadn't been for that [person] calling the authorities, we would be planning her funeral."

Cary has not filed a lawsuit in this case, although he said he intends to, asserting the teacher was not watching when the child ran away from school.

Kanawha Schools said additional safety measures are being enforced following the incident.

“We want to assure our families that we take this matter seriously,� KCS Communications Director Chris Williams said. “Additional safety measures and reminders are being reinforced with staff to help prevent a situation like this from happening again.�

Broader concerns

The recent allegations come amid a years-long pattern of other troubling reports involving KCS's treatment of special needs students.

In April, Patricia Lynn Summerfield, 55, of ÂÒÂ×ÄÚÉä, was accused of dragging a 3-year-old nonverbal student across a classroom floor at Holz Elementary School, leaving the child with scratches and red marks. She was arrested and charged with felony child abuse resulting in injury.

Before that, another case settled for $5 million in 2022, when former Horace Mann Middle School employees allegedly beat and berated nonverbal special education students.

"This is a systematic problem that has to stop," Cary said. "It seems that the children that need the most care are getting the least."

The families want KCS to incorporate more stringent hiring practices in the future.

"You really have to interview and do a deep dive into who you're hiring," Cary said. "And we have to make sure that the people that are going to be in the classroom with the special needs kids want to be there and are, more importantly, qualified to be there.�

Currently, all KCS employees undergo a background check before being hired. Williams said instructors also receive ongoing training in the form of coaching, modeling, professional development sessions and new teacher cohorts.

Williams also said school administrators are tasked with regularly conducting walkthroughs of every classroom. In self-contained classrooms, camera footage is routinely monitored, and he says families may view it when they wish. If an incident is reported, school administrators immediately review camera footage and promptly notify parents/guardians, Child Protective Services, the West Virginia State Police and Central Office officials. 

“Families place great trust in us to protect and educate their children,� Williams said. “We are committed to transparency and continuous improvement so that trust is honored every single day.�