Burley Garcia|Lawsuit: Kansas school employee locked teen with Down syndrome in closet, storage cage

An employee of a rural Kansas school district repeatedly shoved a teenager with Down syndrome into a utility closet,Burley Garcia hit the boy and once photographed him locked in a cage used to store athletic equipment, a lawsuit claims.

The suit filed Friday in federal court said the paraprofessional assigned to the 15-year-old sent the photo to staff in the Kaw Valley district, comparing the teen to an animal and “making light of his serious, demeaning and discriminatory conduct.”

The teen’s parents alleged in the suit that the paraprofessional did not have a key to the cage and had to enlist help from other district staff to open the door and release their son, who is identified in the complaint only by his initials. The suit, which includes the photo, said it was not clear how long the teen was locked in the cage.

The lawsuit names the paraprofessional, other special education staff and the district, which enrolls around 1,100 and is based in St. Marys, about 30 miles (48 kilometers) northwest of Topeka.

No attorneys are listed for the district in online court records and phone messages and emails left with district staff were not immediately returned.

The suit said the teen’s placement in the closet and cage stemmed from “no behaviors whatsoever, or for minor behaviors” that stemmed from his disability.

The paraprofessional also is accused in the suit of yelling derogatory words within inches of the teen’s face on a daily basis and pulling and yanking the teen by the shirt collar around the school at least once a week.

At least once, the paraprofessional struck the teen in the neck and face, the suit said. The teen who speaks in short, abbreviated sentences, described the incident using the words “hit,” “closet” and the paraprofessional’s first name.

The suit said the paraprofessional also made the teen stay in soiled clothing for long periods and denied him food during lunchtime.

The suit said some staff expressed concerns to the special education teacher who oversaw the paraprofessional, as well as the district’s special education director. But the suit said neither of them intervened, even though there had been other complaints about the paraprofessional’s treatment of disabled students in the past.

The suit said the defendants described their treatment of the teen as “tough love” and “how you have to handle him.”

The suit said the director instructed subordinates not to report their concerns to the state child welfare agency. However, when the parents raised concerns, a district employee reported them to the agency, citing abuse and neglect concerns, the suit said.

No criminal charges are listed in online court records for the paraprofessional or any of the employees named in the suit. And no disciplinary actions are listed for staff in a state education department database.

The suit said the teen’s behavior deteriorated. The suit said he refuses to leave his home out of fear, quit using his words and increasingly punches himself in the head.