LIHU‘E — Amanda Barretto has filed suit against a Kaua‘i elementary school and the state Department of Education in 5th Circuit Court on behalf of her 7-year-old child. The suit, filed Dec. 7, alleges that Kapa‘a Elementary School has not
LIHU‘E — Amanda Barretto has filed suit against a Kaua‘i elementary school and the state Department of Education in 5th Circuit Court on behalf of her 7-year-old child.
The suit, filed Dec. 7, alleges that Kapa‘a Elementary School has not taken appropriate steps to prevent supervisory contact between her daughter and a teacher. The 5th Circuit court gave the no-contact order following a third-degree assault conviction against a pre-kindergarten teacher last May.
The teacher reportedly dragged the then 5-year-old girl across a carpet in 2009, causing severe rug burns to her chest and stomach. The assault occurred in front of approximately 15 other pre-kindergarten classmates.
The girl is now a second grader at the same school, where the teacher is still employed. The complaint alleges that at some point during the past school year, the teacher in question was in a supervisory position over the girl on at least three occasions.
The suit also seeks damages for suffering severe physical injury, mental anguish and emotional trauma in the 2009 incident.
DOE is implicated in the suit as the agency responsible for the control and conduct of the teacher in the capacity to supervise students.
DOE was contacted but has not commented on the matter in litigation.