GRAFTON, W.Va. – The Taylor County Board of Education has been accused of “unlawfully restraining” a disabled child in a lawsuit filed in Taylor County Circuit Court. Justin and Amanda Sharp filed the suit on behalf of their 9-year-old son alleging an aide and a special education teacher at the Anna Jarvis Elementary School restrained the child with a belt for about 22 minutes while the teacher ate lunch in October of 2021.
The child suffers from numerous conditions, has a limited vocabulary and cannot speak in full sentences that result in an almost constant need for supervision.
The lawsuit also said an Individualized Education Program or IEP was developed by the school system that did not call for the use of any restraint.
The suit also alleges video cameras did not have a full view of the classroom or the ability to record audio, both in violation of state code.
The lawsuit also alleges the school principal did not notify the parents of the child until five days after in the incident despite being informed on the day of the incident. When the parents were informed about the incident they say very few details were offered.
An investigation into the incident by the West Virginia Department of Education’s Office of Federal Programs and Support determined there were 12 violations of state law, policy procedure. State officials released that information February of this year.
Lawyers are asking for a jury trial and allege negligence, reckless infliction of emotional distress against all of the defendants and negligent training and supervision against the board of education and violation of the West Virginia Human Rights Act