An 18-year-old student from Florida’s high school system has recently filed a lawsuit against the district. The student, who has autism, alleges that the district failed to address his unique educational and behavioral requirements.
This legal action comes after an incident where the student assaulted a paraprofessional who threatened to confiscate his Nintendo Switch. The student now faces the possibility of a lengthy prison sentence.
Brendan Depa has filed a request for a due process hearing under the Individuals with Disabilities Education Act. In the filing, Depa seeks to establish that the actions and omissions of Flagler County Public Schools contributed to a violent incident at Matanzas High School. This incident, which occurred on Feb. 21, 2023, was captured on video and ultimately led to Depa’s arrest and prosecution as an adult.
Depa, who was 17 at the time, faced serious charges of aggravated assault. Eventually, they pleaded no contest to the first-degree felony charge of aggravated battery on a school employee, which carries a maximum punishment of up to 30 years according to Florida law. According to Leanne Depa, his mother, incarceration would be equivalent to a “death sentence.”
Upon the initial revelation of the case, the Flagler County Sheriff’s Office stated that Depa assaulted Naydich due to his displeasure over her confiscation of his Nintendo Switch game.
Following the incident, Naydich firmly denied taking the Nintendo Switch from him, dismissing any such accusation as misinformation.
Based on video evidence, authorities have reported that Depa was observed striking Naydich multiple times while she was on the ground, including kicks and punches to her body and back of the head. According to the sheriff’s office, Depa allegedly attempted to spit at Naydich when EMS arrived.
As per Depa’s lawsuit, in line with his mother’s public statements, school employees were fully aware of his challenges, sensitivities, and problematic behaviors. They had also taken disciplinary action in response to incidents involving threats, spitting, pushing an aide, harassing and intimidating school staff, and yelling at a teacher.
The school and staff were aware of the impact of electronics, particularly the Nintendo, on the student’s behavior. The filing described the student as someone with escalating behaviors and referred to him as a “ticking time bomb.” Despite concerns and warnings, the district completely disregarded his needs.
According to the lawsuit, the repeated threat of confiscating his Nintendo Switch ultimately resulted in the attack on Naydich. The suit alleges that the district’s failure to address his needs or provide adequately trained staff contributed to the incident.
During this incident, a paraprofessional and a student engaged in a verbal exchange, resulting in the student being reprimanded in front of their peers. He faced consequences for not having access to his electronic device, while his peers were granted permission to use theirs. The paraprofessional and the teacher started discussing his ability to bring electronics to school, in front of him and in front of his classmates.
Brendan made an effort to protect himself. The teacher and the paraprofessional disregarded him and carried on discussing him in his presence, as the documents detailed the sequence of events. Amidst the escalating situation, Brendan’s emotions intensified as the paraprofessional mentioned confiscating his electronic device. The situation continued to intensify. Brendan ended up spitting on the paraprofessional.
The paraprofessional became upset and accused him of assaulting her before leaving the classroom, presumably to report the incident. A video captures the moment when the paraprofessional exits the classroom, with the student closely trailing behind.
Describing this as a preventable situation, Depa’s attorneys Stephanie Langer and Maria Cammarata attributed blame to Naydich’s approach, which they deemed lacking in evidence, when addressing Depa’s actions.
The interaction between the paraprofessional and the student was inappropriate. The outcome was easily predictable due to her and the teachers’ actions. The lawsuit stated that although it is understandable for her to be angry at B.D. for being spit on, her response is not an evidence-based intervention to address the spitting or defiance by B.D. The IEP and behavior outline the recommended interventions to be used when a student misbehaves. The paraprofessional failed to adhere to the plans and neglected to employ a strategy based on evidence, thereby placing herself in a precarious situation. A situation that could have been prevented.
The request seeks various forms of support and services, including compensatory education for academic, communication, independent functioning, and social-emotional needs. It also asks for placement in a behavioral therapeutic school with wrap-around services tailored for students with severe behavior disorders, to be funded by the district.
Additionally, reimbursement for out-of-pocket expenses such as tutoring and mental health support is requested, along with reimbursement of costs and fees, and any other appropriate relief as determined by the court.
Refernce: Law and Crime