A TEEN with Down Syndrome was allegedly repeatedly shoved and locked in a cage where he was assaulted at school, a lawsuit has claimed.
An employee has also been accused of yelling derogatory words at the boy, 15, and comparing the partially nonverbal student to an animal.
The teenager’s actions have gotten worse – he is scared to go outside, doesn’t talk anymore, and is hitting himself in the head more often, according to legal papers.
“He rips his hair out, so much so that he has large bald spots on his head,” the lawsuit said.
The young boy, known as C.B., was seen in a photo confined in a cage meant for sports gear at St. Mary’s Junior and High School in Kansas, as stated in the legal complaint.
It was claimed in the court papers that C.B. was sometimes placed in a small, poorly lit room referred to as the “seclusion closet” on multiple occasions.
“The Seclusion Closet was not designed or intended to be used to place students for any reason.”
He rips his hair out, so much so that he has large bald spots on his head.
Heather and Jeff Bahner’s lawsuit, Kansas
The teen’s parents, Heather and Jeff Bahner, filed the legal action last Friday in the Kansas City, Kansas, division of the U.S. District of Kansas.
Their accusations have been leveled against a paraprofessional assigned to the 15-year-old in the Kaw Valley district.
No criminal charges have been brought against Albert Bahret, who was accused by the Silver Lake couple of striking and confining C.B. in unlawful seclusion areas.
The lawsuit names Bahret, other special education staff and the district, which enrolls around 1,100 pupils, and is based in St. Marys, about 30 miles (48 km) northwest of Topeka.
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It said the teen’s placement in the closet and cage stemmed from “no behaviors whatsoever, or for minor behaviors” that stemmed from his disability.
“Mr. Bahret unlawfully restrained, secluded, and deprived C.B. of an opportunity to participate in or benefit from the District’s educational programs,” the lawsuit said.
“C.B. has been diagnosed with Down Syndrome, dysphagia, Attention Deficit Hyperactive Disorder, developmental delay, speech delay, and
atrial septal defect [heart defect], among other diagnoses.
“Disabilities constitute mental and physical impairments that substantially limit C.B.’s major life activities.
“C.B. is partially nonverbal because of his disabilities. When he does speak, he typically will speak in short, abbreviated sentences.”
ANIMAL
Bahret is alleged to have photographed him locked in a cage used to store athletic equipment, sending the pic to staff in the Kaw Valley district, and comparing the teen to an animal and “making light of his serious, demeaning and discriminatory conduct,” the document added.
The parents alleged that the paraprofessional did not have a key to the cage, and had to seek help from other district staff to open the door and release their son.
Disabled boy allegedly ‘locked in cage at school’: lawsuit
A Kansas school employee has been accused of locking up a teen with Down syndrome. Here’s the latest on the case:
A boy, 15, with Down Syndrome was allegedly shut in a cage used to store athletic equipment at St. Mary’s Junior and High School in Kansas.
A lawsuit has been filed by the child’s parents, Heather and Jeff Bahner, of Silver Lake.
Their boy, identified as C.B., was alleged to have been placed “in a small, dark utility” – dubbed the “seclusion closet” – closet on more than one occasion, said the lawsuit.
St. Mary’s Junior and High School employee Albert Bahret, was assigned to the 15-year-old, as a paraprofessional to help with his special needs.
Bahret has been accused of repeatedly shoving the teen into a utility closet, and hitting the boy.
He also once photographed him locked in a cage used to store athletic equipment, the lawsuit claimed.
Bahret compared the teen to an animal, “making light of his serious, demeaning and discriminatory conduct,” it added.
The legal action was lodged August 16, 2024, in the Kansas City, Kansas, division of the U.S. District of Kansas.
The lawsuit names the paraprofessional, other special education staff and the district, which enrolls around 1,100 and is based in St. Marys.
The suit claimed the defendants described their treatment of the teen as “tough love” and “how you have to handle him.”
No criminal charges have been listed in online court records for the paraprofessional or any of the employees named in the suit.
No disciplinary actions are listed for staff in a state education department database.
He has been accused in their suit of yelling derogatory words within inches of the pupil’s face on a daily basis.
Bahret also allegedly pulled and yanked the teen by his shirt collar around the school at least once a week, per the lawsuit.
“Mr. Bahret angrily pulled and shoved C.B. into [the seclusion closet] on more than one occasion,” it claimed.
“On at least one occasion, Mr. Bahret entered the Seclusion Closet with C.B. and struck C.B. in the neck and/or face. After exiting the Seclusion Closet, C.B. complained ‘Bert,’ ‘hit,’ ‘closet.’
“Mr. Bahret aggressively pulled C.B. by his shirt collar and arms when removing him from the classroom to take him to the Seclusion Closet or elsewhere in the building.
“[He] was seen pulling and yanking C.B. with such force that C.B.’s shirt collar became tightened and obstructed C.B.’s airway.
“C.B. choked, coughed, gasped for air, and begged Mr. Bahret to stop,
but Mr. Bahret did not relent.”
The suit claimed the paraprofessional also made the teen stay in soiled clothing for long periods and denied him food during lunchtime.
Some staff expressed concerns to the special education teacher, who oversaw the paraprofessional, as well as the district’s special education director, according to the suit.
But the suit claimed that neither of them intervened, even though there had been other complaints about his alleged treatment of disabled students in the past.
TOUGH LOVE
The defendants described their treatment of the teen as “tough love” and “how you have to handle him,” the lawsuit alleged.
C.B. attended St. Marys Jr./Sr. High School during his 2022-2023, 2023-2024 school years, and is enrolled to attend during his upcoming 2024-2025 school year.
Bahret was assigned to help handle his special education needs in 2022.
“Taylor Hurla, the special education teacher in charge of C.B.’s classroom was responsible for supervising Mr. Bahret as her subordinate,” the suit added.
“Ms. Hurla actively participated in defendants’ campaign to hide the unlawful conduct from C.B.’s parents,” it also alleged.
The other named defendant is Sarah Sanders, director of the district’s special education services program.
NO DISCIPLINARY ACTION
No criminal charges have been brought against anyone named in the lawsuit. No disciplinary actions are listed for staff in a state education department database.
The U.S. Sun has contacted the school for comment.
“We are asking our families and employees to report any concerns about inappropriate conduct without delay,” Superintendent Kerry Laco*ck told The Kansas City Star.
“It takes all of us working together — teachers, staff and student families — to make our schools the safe and caring place our community expects and deserves.”
