The DeSoto Police Department along with DeSoto ISD are investigating disturbing allegations of a special needs teacher physically abusing a non-verbal student in her care.
The teacher, who is not being identified by the district or police, has been placed on administrative leave pending the results of the investigation, according to a spokesperson for DeSoto ISD.
Video obtained exclusively by NBC 5 appears to show the DeSoto High School special education teacher approaching a non-verbal student seated at a desk and swatting his arms and leg with a power cord.
“I’m horrified,” said special education advocate Mike Holum. “When she’s done with the chest then you hear a loud snap and then him uttering in pain.”
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NBC 5 is not identifying the teacher because she has not been charged with a crime.
The alleged incident happened last Friday in a DeSoto High classroom helping special needs students up to 21 years of age prepare to transition into the workforce, according to Holum.
The person who reportedly captured the video is also a special needs student.
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“I’m so proud of her and we’re so lucky that she’s able to verbalize,” said the student’s mother Joyce Hernandez. “We call her the ‘special needs angel.’ She’s been like an advocate for kids for years.”
Hernandez says her daughter has not been afraid to report teachers over the years, including situations that ended with their termination.
“The courage of the student that took the video is just beyond the years of somebody her age,” said Holum. “That’s an environment she’s in to help her and to have the wherewithal to record it.. because honestly, I don’t think anybody would believe her.”
The 20-year-old captured another video showing the teacher repeatedly pulling the male student by his shorts, demanding he pick up papers scattered across the floor.
Her daughter showed the videos to her on Monday, according to Hernandez. After considering how to respond to an incident that involved a special needs student she did not know, Hernandez consulted with co-workers and felt compelled to file a police report.
“My initial reactions was not to report it because I was afraid of retaliation,” she said. “I was reluctant to do it out of fear, but I think I finally made the decision to report it because it was more important to protect the student and my own daughter is actually secondarily being abused in there. She’s afraid.”
DeSoto ISD’s spokesperson released the following statement after being approached by NBC 5:
DeSoto ISD is aware of the allegations against a teacher and is investigating the matter in collaboration with police. The employee in question has been placed on administrative leave pending the conclusion of the investigation. DeSoto ISD does not tolerate abuse of any kind and takes all allegations of misconduct seriously. The district will continue to prioritize the safety of every single person in its school community and remain committed to providing a safe and secure educational environment for all students.
Hernandez also reached out to Mike and Deborah Holum of Advocacy Behavior Consulting who are contracted by Hernandez to help her navigate her children’s special education needs and requirements.
While the school district confirms that ‘administrators have reached out to the parent,’ Holum has not been in contact with the affected student’s family.
He works with families of special needs students across Texas and 9 other states, ensuring school districts follow federal laws about individualized learning plans for these students.
Holum says he believes the teacher used intimidation and escalating voice infliction on the student, adding “when the student is sitting down, the teacher approaches the student. He cowers away from her. That tells me he’s anticipating something that’s a negative behavior on the teacher’s part.”
“The reason we’re sitting here today is that child does not have a voice so we’re trying to be his voice as much as possible,” he said. “I’m cautiously optimistic that the police department and the school district will do the right thing here.”
Holum acknowledges education plans, that are agreed to by parents and educators, are individualized and vary from child to child depending on their educational and behavioral needs.
Asked if it’s possible that swinging a cord could be part of this student’s plan, Holum says: “Absolutely not. There are what’s called punishers in behavior management, but it would not be the whipping of somebody using the power cord.”
Holum and Hernandez also expressed concern over the district’s response to the police investigation.
“The teacher was at school today,” said a surprised Hernandez. “I don’t know why she was there. I’m not sure why she was in the vicinity of my child.”
Hernandez sent NBC 5 a photograph purportedly showing the teacher in question standing inside a classroom Wednesday morning.
When asked why she was still in the classroom, the district’s spokesperson replied stating, "The district is investigating the matter and took immediate action to place all parties related to this issue on leave pending investigation."
Holum and Hernandez believe the videos should lead to criminal charges against the teacher.
“Seeing what you’ve seen in the video, is that someone you want educating one of your family members,” asked Holum. “The answer is no.”
Through tears, Hernandez says her faith dictates a higher punishment is in store for the teacher.
“I feel like God will hand it,” she said. “To abuse anyone is horrible, but to take advantage of someone who is intellectually disabled and hurt them when they can’t even communicate or rationalize or try to understand what you’re doing. You’re the worst kind of person. You are scum of the earth.”
Hernandez urges parents of special needs students to seek out advocates like Holum to know their rights.
Parents who find themselves in similar situations can file a grievance with the school or a police report in more severe cases.
Holum also reminds parents that if a student is in Special Education placement over 50% of their time, parents may request cameras in the classroom. Such requests have to be made yearly.
* Editor’s note:
Late Wednesday evening, the district’s spokesperson released an additional statement with details not previously disclosed in previous communication with NBC 5.
The district now says the woman on video is a teacher’s assistant, despite previously identifying her position as a ‘teacher.’
When it comes to this staff member’s presence at school on Wednesday, as reported by Hernandez’ daughter, the district added Wednesday evening:
Because the concern was reported to an external agency, the district initiated its internal investigation upon awareness of the incident. Once identified, the staff member, who is not a teacher, but a teacher's assistant, was immediately placed on administrative leave.
Hernandez’s mom previously showed text messages her daughter reportedly sent during the school day Wednesday, further alleging she overheard the teacher’s assistant making remarks out loud threatening whoever reported the allegations to police.
When asked about the new accusations, the district’s spokesperson said they had not received any reports of this happening.
Wednesday night, the district also stated:
"Of the more than 400 educators in the district, this isolated incident is not reflective of the quality and character of the DeSoto ISD educators who serve scholars with care, compassion and commitment."
