Note: Brendan Depa is scheduled to be sentenced by Circuit Judge Terence Perkins on May 1. He pleaded to a count of aggravated battery of an education employee, a first degree felony with a maximum penalty of 30 years in prison, though he is not likely to face anywhere near that. He was charged as an adult. The sentence is entirely in the judge’s hands, as is the discretion of sentencing Depa as an adult, as youthful offender, or as a juvenile. Background on the case appears in the box at the foot of the article.
By Rhea Settles
“Get your education.” Young people hear this from just about every adult. It is a phrase that makes one think that education is open access, safe, and available. Well, that’s just not true.
Formal schooling, often referred to as an education, has been promoted as the only legitimate and sure way to gain social standing in society, create and sustain a quality life, and be seen as having value and worth. However, accessing an education by formal schooling is only setup for one type of person and learner. All others, me included, must suffer and struggle through, while being served the oppression of miseducation or dis-education. It’s even worse for the student learner identified as having a disability and in need of additional support and resources to access learning.
Dis-Education occurs within formal schooling policies, systems, and structures where school faculty and officials easily find fault in the student learner. Dis-education makes student learners have to qualify to access learning and opportunities. Dis-education creates ways to discipline, punish, deny, withhold, and deprive student learners of access, support, and resources necessary to gain an education. Dis-education promotes that some student learners are inferior, have less value, are not worthy of learning, and are downright dangerous. Dis-education is chaos and a distraction, so some students are removed from the formal schooling environment, the very environment promoted as necessary to engage society and get an education.
Let’s look at students with a disability, or the differently abled. When a student learner has a disability, accessing learning through formal schooling has the benefit of a legal protocol. In 1975, the Education for All Handicapped Children Act (EHA) was enacted to provide accommodations, modifications, support services, and resources for students with disabilities. The word “handicap” had a negative, demeaning connotation and did not represent all students with disabilities.
The law was reauthorized and renamed in 1990 as Individuals with Disabilities Education Act (IDEA). Before this law, any person with a disability was often isolated, ridiculed, and treated as sub-human, generally not required to participate in the standard of formal schooling and certainly not told to “get an education,” in violation of the 14th Amendment’s “equal protection” clause.
IDEA supports the 14th Amendment by providing and entitling students who meet one or more of thirteen disability qualifiers to receive additional and specialized resources, supports, services, behavior plans, and accommodations or modifications specific to their needs. That’s outlined in an Individualized Education Program (IEP). This IEP’s purpose is a legal tool that provides a blueprint for disabled students to access learning, just as students who do not have an IEP. This federal entitlement was necessary to counter an implicit culture that previously devalued the disabled.
When a student learner is eligible for an IEP, there are three actions: Development, Placement, and Implementation that meet the purpose of IDEA and serve to benefit the student learner. To carry out the IEP actions, there is an IEP team. The IEP team is comprised of the parents or guardians of the student, the student, and school personnel: teachers, staff, counselors, psychologists, administrators, sometimes an advocate or an attorney, or related service providers such as speech therapists, occupational therapists or school psychologists.
Some IEP team members participate in only a select action. When the IEP team members meet, they collaborate on the Development portion of the IEP document. This is where everyone on the IEP team has input into what they believe the student learner needs. The next two actions, Placement and Implementation, are the responsibility of teachers and school administrators. So, the only actions the parents collaborate on is the Development of the IEP.
Under the federal law IDEA, an IEP must ensure the student learner has a Free and Appropriate Public Education (FAPE): can and is the student accessing learning, is the placement appropriate, is the IEP being implemented by school agents, is the student and staff safe while in the school environment? In some instances, the most appropriate Placement for a student with an IEP is a non-public school setting, especially if the public school district lacks the resources (this includes programs and skilled staff) to provide a free and appropriate education.
All three actions are necessary and important. But if one is off–if the Development is incomplete and misaligned, Placement is inappropriate or Implementation is not executed properly–then a student would not be able to access learning and most likely the student and faculty would not be safe in the schooling environment. At that point, the school environment is ripe for the dis-education of a student.
Brendan Depa’s Dis-education
Brendan Depa was attending Matanzas High School when, in February 2023, an awful incident happened involving Brendan and a paraprofessional, or teacher’s aide. It was captured on surveillance video and the footage disseminated around the world. Brendan was charged as an adult with a first-degree felony. He has since pleaded, and is to be sentenced in Flagler County Circuit Court on May 1.
Brendan was born with many disabilities, including level 2 autism and oppositional defiance disorder. With these disabilities, Brendan qualifies for an IEP. For Brendan to access learning and benefit from the learning experience, and for Brendan and faculty to be safe together, Brendan cannot have a first-year teacher who is not fully licensed or trained, who is learning in the moment how to work with students with IEPs and who hasn’t participated in the development of Brendan’s IEP.
Brendan cannot have a teacher’s aide who was employed as a food service worker the previous year and moved into an aide position without the necessary training on how to work with students with IEPs or fully understanding a Behavioral Invention Plan. It did not benefit Brendan if he was without a specialized and skilled behaviorist in the learning environment at all times, especially if his placement was in a traditional, comprehensive high school, as was the case. It was not safe for Brendan or faculty if Brendan’s IEP was inappropriately implemented.
In Brendan’s situation, his IEP was current. It was developed the previous school year. It detailed what learning Brendan needed to access and set out safety parameters for Brendan and faculty. The IEP included a behavioral intervention plan (BIP) which detailed strategies to use and what not to do in certain cases so there would not be any unsafe behavioral episodes. The IEP, which I read, clearly states that the Nintendo Switch game toy Brendan had in his possession, and speaking negatively about Brendan in his presence, were triggers for him. When violated, the result would be an extreme episode.
Due to Brendan’s needs, Brendan’s parents stated at the IEP meeting that a comprehensive traditional high school was not appropriate for him. Still, the school agents decided to place Brendan at Matanzas High School, a traditional comprehensive high school–in the same district, incidentally, where months later Black 4th and 5th graders were singled out in segregated assemblies and demeaned as potential criminals.
In sum, Brendan’s IEP placement and implementation were all wrong on that fateful February 21, 2023. All of this could have been prevented had Matanzas High School ensured Brendan’s IEP actions were appropriate and the focus was on Brendan receiving an education.
What Should Have Occurred
1. Brendan’s placement should have been in a residential non-public school where there would be trained therapists, behaviorists, and teachers who know how to teach and are skilled at teaching students with IEPs.
2. Since Brendan’s placement was Matanzas High School, school officials should have hired a skilled and willing teacher, such as Gene Lopes, a skilled and seasoned one-on-one paraprofessional, and a skilled behaviorist to work with Brendan, in class, throughout the school day.
3. The Matanzas High School faculty should have written and distributed an IEP Implementation Action Plan that included weekly progress monitoring, IEP at-a-glance, and information sessions with all adults who would work with Brendan. With students like Brendan, even the school resource deputies should be briefed and skilled to work with them.
IDEA, the 14th Amendment, and Florida State Constitution Article Section 1 indicate that the state makes education provisions for all children. Since Matanzas High School failed to make the appropriate IEP placement and implementation for Brendan, the February 2023 incident was a consequence.
Here’s the thing: Students with IEPs do not have any power over their own IEP development. Even if they are present at IEP meetings, it’s symbolic. Nor do they have any power over placement or implementation. But they are the ones disproportionately and negatively impacted when it is not done right.
Brendan has been severely dis-educated by not receiving the appropriate IEP placement and implementation and by being criminalized by law enforcement while the Flager County School District and Matanzas High School remain silent on the matter, and his entire IDEA entitlement is largely ignored.
Once the incident occurred, Matanzas High School and the district should have held a Manifestation Determination (MD), informed the school district’s legal team that they need to reach out to the State Attorney’s Office and assert that Brendan is not a criminal. They should have been upfront about the reality: the school district failed to provide Brendan what he needed in the school environment. They should have set up worker’s compensation for the paraprofessional who was injured and explained that if she wanted to return to working in Special Education or at a school site, they would ensure she receives the appropriate training and has the mindset to do this type of work in education.
Any skilled and willed person working in schools must understand and agree to exercise a “duty to care” and that school faculty have more power than students and parents.
Sadly, Brendan has been in jail for over a year now, criminalized, and facing 30 years in prison. Not one school official from the Flagler County School District, not one faculty member from Matanzas High School, not one school attorney, not one teacher, and not one paraprofessional has stepped up to admit that this is a clear dis-education of Brendan and that his IDEA entitlements have been grossly violated.
The video of the incident does not tell that story. It stands on its own, without context, incriminating Brendan and indemnifying everyone else, as if the incident happened out of nowhere. It did not. The incident was horrific on its own, absolutely. But it was also a catastrophic failure on the district’s and the school’s part. It could have been foretold. It could have been prevented, had the IEP been followed, had Matanzas High School and the district done their job. They did not.
Dis-education is real. If this can happen at Matanzas High School to Brendan, it can happen to a young person in your life.
Rhea Settles describes herself as “an educator, a liberator, and civility and human dignity specialist.” A clinical faculty lecturer at California colleges, she is the founder of The Civility Zone and creator of Mindful Civility. Since 2007, Dr. Settles has served as a liaison to ensure students can access learning, parents can advocate for their children, and employees can perform their work in peace. Her purpose work is teaching people how to share spaces, resources, and engage with each other without causing harm or being harmed, particularly in education and workplaces. Dr. Settles has been a teacher, administrator and mediator and has served over 30 years in public schools.
William Stonehocker says
I have to say, this was a touching story. You see, I have autism myself and I give Naydich love for surviving the attack. I suspect that because prison is not geared for a guy like Brendan, he needs to be on probation. You say he’s level 2, but his mom LeAnne says he’s level 3. Either way, he was homeschooled and he did very well there.
Back in 2019, a white guy named John Wilford also attacked his teacher over an electronic device. Due to him being white and the incident not going viral, he got probation for 18 months. IDC if Brendan is black or if John is white, Brendan could benefit from probation. No idea where John is these days.
In 2021, a white girl named Reba Johnson also attacked her teacher, but she was upset and no one knows what caused her to get upset. The incident didn’t go viral, but she was found incompetent to stand trial. Where Reba is nowadays remains unclear. Maybe it’s just me, but I think Reba is a hottie, and so is Abigail from FatheringAutism on Youtube (even though Abigail is non-verbal).
Gene Lopes sounds like some cool old guy who knows what Brendan’s species are like.
Jason says
You took the time to compare the races of the individuals that committed similar acts, but you conveniently seem to have not compared how severe the beating the woman at Matanzas got. And this young man also got into an altercation at the jail didn’t he?
Maybe, just maybe, this young man is being judged because his actions were more severe.
Laurel says
Jason: It’s you who have missed the point.
William Stonehocker says
But still, Naydich did survive. I forgot about the altercation he got in the jail.
I also wonder what the ECHO employees all thought of this. Perhaps they should tell their story too.
Re: his actions being more severe, he still benefits from probation because John Wilford did too. That’s proof Florida is racist.
Un educated says
She is spot on target. I have been on IEP teams, been a one on one with brain injured adolescents as well as children with
Learning disabilities and the dully diagnosed children.
The Flagler County School District failed this young man. Someone needs the balls to stand up and admit that their were mistakes
made and own it as a School District.
Then in house education training must be done in order to make sure that this tragedy ever happens again.
planter says
You liberals talk about the criminals “needs and rights” and ignore the victim’s rights. You completely ignore parental responsibility. I like reading this far far left Blog website because it helps remind me what is seriously wrong in America.
Ray W. says
Hello planter.
“Liberals” talk of the “needs and rights” of the accused? You present as a confused person. Everyone should talk of the needs and rights of the accused, without exception. The conservative movement was founded on individual needs and rights of the accused. Over and over again, I point out that academia recognizes that the conservative movement came into being during the Glorious Revolution in Great Britain in 687, when Parliament stood up to King James II, who had claimed that, as king, he alone held all power. Parlaiment took the position that the legislative held some powers and the executive others. One of the first things Parlaiment did after the king fled the country was to pass a Bill of Rights in order to protect the accused against the powers of the executive. Thirteen individual rights were passed. Some of those individual rights dealt with the rights of those accused of crime. The heart of the conservative movement has always been respect for individual rights and respect for the rule of law. Any person who argues against the rights of the accused is not a true conservative.
Reason offers an additional perspective.
Suppose for purposes of argument that victim’s rights and the rights of the accused cannot coexist, that the two are mutually exclusive ideals. In that world, you might be right in your assertion that somehow adhering to the Constitution rights of a defendant is wrong, that victim’s rights have primacy over all other rights, including the rights of the accused. But, if victim’s rights can be honored and the rights of the accused can be honored, both at the same time, would you be both right and wrong at the same time? Right that victim’s rights should be honored in the courtroom and wrong that defendant’s rights should not be so honored? Is it possible that you can be right and wrong at the same time? Can being right and wrong at the same time offer proof that you might be wandering through life fooling yourself as to the seriousness of what you believe is wrong with America? Is it possible that you are willing to deny any individual his or her rights in a courtroom? That you are what is seriously wrong with America?
Remember, to paraphrase Wittgenstein, one of the most difficult things in life is to not fool oneself.
No Political Affiliation says
You do realize that the group home where Depa was living at the time of the incident, ECHO, requires 2 staff to be around the house during waking hours (only one at night). This is due to the laws regarding how a person with disabilities can be restrained, should they become violent. It takes a minimum of TWO staff to restrain a client. If only one is there, they can’t do anything except block attacks. If they attempted to one on one restrain a client they would be fired. That’s how dangerous the clients are.
Now at the school, at the time of the incident, there was clearly only one staff with him, and it’s a school employee, not the ECHO staff. And she was a fraction of his size. She should not have been a person tasked to watch him, at least not solo.
Please explain to me in detail, since you seem to know a lot, what any of this has to do with parental responsibility. His parents weren’t in charge of who was tasked with watching him at school. The school was. Let’s see if you double down and blame the parents more, or someone else.
Mary Fusco says
NO, I would assume he was in a group home because his parents could not control him. My question is why was he even in school. Sitting in a chair and playing video games is not being educated. It is basically babysitting. While I understand this young man cannot control his emotions, he is in an unhealthy position as are those charged with watching him.
Allison says
You need to read the other story by his adoptive mom. They tried and they listened to a very broken system. HE should have NEVER been placed in Flagler County. Echo was not the appropriate facility for him. However, there are no good group homes. And with continual defunding the situation is getting worse. His is a product of bad parenting invitro. His bad parenting was before he left the womb. He had severe trauma before he ever began his life and before his adoption. There are not enough good mental health providers for children and schools look at the overall and not the individual. He kept being placed in a situation that didn’t work for him and he lashed out. His adoptive parents got in way over their head because they loved this child and tried to provide for him and did everything that was recommended, but again this is a very broken system and if you have a traumatized child with behavioral issues and cognitive issues you find yourself very much left on your own in a sea of doubt, confusion and lack of any help whatsoever. A child adopted from foster care has very little provisions, but come with a whole lot of trauma and baggage. This is no fault of the adoptive parents, it was the unfortunate hand they were dealt with little options to get meaningful care for this child.
William Stonehocker says
He was doing so good when he was homeschooled, then puberty hit and all hell broke loose.
Group homes are improving, just like the Korean vehicles. But still, the better group homes are flawed. I know because I have a friend I’ve known since high school who was in two group homes when he didn’t need it and was sexually abused in one long before I met him.
I agree, Leeanne and her husband tried their hardest.
Dan says
This site is ran by pink haired angry people and funded by democrat party
Nancy N. says
And I like reading comments like this because it reminds me what is wrong with right wing America today. Everything is black and white – literally – and there is no room for nuance or compassion in our complicated world. There must always be a winner and a loser in every situation to you, a good guy and a bad guy. But newsflash – the world isn’t that simple. Casting the role of villain and hero in many situations isn’t that easy…if there are even villains and heroes at all.
Try stepping outside your “us vs them” mentality to consider the very real possibility that BOTH of the people in this situation have been victimized by a system that is inadequate and unsafe.
Laurel says
planter, let’s try this: YOU make the decision to put a blind man behind the wheel of a car, and send him driving down the road, and he must comply. He hits a pedestrian. Should you now prosecute the blind man to the fullest extent of the law for endangerment to the pedestrian?
This is the decision the school made. Do you wonder why they are quiet?
The Geode says
I get so sick of this “individual this” and “individual that” shit. WHY must we continue to coddle “individuals” and “criminals” while sacrificing the masses is beyond me. Dangers to society should be segregated from society. The victims of these people can care less about the excuses of why the person did them harm – the only thing that matters is that they did them harm …who gives a shit “why”?
atwp says
Wrong is wrong. Why not the same punishment for the same crime? Will not go into details but we know the history of this country. Finally a certain group of people are being punished for a few of the crimes they commit. That has not always been the case.
Nunya says
Agree 100 percent just cause they have a problem makes it ok to do what they do :..thug punk !!
Ken says
Civil rights attorneys and disability advocates should be all over this. No way the charge fits given this situation. He needs to be punished but clearly there is mitigation. The school district is liable and should be sued by the victim and the child’s family.
ASF says
It sounds to me as though this young man has, unfortunately, gotten the impression–however not intended–that his disabilties entitle him to act out against others violently. As with any other human being, there will be inevitabke consequences that will result from his negative actions.
I hope wherever this young man ends up, he will receive the proper evaluation and treatment that he requires. I also hope that the public will be protected when and if he goes off the rails again.
William Stonehocker says
Brendan did change his attitude for the better while at work getting his GED. You can thank Gene Lopes for helping him. Even though Brendan’s actions were wrong, I don’t think he should be held responsible at all because the school did not listen to his IEP.
While Naydich earns love for surviving, she was not supposed to be an aide.
wwegww says
Simple psychology classes.
You cannot begin to teach an individual with autism until a variety of needs are met. It takes a psychological approach THEN a teaching approach. Patience isn’t something you can learn in these positions, it is a requirement to even come to the table.
Also, DSPs and Paraprofessionals need to work together so they can at least use the same preferred snacks, hints and tips.
All it takes is working together.
ASF says
I gained the impression from prior reports that Brendan Depa was on the receiving end of multiple attempts by various other authoriities to assist him throughout his life. His history of violence seemed well documented before he ended up in Flagler County.
I question how he ended up in Flagler County when he was originally from another county altogether. Was this by design? How did that happen?
wwegww says
It’s just where ECHO happens to be.
They had to close Carlton Palms cause of abuse and a client died. When these individuals with autism grow up and still have trouble managing their anxiety, yeah! Yea, it can be a danger, but it takes a trained approach. And a lot of supervision. You can’t learn patience at these jobs, it’s a requirement to come to the table.
William Stonehocker says
Arnaldo Rios Soto is also autistic, but he’s much older than Brendan and is Hispanic. Rios Soto also lived in too many group homes because the one he lived at, his black caregiver was shot by police because they mistook a silver toy truck for a gun.
Dan says
Kid is an animal , should be locked away for every ,not be allowed to roam the world amongst citizens. What a sick video of a monster
Laurel says
Dan: I am damn glad you’re not in charge! You have a very limited understanding of brain function.
William Stonehocker says
He didn’t commit the attack for evil. No, he commited the attack because his emotions got to the best of him. Also, he does need probation even though he’s black.
Samuel L. Bronkowitz says
Rhea Settles has lots of credentials but hasn’t seen the inside of classroom from the standpoint of “teacher” since 1996.
https://www.csueastbay.edu/ceas-accreditation/2018/files/docs/lecturers/edld/SettlesRhea.%20CV.pdf
Mischa Gee says
The woman who was injured wasn’t a teacher at all. And it is obvious she wasn’t properly trained in dealing with disabled students.e
It amazes me that there are so many people who allegedly have fully functioning brains that can’t discern that Brendan does Not think or function like them.
This young man is as much a victim in this case as the woman he beat. He couldn’t comprehend why she was doing what she was doing and does not have the same level of mental self control to cope.
From what I understand, the woman recovered from her physical injuries and in my humble opinion should be placing the majority of blame for what happened to her to being out in a situation with a student with mental disabilities without the proper training or assistance.
Brenden was put in a situation in which his coping abilities were inadequate and his response should have been anticipated if his protocols had been properly followed.
He has served over a year in jail and was a minor with PERMANENT Cognitive Disabilities before during and since this incident. He functioned much better in the group home, prior to being sent to a public school.
If this judge weighs all of these facts, it seems to me that Brenden has served enough time in prison, should be released back to an assisted living facility where he can be closely managed to live out his life until and if he ever can live without assistance.
If as a society we are going to insist that all life is precious, while in the womb, then we owe it to those lives who are born with disabilities of all types to treat them as precious and provide them with a safe living environment.
William Stonehocker says
He was homeschooled growing up and he did well there. The woman who was attacked should’ve stayed in food service and the teacher was not supposed to be there.
Mischa Gee says
The woman who was injured wasn’t a teacher at all. And it is obvious she wasn’t properly trained in dealing with disabled students.
It amazes me that there are so many people who allegedly have fully functioning brains that can’t discern that Brendan does Not think or function like them.
This young man is as much a victim in this case as the woman he beat. He couldn’t comprehend why she was doing what she was doing, and does not have the same level of mental self control to cope.
From what I understand, the woman recovered from her physical injuries, and in my humble opinion, should be placing the majority of blame for what happened to her, to being put in a situation with a student with mental disabilities, without the proper training or assistance.
Brenden was put in a situation in which his coping abilities were inadequate and his response should have been anticipated if his protocols had been properly followed.
He has served over a year in jail and was a minor with PERMANENT Cognitive Disabilities before, during, and since this incident. He functioned much better in the group home, prior to being sent to a public school.
If this judge weighs all of these facts, it seems to me that Brenden has served enough time in prison, should be released back to an assisted living facility where he can be closely managed, to live out his life until and if he ever can live without assistance.
If, as a society, we are going to insist that all life is precious, while in the womb, then we owe it to those, who are born with disabilities of all types, to treat them as precious, and provide them with a safe living environment.
NoThanks says
As a former FCSD employee… working with children an adults with disabilities… It was ignored many years now and as myself being thrown down and hit and spit on and my hair pulled… enough is enough . Mostly it’s a babysitting job.
And the pay? For what? Satisfaction of helping those in need? Pay was not enough and I’m sure still not enough for what you are asked to do!
No one gave a crap when you got hurt…. Flagler school Board get your heads out of your asses and see the real problems… sweeping it under the rug gets absolutely nothing done.
Jared says
I think multiple things can be true simultaneously. Brendan’s IEP did not appropriately reflect his level of need. That is probably true. It is also true that he chose to brutally assault someone. The former being true does not make the latter any less true. Even if it is true that Brendan may have benefited from even more support than he was already getting, that doesn’t change that fact that there was already a team of people around him trying to give him the best education that they could.
Educators are put under tremendous pressure to fix a child’s poor behavior. Parents, administrators, and articles on the internet expect educators to perform miracles, and often suggest that if a child acts out, it is the fault of the adults around them for not doing a better job to help them make the right choice. Educators certainly can help a child to make the right choice, but they cannot force them. Every human being has free will, even a child with special needs.
When this incident happened, Brendan was already on diversion for three previous battery charges, meaning he had done this sort of thing before, and had been given a warning. He was also almost a legal adult. He had also received the services of countless educators, doctors and specialists throughout his life. I’m sure many of these people were aware of his issues with physical aggression, and had tried to give him tools to control these impulses.
My heart breaks for Brendan. I feel very sorry for him, and am sure that he regrets what he did. But the fact of the matter is that he put himself in this situation by making a terrible, terrible choice.
Joe D says
Wow….lots of ASSUMPTIONS being made by Many commenting here. As a Masters prepared Clinical Nurse Specialist, who worked as a child and family therapist, and a Certified Nurse Case Manager for nearly 43 years, along with being the adoptive father of a special education son with a behavioral disorder, and the ex husband of a Masters prepared Special Education Inclusion teacher, I can HOPEFULLY shed some light on the LEGALITIES and the EXPECTATIONS of the school district, the group home staff, the family, the classroom staff and the student himself.
The LAW states that EVERY Child has the right to be educated to the best of his ABILITY, in the LEAST RESTRICTIVE ENVIRONMENT.
Residential care is the highest level of care below a hospitalization. Regular classroom without any additional assistance of the teacher or an outside subject educator, is the lowest level.
Special education services are determined by a group of educational, and health professionals in an IEP team (Individualized Educational Plan), after the student gets assessed for educational level, psychological adjustment, medical status, and career potential.
The IEP team, along with parents ( if they wish), and the student (as appropriate), depending on their level of ability, develops a plan of education, along with support services (psychological, medical, behavioral) to assist the student to reach their maximum level possible ( whether high school graduation, potentially college or vocational training, if possible for those who are not anticipated to be able to pass the requirements for a high school diploma).
This educational plan, called an IEP Is developed which sets short and long term goals in Behaviorally measured steps. This plan should be available to all teachers (classroom and resource teachers, and classroom paraprofessionals). Intermittent notes are kept by school staff ( although Weekly might be overly optimistic). Periodically 1-2 x/year or when significant progress is NOT being made, the team meets again, schedules additional assessments if necessary, and adjusts the goals again.
From what has been indicated in this article and prior articles, there is nothing to indicate the victim Paraprofessional was not “properly trained” to deal with behavioral outbursts or classroom disruptions. In fact the staff member listed appears to have given the student several reminders that video games were not allowed in class. She took the game to the office, as was appropriate. However, it looks like that left only the 1 classroom teacher, and they could not leave the classroom to go after the student chasing after the paraprofessional on the way to the office. In this situation, there should be a walk-in/talkie system or telecom system with the office to warn them of the student leaving the classroom. What does appear to be lacking is another Security/paraprofessional staff to assist the original staff, once the student left the assigned classroom to chase after the first paraprofessional.
Had I been in the classroom, I would have done the same intervention as the victim did: remind about the rules, give a warning, then take the game away. This has NOTHING to do with RACE!
It’s clear, in this incident, the student doesn’t have clear control over their emotional behavior. It is unfortunate that the school staff was injured, and it’s unfortunate that there is APPARENTLY (we don’t know) limited to no educational services available to the student in jail.
Given the demonstrated assaultive response to the staff’s REASONABLE limit setting, the student appears (at that time ) to be a “danger to others,” and appropriately BAIL was denied. Again, this has NOTHING to do with RACE. I would HOPE that Psychological services and continued appropriate behavioral medications be available as appropriate, to the student.
It appears that The student was ALREADY in a group home prior to the incident, however, we do not know if it was simply a community placement because the parent could not manage the student at home, or a more restrictive residential placement.
This WHOLE situation is terribly upsetting for all involved. Not having PUBLIC ACCESS to the student’s educational and behavioral plan, we are only GUESSING what SHOULD have happened and what SHOULD happen to the student ( now legally an adult!), as this case progresses.
It’s easy to sit on the outside with incomplete (and possibly inaccurate) information, and pass judgment on those involved.
Hopefully more systems can be put in place to lessen the chances that a similar situation occurs again.
Skibum says
I don’t want to sound insensitive, but the reality is that a school environment, by design and purpose, does not AND should not be a place where every student gets his or her own way with things. There is supposed to be structure as well as rules for behavior, to include appropriate consequences when those rules and/or instructions from school staff are not followed. For those individuals who have specific issues or behavioral traits that make it difficult for them to adjust to and fit into this type of environment with the larger school population, I have to ask… is it not better for the individual as well as other students and teaching staff that there be some other learning environment that would be a better fit for Depa and others who need a heightened level of supervision and different methods to accomplish his right to education? I don’t think the blame for what happened at Matanzas should be put on the school system. Depa’s experience in such an inappropriate atmosphere that was not well suited for him isn’t much different than those with mental problems who are found guilty of crimes and placed in a prison environment instead of being confined to mental facilities where they could receive mental health treatment instead of merely being housed among the mass of criminals who are more apt to take advantage of them. Society needs to do better for those who have special needs, and that, of course, entails putting more money and resources toward addressing this issue so those, like Depa, are able to thrive and become as much a part of society as they are able with the proper resources. I just do not believe that putting him in that environment at Matanzas was the right decision by his family and others who should have made a better decision for HIM. Regardless of how this criminal case ends with his upcoming sentencing, those who are closest to Depa need to do better in the future for HIM, because the larger failure, as well as the more important life lesson, is on them in my opinion.
Ray W. says
Thank you, Skibum.
Joe D says
What it DOES appear (the general public isn’t privy to a student’s private records), is that the student was NOT being taught in a REGULAR classroom, but being taught in a SELF CONTAINED Special Education classroom, with a limited number of students (“usually” 6-10 students) with 1 credentialed Special Education Master’s prepared certified (probably) teacher and 1 (probably in this case), or 2 paraprofessionals (used to be called “teacher’s aides” in the old days). These students GENERALLY do not change classrooms, and frequently (depending on the school) will have individual subject “resource” teachers come in to work with individual students.
What has NOT been discussed here, is that a Residential 24/7 school ( if one is even locally available), can cost the School District $120,000 per year, per student.
Just having the student placed in a self contained special education day school, can cost $80,000-$90,000 per year, per student. That is a HEFTY cost for the school district (ie: taxpayers).
School systems are VERY SELECTIVE as to who requires such expensive educational services. It’s usually determined after SEVERAL evaluations, and re-evaluations of the student through the IEP team process. Unfortunately, the student has to “fail” at least restrictive school settings, before even being considered for the Therapeutic Day School or fully 24 hour Residential School. It APPEARS (but the PUBLIC doesn’t have access to the student records), that the student was in the self contained Special Education classroom in a regular school ( 1 level UNDER the Therapeutic Day School level).
It’s difficult to say, whether this student required a special school, OR a residential school RESTRICTIVE placement.
As the adoptive parent of a Special Education student (now age 25), with an emotional/behavioral diagnosis …it’s a struggle deciding what’s the best for your child. I was LUCKY to have been a child and family therapist, and KNEW what my son needed, and found the educational system VERY helpful in the process. My son is now self supporting, in jobs he does well at, but still struggles with emotional trauma that occurred before his adoption at age 9.
William Stonehocker says
I grew up going to special ed private schools that were long-distance. No lie, they were $100k/year.
John says
Give me a friggin break. I don’t care what’s wrong with this clown he beat up a teacher over a Nintendo. He deserves the maximum sentence. This guy shouldn’t be out on the streets and it’s obvious if he snaps at random someone will get seriously injured. Put him away and move on. Stop blaming everyone else but the person that did it.
Tiffany Russell says
Hello, I noticed in One Article it says he is level 2 and the article from his mom is level 3?
That makes a huge difference in how people judge the situation…..
I know because those other diagnosis alone and all the meds is wild behavior he is sent to prison..
He is going to be the same person he walked in there. .
The judge should be removed from the bench..
He does not have a full understanding and no one tried to call an expert witness.
William Stonehocker says
I made that post. The only person who is supposed to be on Brendan’s side is Gene Lopes, not Joann Naydich or Barbara Buchanan.