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An 18-year-old high school student with autism, Brendan Depa from Florida, has filed a lawsuit against the Flagler County Public Schools after a violent incident at Matanzas High School. The incident involved Depa attacking a paraprofessional, Joan Naydich, who had threatened to take away his Nintendo Switch.
Depa's lawsuit, under the Individuals with Disabilities Education Act, blames the school district for neglecting his individual educational and behavioral needs, leading to the February 21, 2023, attack and subsequent legal troubles for Depa.
Depa had faced charges of aggravated assault and pleaded no contest to aggravated battery on a school employee, which could result in up to 30 years of imprisonment under Florida law. His mother, Leanne Depa, fears this would be a "death sentence" for him.
Reports from the Flagler County Sheriff’s Office initially stated that Depa attacked Naydich because she took away his Nintendo Switch. However, Naydich clarified that she never did so, calling it misinformation.
Watch the video here:
NEW: The high school student who beat his teacher unconscious for taking his Nintendo Switch is suing the school district, blaming them for the attack.
— Collin Rugg (@CollinRugg) April 27, 2024
Remarkable.
Lawyers for Brendan Depa, a 6 foot 6, 270 pound teen, say the school district is responsible for ruining Depa’s… pic.twitter.com/imeBTyuv8J
Video evidence showed Depa assaulting Naydich, kicking her while she was unconscious and punching her multiple times on the floor. He also attempted to spit at her when EMS arrived.
Depa's lawsuit emphasizes that the school was aware of his disabilities, triggers, and past disciplinary issues, including threats and harassment towards staff. The district's failure to address these issues and the repeated threat to confiscate his Nintendo Switch are cited as factors leading to the attack.
The lawsuit seeks compensatory education, placement in a behavioral therapeutic school with support services, reimbursement for expenses, and other relief deemed appropriate by the court.
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