Friday, October 8, 2010

Pittsburgh parents sue school district over molestation of their intellectually disabled daughter by bus aide

From the Pittsburgh Tribune-Review:

The parents of a Bethel Park student who suffers from autism and mental retardation claim in a federal civil rights lawsuit filed Oct. 5 that the school district failed to protect their daughter from a bus aide who repeatedly molested her.

From Jan. 30 to March 6, two bus drivers reported at least three instances that Paul Kirtley Sr., 76, of Bethel Park sat with, hugged and kissed "Jane Doe" while she was riding the bus to and from the district's Pathfinder School, according to the lawsuit. The 18-year-old was incapable of reporting the behavior to her parents, the lawsuit says.

Responding to the third complaint, the school installed a video camera on the bus, which recorded Kirtley's behavior March 10. He resigned, and the district reported Kirtley to Bethel Park police.

Kirtley pleaded guilty June 21 to endangering the welfare of a minor and indecent assault on a person with a mental disability. Allegheny County Common Pleas Judge Donna Jo McDaniel sentenced Kirtley to six months in the county's intermediate punishment program, which typically includes home confinement and treatment, followed by a year of probation.

School district spokeswoman Vicki Flotta said the district hadn't reviewed the lawsuit and had no comment other than to say that Kirtley is no longer an employee.

The lawsuit says the district failed to protect the girl's rights by not investigating initial reports bus drivers made about Kirtley's conduct.

The girl's parents are seeking compensatory and punitive damages, and an order requiring Bethel Park to develop a program that would teach Doe how to distinguish between appropriate and inappropriate behavior from caregivers.