Video shows school bus aide slapping 10-yr-old girl in wheelchair, mom sues school district for $700k in damages
HAMILTON, INDIANA: Mother of a special-needs child who was slapped by a Noblesville Schools bus aide in 2019 in Indiana is reportedly suing the school district for failing to provide a safe environment for her daughter. Elizabeth Hartman, who filed a lawsuit in Hamilton County Superior Court, on Tuesday, July 14, said the schools failed when she trusted them with the safety and security of her child, Riley, who is nonverbal.
The suit states that both mother and daughter were "injured as a direct and proximate result of the reckless and intentional acts" of the school district and its staff, according to IndyStar. The child's family is reportedly seeing damages of $700,000 and has requested a jury trial in the case. An attorney representing the Hartman family, Catherine Michael, told the outlet that the child's name could be publicly used.
Riley, 10, was mistreated on May 3, 2019, when a Noblesville Schools bus aide, identified as Francella Van Fossen, was assisting to strap the child's wheelchair in the back of the school bus. It was during the process that Van Fossen slapped the child. A video of the incident was captured on the bus security camera, where Van Fossen and bus driver Joey Heinzmann could be seen strapping Riley's wheelchair as the child kicked her feet and flailed an arm. The women could be heard telling Riley to stop kicking and hitting. The 10-year-old, at one point, appears to bend her head toward Van Fossen's arm and the bus aide then swings her hand around and strikes Riley’s cheek. The action makes an audible slapping sound.
Riley, nearly five years ago, had suffered a traumatic brain injury during a car accident that killed her father. As a result of her brain injury, Riley became nonverbal and requires assistance with basic needs like personal hygiene, court documents states. The child also uses a wheelchair specifically designed for her body "due to lack of strength." Riley, however, understands things happening to and around her like if someone strikes her. The little girl also kicks out her leg involuntarily because of her brain injury and would have reportedly been in pain considering the way she was being restrained in the bus, the attorney said.
"We believe that training is necessary is for all school staff," Michael told the outlet. "Until there are substantive changes in school systems, abuse will occur and it is only when it is caught on camera that parties are held accountable," Michael said. "We want abuses in all school systems in Indiana to come to an end."
Van Fossen, who had to a class B misdemeanor of battery, was fired by Noblesville Schools. The former bus aide, in October 2019, was sentenced to 180 days in Hamilton County Jail with 170 days suspended and served 10 days in jail, court documents stated. Van Fossen was reportedly also on probation for 170 days and was sentenced to 20 hours of community service.
The school district, in response to the Harman family's suit, pointed to its response and focus on school safety. "Student safety is our top priority and we have zero tolerance for behavior that puts our students at risk in any way. We immediately addressed this issue in collaboration with Noblesville Police upon learning of this situation and the bus aide in question is no longer employed with Noblesville Schools," the district said in a statement to the outlet.
Hartmans, in their civil suit, however, have alleged that the school district "failed to provide supervision and training of its employee and should be held vicariously liable for the actions of its employee as they were within the scope of her employment with (Noblesville Schools).”