Special Education Teacher's Tragic Death Sparks Lawsuit Against Dallas ISD: Was Negligence to Blame?
what you need to know:
The family of a former special education teaching assistant is suing the Dallas Independent School District (DISD) for negligence.
The teaching assistant, Sharla Sims, died three days after being violently attacked by a special education student in her classroom.
Attorneys for the Sims family claim that the district was aware of the danger posed by the student and failed to address it.
The Sims family is seeking $20 million in damages and demanding significant changes in DISD classrooms.
A former Dallas ISD employee blew the whistle on the administration's alleged failures in the incident.
Family of Special Education Teacher Suing Dallas ISD for Negligence After Tragic Attack
January 12, 2023
The tragic death of a special education teaching assistant in Dallas, Texas has led to a federal lawsuit against the Dallas Independent School District (DISD) for negligence. Sharla Sims, a 56-year-old teaching assistant, was attacked by a special education student in her classroom and later died from her injuries. The Sims family, along with their attorneys, held a press conference to unveil the details of the lawsuit and the events leading up to Sims' death. This case brings to light the importance of addressing potential dangers in the classroom and ensuring the safety of educators and students.
The Incident
On January 2021, Sharla Sims was working at Spruce High School when a special education student, described as a "very large 17-year-old with significant behavioral and learning disabilities," violently attacked her. According to court documents, Sims was punched and thrown into a bookshelf repeatedly. The lawsuit states that Sims "screamed in intense pain unable to stop the attack as others looked on helplessly." After the attack, Sims saw a school nurse and went home. However, doctors later discovered a tear in her aorta and her condition worsened to the point where she could not move.
Allegations of Negligence
Attorneys for the Sims family claim that there were at least three other documented assaults involving the same student and that DISD was aware of the danger posed by the student but failed to address it. They accuse the district of negligence and claim that DISD should have taken steps to protect Sims and other educators from the student.
Seeking Justice
The Sims family is seeking $20 million in damages and demanding significant changes in DISD classrooms. They also claim that they only found out about the incident a few months ago after a former Dallas ISD employee blew the whistle on the administration's alleged failures. The family is calling for justice and for changes to be made to ensure the safety of educators in the future.
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Our take:
At EducationLawyers.com, we believe that when it comes to incidents of violence in schools, it's important to look beyond just placing blame on the student. In the case of the tragic death of Sharla Sims, a special education teaching assistant who was attacked by a student in her classroom, it's crucial to examine whether the student and teacher were appropriately supported and if there were adequate interventions in place to address the student's behavioral issues.
One such intervention that should be considered in these situations is a Functional Behavioral Assessment (FBA) which is an assessment process used to identify the specific behaviors that are causing problems, the reasons why those behaviors are occurring, and the most effective strategies to address those behaviors. Additionally, a Positive Behavior Support Plan (PBSP) can be implemented to provide clear guidelines for addressing the student's behavior in a constructive and proactive way.
Without knowledge of what interventions, if any, were in place for the student in question, it is hard to say who is to blame in this situation. However, it's clear that something failed and it's important that school districts take a comprehensive and proactive approach in addressing behavioral issues to ensure the safety of all students and staff. If you or a loved one have experienced a similar situation, the education lawyers at EducationLawyers.com are standing by to help.