Autistic son's injuries prompt suit against JCPS principals, parents

LOUISVILLE, KY (WAVE) – The photo shows redness around his eyes. But Tracy Davenport maintains that pictures can't even begin to detail the trauma that her 14-year-old autistic son, named in court documents only as "C.L.", is alleged to have suffered at the hands of a fellow student in his special needs class at Ramsey Middle School on March 23.

"His face still has bruising—you know, he's scared somebody will grab a-hold of him," Davenport said.

His alleged assailant, a 14-year-old girl that court documents identify as "T.R." had a history of behavioral problems, Davenport's attorney Ted Gordon asserted Wednesday.

"The administrators did nothing," Gordon said.

Davenport is suing Ramsey principal Jennifer Colley, assistant principal Maureen Biggs and the parents/guardians of "T.R.", and of another Ramsey student "J.S." The lawsuit alleges that J.S. threatened Davenport's son while the two were in the school cafeteria March 13.

"Threatened to shoot him," Davenport said.

"Sometime thereafter, said he had a knife," Gordon said.

"He showed him the knife," Davenport said. "Showed the other classmates the knife."

"Upon searching his belongings, a knife was found," Gordon said.

But both J.S. and T.R. remain in Ramsey, unpunished, Davenport alleged.

"You have to have control over your children, especially if they've demonstrated this behavior and you're not gonna stop 'em from acting out this behavior again," Gordon said.

Colley and Biggs are being sued in their official capacities. They've referred all questions to Jefferson County Public Schools.

"We're not going to discuss anything related to this suit," a text message from JCPS spokesman Ben Jackey stated Wednesday afternoon.

But Ramsey's practices violate JCPS policy and Kentucky law, Gordon alleged.

"They have combined BD, or behavioral discipline kids, in with Special Needs kids," he said.

The caseload of a special class is based on the disability category of the majority of students served by a teacher and the teacher's certification, according to Terry Ray, JCPS Director of Exceptional Education.

"JCPS follows the Kentucky Administrative Regulations pertaining to case load and class size."

No one answered the doors at the addresses listed as the homes of J.S. and T.R. Neighbors indicated that they knew of no children living there. Neighbors say they know of no children who live there.

"We don't care whose fault it is – as soon as there's a complaint, separate the children," Gordon said. "There should be a 25-foot rule of no contact."

Gordon intends to seek restraining orders from juvenile court. Without such protections Davenport said her son is unlikely to return to Ramsey Middle School.

"His Dad and I probably will have to find a teacher to come in our home and teach him," said Davenport.

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