The Miseducation of Florida No. 1: Teacher Throws Metal Chair at Disabled Student

By Brandon K. Thorp Mon., Mar. 14 2011 at 5:00 AM

A teaching tool.

In 2007, middle schooler Michael Teich was unwell. Teich, who is severely autistic, would return from his days at Coconut Creek's Monarch High School disconsolate and hurt -- with "obvious signs of trauma to his eyes and other body parts," as subsequent legal documents would claim. One day in December, the teacher assigned to supervise Michael throughout the day, Ms. Talia Sabo, allegedly attacked the child with a metal chair while escorting him to gym class. Michael "cowered" and tried to escape, but Ms. Sabo pursued him, and threw the chair in his direction. Teich was hit. Ms. Sabo then allegedly emptied the contents of Michael's backpack into a garbage can, breaking a CD player he had received as a reward for good behavior.

Teich's parents dragged the school district into court, claiming Michael received regular physical and emotional abuse from his teacher. In 2010, Teich's family settled out of court with the school district for $25,000 -- a third of which was eaten up by lawyer's fees.

Now, the Teichs' state-supplied guardian ad-litem, Matthew Scott, has decided that $25,000 was woefully inadequate. "The settlement reached in this case is not in Michael's best interests," wrote Scott in his report. "I think $25,000 was far too low... I think the settlement was reached at mediation due to duress, rather than a cleareyed decision to settle by Michael's parents." Scott also noted that Michael has been diagnosed with post-traumatic stress disorder and that the Teichs' remaining portion of the $25,000 would barely begin to cover treatment. The Teichs began this month prepared to reenter court with a new lawyer, Paul Sopp.

If a second settlement is reached, the financial outcome could be very different for the Teichs. As it happens, Sabo is hardly the first Floridian teacher accused of abusing an autistic student. In 2008, a Palm Beach County teacher named Wendy Portillo was relieved of duties for a year after having an autistic child, Alex Barton, voted out of his kindergarten class, Survivor-style. Before ejecting the boy, Portillo gave his classmates a chance to explain why they didn't like him. The school district continued to pay Portillo's salary during her leave and paid for her legal defense as well. The Bartons were awarded nearly half a million dollars in settlement -- and their child wasn't even attacked with furniture.

Update: This story has been updated to correct the name of the Teichs' new lawyer, Paul Sopp. Previously, I identified the lawyer as "Leo Plasencia, a veritable tiger of a man whose own son has Aspergers' Syndrome." In fact, Plasencia has done work on the case, but Mr. Sopp is the lead counsel. - BKT

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Tags:

Autism, Melissa Barton, Michael Treich, Talia Amy Sabo, Wendy Portillo

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CSMcDonald

And what happened with the teacher who allegedly did the chair throwing and abuse? These stories are part of the reason that people feel that the system is failing the children and the taxpayers.

KennyPowersSays

Why are special needs individuals in the general public school population?

shocked

What are you kidding me? Because they have the same rights under the constitution as anyone else. You know that little bit about all of us being equal. So did you understand that to mean just the people who look think and vote like you are entitled to a free and appropriate education? You got an education with your limited intelligence. Perhaps you think people of color and lower cognitive ability should go to separate schools? I find your comment ablelistic and ignorant and wonder why this country waste money educating bullies and people who choose to live in ignorance.

KennyPowersSays

So you have decided to insult me in person. No where in the "constitution"does it grant anyone or everyone the right to a public education. Would youlike to direct me to the part where you misinterpreted that "right"? Ratherthan engage in a civil debate, you have decided insults and invalidassumptions is the direction to go. BTW go fornicate yourself.

Abc

That would make sense then. Thanks.

Abc

How do you know that 1/3 of the settlement was "eaten up by lawyer's fees" ?

Brandon K. Thorp

Hey! Thanks for reading. From the original settlement:

1. On August 5, 2010, Plaintiff settled with the Defendant for the gross total oftwenty-five thousand dollars ($25,000). The amount of sixteen thousand sixhundred and sixty-six dollars and 67 cents ($16,666.67) is designated ascompensatory damages, and the amount of eight thousand three hundred and thirty-three dollars and thirty-three cents ($8,333.33) is designated as attorneys’fees.

Danke,- BKT