An Omaha School teacher named as a defendant in a federal lawsuit alleging bullying against a student with special needs has resigned from the district.
The Harrison Daily Times reports Omaha Superintendent Jacob Sherwood said he didnt think fifth and sixth grade teacher Dawn Dillons resignation had anything to do with the lawsuit, but that she was looking for an opportunity to grow.
The Omaha School Board met in special session last week and accepted Dillons resignation.
Dillon, Sherwood and principal Amanda Green were named as separate defendants in the federal suit filed by Chad and Tonya Richardson, parents of a male child identified in the suit only as L.
According to the suit, L was diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD) and Depressive Disorder. It says he was diagnosed with autism in the first grade and placed in special education.
The suit claims L. attended Omaha Elementary School from first grade through sixth grade until he could no longer attend school and his severe anxieties prevented him from attending school altogether.
The suit alleges as L became older, his disability and deficits became more noticeable to his peers who began to call L names and mock his disability behaviors and deficits.
Due to his disabilities, L was usually unable to verbalize what was happening to him, and he was allegedly labeled as a tattletale when he did make attempts to call it to attention of staff.
In late March, U.S. District Judge Timothy L. Brooks issued an order dismissing seven of the nine counts in the Richardsons lawsuit. One count was for a request attorneys fee, which could be refiled later, but the other six counts were the only ones naming Dillon, Sherwood and Green as defendants and those counts cannot be refiled.
The remaining counts in the suit allege the district discriminated against L in violation of the federal Rehabilitation Act and the Americans with Disabilities Act.
A settlement conference was set for last week in front of U.S. Magistrate Judge Erin L. Wiedemann in Fayetteville. Court records show the results of the conference would remain confidential.
Sherwood told the Daily Times Dillon had been with the district for 10 years and will be dearly missed.
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