Lawsuit alleges Reynoldsburg schools lost nonverbal student, 6, for five hours

REYNOLDSBURG, Ohio (WCMH) -- Reynoldsburg City Schools has been sued by a student's family who allege the district left their nonverbal 6-year-old alone and unaccounted for for five hours.

According to court documents, a student with autism was placed on the bus to Reynoldsburg's afternoon preschool on Feb. 16, 2023. However, his family alleges he was never taken off the bus, escalating to a missing persons report until he was found strapped into his seat on a different bus. Further, the family alleges they were treated differently after the incident because they are Nepali immigrants and required an interpreter when speaking with the district.

According to court documents, the child was allegedly placed on a bus at about 12:49 p.m. The student had an Individualized Education Plan because he has autism and is nonverbal, which detailed his transportation needs, including accommodations for the bus like the use of a "securement system." It also required regular supervision for the student's safety.

The student's parents say they saw staff secure their student into his harness on the bus that day. However, they allege the district later told them an unknown preschool teacher told the bus driver of a different bus, which was scheduled to take the student home, that the student in question was absent that day.

The student's parents allege their child did not arrive home at the expected time, 4:30 p.m., and they had received no word about a delay from the district, which they said was unusual. One of the parents drove to the school but was told no one was left in the building and that they should go home and wait for the bus, according to court documents. When the student still had not returned without a word by 5:10 p.m., the parents reported their child missing to Reynoldsburg police.

The responding officer was at the parents' home around 5:40 p.m. when she received a radio call that the student was on the other bus and headed home, per court documents. The parents allege they are unsure how the other officer learned their student's whereabouts, but the student was returned safely around 5:49 p.m.

A call for service record from Reynoldsburg police confirms the student was reported missing at that date and time, although a formal police report was not taken, seemingly because the child was found safely within the hour.

It is still unclear where the child was during these five hours, as the police record, district and lawsuit do not have an answer, and the student is unable to share details. According to court documents, the parents arranged a meeting with the district, but it was allegedly canceled without explanation.

The parents have requested a full investigation and a copy of the video of the bus multiple times, and allege district staff said they would get them the video, but never did. Court documents assert the parents have never gotten any investigative records and that the video was eventually deleted.

The student has since been pulled from Reynoldsburg schools, and both the child and parents have reportedly suffered after the incident. Court documents state the student began having outbursts and tantrums after that day and the parents said they lost wages and were discriminated against in how they were treated during any investigation.

The family is suing on nine counts, including violations of laws that promise equal treatment and the right to attend school regardless of language, ability or nationality:

• One count of violating Title VI of the Civil Rights Act
• One count of violating the Equal Protection Clause of the Fourteenth Amendment
• One count of violating of the Right to Bodily Integrity in the Fourth and Fourteenth Amendments
• One count of violating the Americans with Disabilities Act
• One count of violating the Rehabilitation Act
• One count of intentional infliction of emotional distress
• One count of assault
• One count of negligent supervision of a student
• One count of spoilation of evidence

"We are unable to comment on ongoing litigation," a Reynoldsburg schools spokesperson said. "However, we reaffirm our commitment to providing a safe learning environment that is conducive to student success."