
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, February 16, 1995                   TAG: 9502160053
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE:                                 LENGTH: Medium

SCHOOL-DISCIPLINE SUIT DISMISSED

A federal judge has dismissed a $1million lawsuit filed against the Botetourt County School Board by a mother who alleged that her disabled son was the victim of abusive discipline techniques.

Brenda Fay Pullen claimed in a lawsuit filed in September that a special education teacher and aide used discipline techniques that included slapping children in the mouth, pulling them by their ears, threatening them with a ruler and squirting water in their faces.

U.S. District Judge Samuel Wilson ruled that the family could not file suit because it had not exhausted all administrative remedies available through the school system.

Pullen said Wednesday that she will follow the judge's order to try to reach a solution with school officials, but that it's possible the family could file another lawsuit.

"If we're not satisfied, then we are going to continue pursuing it," she said. "I'm not giving up."

Pullen's suit was filed on behalf of her 6-year-old son, Howard Wyatt Pullen, who has cerebral palsy.

The suit was almost identical to two other suits filed in 1994. Both of those suits were settled in June when Botetourt school officials agreed to pay $30,000 each to two families.

Unlike Pullen, those families tried to negotiate a solution with the schools before they filed federal lawsuits.

Pullen's son attended a special education program at Breckinridge Elementary School in Fincastle, where Pullen says he was abused, from 1990-1994. He now attends another school in Botetourt County.

In addition to $1million in damages, Pullen's suit asked the court to prohibit Botetourt County schools from using abusive discipline techniques.

The settlements in the other two suits, filed by Ann Austin and Joy Parrish, required the school system to develop guidelines for dealing with disabled children. The settlements say students enrolled in the county's special education program can't be subjected to different behavior control than other students without a written agreement among the parents, teacher and principal.

by CNB