ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, January 15, 1997 TAG: 9701150054
SECTION: VIRGINIA PAGE: C-1 EDITION: NEW RIVER VALLEY
SOURCE: DIANE STRUZZI STAFF WRITER
MEMO: NOTE: Shorter version ran in Metro edition.
A former Roanoke County teacher's aide pleaded guilty Tuesday to assaulting a special education student in his care. The plea was part of an agreement that eliminated any possibility of jail time.
John Peters resigned from his position at William Byrd Middle School a day after several school employees told administrators they heard Peters slap the student in a bathroom. Some of those employees said they had seen marks on the child after the incident, which occurred in March 1996.
The 14-year-old student, Dustin Chewning, has cerebral palsy. He cannot communicate verbally and has problems with mobility.
In October, a Roanoke County juvenile judge convicted Peters of misdemeanor assault and battery and sentenced him to 30 days in jail. He appealed that decision to Circuit Court.
On Tuesday, Peters decided to plead guilty because of the "stress and strain it put on his family," said his attorney, Mac Chambers.
"All along, [Peters] has admitted to tapping [Chewning] on the buttocks but not on the face," Chambers said. "All along, he's admitted it was used as an attention-getter, that it was not done out of frustration or anger."
As part of the agreement, Roanoke County Commonwealth's Attorney Skip Burkart recommended that Peters not serve jail time but perform 100 hours of community service. Peters cannot work with children to fulfill that part of his sentence. He also must pay a $250 fine and have no contact with Chewning or his family.
County School Board member Tom Leggette attended Tuesday's hearing and said he learned new details about the case. For instance, he said, he was unaware that school employees had testified they had seen marks on the student's face and leg. He said he plans to review the transcript of the Juvenile Court hearing and "look into" the case.
But it is unclear if further litigation is likely. Chewning's parents are working with a lawyer who specializes in special education issues. They declined to comment after Tuesday's hearing.
The case has rallied parents of special education students in Roanoke County schools, some of whom complain that the care of their children and the training of aides are inadequate. Some parents also questioned why school officials did not contact the Department of Social Services immediately after they learned of the incident.
School officials contended that Peters' act was an approved use of corporal punishment. Peters has testified he only "tapped" Chewning to stop him from smearing feces on himself. Because they did not believe it was abuse, officials said, they were not required to file a complaint with social services.
By law, school employees must report suspected child abuse to social services within 72 hours.
School policy since the incident has changed. Superintendent Deanna Gordon instructed her administrators last summer to report any form of corporal punishment directly to social services.
LENGTH: Medium: 59 linesby CNB