Dec 09, 2025
A Pasco County mother has filed a lawsuit against the Pasco County School Board after being denied access to video footage showing what happened to her son with special needs on a school bus.Gretchen Stewart has filed a lawsuit in excess of $50,000 against the Pasco County School Board, demanding a jury trial in her fight to see the video of an incident involving her son, Ian, who has Down syndrome and autism.Watch full report from Kylie McGivern Mother files lawsuit against school boardRecords the Tampa Bay 28 I-Team obtained earlier this year from the Pasco Sheriff's Office revealed that a now-former bus assistant slapped Ian. While school employees and a deputy have viewed the video, Stewart was told she cannot see it unless she signs away her rights.'I want to see the video': Pasco County mom wants answers after school employee slaps son with special needs'I want an answer': Lawmaker pushes for transparency for parents of children with special needs"It makes me ask a lot of questions, and the district's continued denial in letting me see what happened to my child makes all of those questions more intense," Stewart said.Stewart, who has spent her career working in special education, serves as an advocate and voice for Ian, who communicates with assistive technology."I want to see the video, and my only recourse, I felt, was to seek legal help," Stewart said.When Stewart requested to see the video, the school district denied her access, stating the video "has been made a part of our risk management file in the anticipation of litigation, and is thereby not subject to public disclosure." The district also cited a state statute related to school security as another reason for denial. "They told me flat out, no, you can't see the video," Stewart said.The district later provided Stewart with an email describing the incident. According to the description, Ian attempted to kiss the bus aide's hand, which Stewart said made sense because "he is very affectionate.""When he went to do that to the bus aide, the bus aide open-hand slapped him in the face and called him a very ugly string of cuss words," Stewart said.The lawsuit alleges negligence, vicarious liability and a violation of the Florida Equity in Education Act, which prohibits disability discrimination in education.Body camera video the I-Team obtained from the Pasco Sheriff's Office shows the school district's transportation services supervisor telling deputies this was not the first incident involving the bus assistant putting his hands on a student.'This is not the first time': Body cam reveals concerns with employee who slapped student with special needsRecords show the bus assistant resigned four days after the incident with Ian, citing "retirement" as the reason for his immediate departure.Personnel files revealed the same bus assistant had previously put his hands on a different child. A manager wrote to the assistant that "the video shows the student hitting and pushing you and you returning the same actions to the student." The district offered additional training at that time, which occurred less than three months before the incident with Ian.Body camera footage revealed details about additional incidents involving the now-former bus assistant. A school official told deputies that since January, there had been "two other incidences with him where he put his hands on kids.""It eats me to my core because you don't ever put your hands on a kid. Ever ever. Ever ever," the school official said in the recording.According to the incident report, the bus assistant initially could not determine what incident the responding deputy was referring to and only remembered after being shown the video. The assistant stated that after telling Ian to sit down, "he tried to bite me, so I pushed him off." Despite the district's own incident report stating a bus assistant slapped a student in the face, the deputy recommended the case be unfounded. The Pasco Sheriff's Office said there was no criminal intent.The lawsuit includes new allegations that the bus assistant "has not received sufficient specialized training which would qualify him to work with special needs students" like Ian, and that the school board "never provided" the assistant "with a copy of Ian Stewart's individualized education plan or educated him regarding Ian Stewart's behaviors."Pasco County Schools has not agreed to an interview to discuss these issues. In a previous statement, the district said "the safety of our students is our first priority" and "any allegation made related to a potential violation of the law or student safety is immediately reported to law enforcement."The I-Team contacted Pasco County Schools after the lawsuit was filed and has not yet heard back.Read lawsuit Lawsuit against Pasco County School Board by Tampa Bay 28 ...read more read less
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