In an image from the complaint, L.W. is shown with injuries to his face.
CHARLESTON – A Kanawha County woman says her non-verbal special needs son was ignored by an aide during a school bus ride, resulting in self-harming injuries to himself.
Holly Smith, parent of L.W., filed her complaint February 16 in Kanawha Circuit Court against Lisa Smith and the Kanawha County Board of Education. Lisa Smith is an aide at John Adams Middle School in Charleston’s South Hills.
L.W. is a seventh-grade student and was in the Intellectual Disabilities classroom at John Adams this school year. He has significant disabilities, having been formally diagnosed with Level III Autism Spectrum Disorder. He is non-verbal and is self-harming. He is unable to communicate his basic needs through speech. The complaint says he requires consistent hands-on assistance to perform routine daily living activities.
“This has to stop,” attorney Michael Cary told The West Virginia Record. “What happened here should never happen to any child — especially one who cannot speak for himself.
Cary
“As long as this conduct continues, I will continue to stand up, speak out, and fight for these children with every tool the law provides. They are entitled to protection, dignity, and meaningful supervision — not indifference, not excuses, and not silence.
According to the complaint, 36 minutes of surveillance footage from a school bus on September 17 shows 12-year-old L.W. visibly distressed and agitated, emitting loud vocalizations consistent with emotional dysregulation.
“The footage shows L.W. repeatedly striking himself with both hands to the head and face and forcefully driving his knee upward into his own face multiple times,” the complaint states. “These self-injurious behaviors were not momentary or isolated; rather, they persisted for an extended period of time while he remained seated.
“The assigned bus aide, who was seated directly behind L.W. and tasked with supervising him, is visible on the recording but does not physically intervene to prevent or mitigate the ongoing harm. The recording reflects that L.W.’s self-harming conduct continued unchecked for a substantial portion of the bus route, ultimately resulting in significant and observable physical injury.”
The complaint says the video shows Lisa Smith sitting behind L.W., and it says she was responsible for two other students but neither were being disruptive or needing special attention.
In an image from the complaint, bruises on L.W.’s legs are shown.
During the bus ride, L.W.’s actions caused severe facial swelling and bruising, black eyes, swelling and bruising of his left thigh. The injuries were later documented with photographs to show the “physical aftermath of this outrageous assault.”
“Lisa Smith did not once attempt to intervene or protect L.W. from his self-harming behaviors during the 36-minute bus ride,” the complaint states. “Lisa Smith stated aloud, ‘calm down, relax and chill out’ as L.W. continually and repeatedly injured himself.
“Lisa Smith did get up from her seat several times, but never rendered aid to L.W. Numerous children witnessed the horrific event and were concerned for L.W.’s wellbeing.”
The mother sought medical treatment for L.W. at Charleston Area Medical Center Women and Children’s Hospital. Medical records show L.W. sustained significant injuries, including bilateral periorbital bruising, extensive facial swelling, a large contusion to his left knee extending from mid-thigh to below the knee, wrist swelling, petechial hemorrhaging, and a deviated septum, necessitating emergency room treatment, sedation for radiologic evaluation, and referral to a maxillofacial specialist for assessment of a nasal fracture.
On January 21, the West Virginia Department of Human Services, Bureau for Social Services, issued a substantiated finding of maltreatment arising from its investigation into the incident.
The complaint says Lisa Smith denied neglect, saying she was uncertain if physical intervention was permitted. But the DHS said she failed to provide necessary supervision and protection to a vulnerable child in her care.
“Based upon the surveillance evidence, witness statements and medical documentation, the department substantiated maltreatment and determined that child neglect occurred,” the complaint states.
The plaintiffs accuse the defendants of unlawful disability harassment and discrimination in violation of the West Virginia Human Rights Act and negligence. They also accuse the school board of negligent hiring, supervision and retention.
The plaintiffs seek damages for permanent psychological injuries, past and future damages for pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and more. They also seek punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
“Accountability is not optional when a vulnerable child is harmed,” Cary told The Record. “Until real safeguards are put in place and enforced, I will not back down. These children deserve advocates who refuse to look the other way, and I intend to be one of them.”
The plaintiffs are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 26-C-217
