The article discusses the case of Brendan Depa, a Florida high school student with autism who allegedly violently attacked a teacher’s aide over a Nintendo game. Depa has filed a lawsuit against the Flagler County Public Schools, accusing the district of failing to address his behavioral issues and meet his needs that ultimately led to the attack. The incident, caught on video and circulated widely, showed Depa pushing, kicking, and punching the teacher’s aide, causing severe injuries. The lawsuit alleges that the school failed to implement proper behavioral plans and interventions to address Depa’s disabilities, including autism spectrum disorder and communication deficits.
According to the lawsuit, efforts to address Depa’s social and pragmatic language deficits were insufficient, leading to incidents like verbal threats, spitting at students, and expressing violent tendencies. The suit claims that if these issues had been addressed in real-time, the violent attack could have been prevented. The incident occurred after Depa was denied permission to use a Nintendo Switch console, which was known to trigger his behaviors. The lawsuit accuses the school of failing to adequately address his needs and address potential triggers that could escalate his actions.
Depa has requested a due process hearing under the Individuals with Disabilities Education Act, seeking a determination that the actions of the Flagler County Public Schools contributed to the violent incident. The district, however, has declined to comment on the complaint. Depa, who is being charged as an adult, has pleaded no contest to a first-degree felony charge of aggravated battery on an education employee, which could carry a sentence of up to 30 years in prison. His sentencing is scheduled for May 1, 2023. The teacher’s aide, Joan Naydich, has denied taking the Nintendo Switch from Depa, suggesting that another staff member’s actions may have triggered the attack.
In addition to physical injuries, Naydich has faced financial and emotional challenges since the incident, including cognitive difficulties that she believes will impact her for the rest of her life. She was granted a permanent injunction for protection against repeated violence by Depa in March 2023. Court records show that Depa has a history of misdemeanor battery charges in Hillsborough County, for which he completed a program within the Department of Juvenile Justice. The lawsuit highlights the failures of the school district to address Depa’s needs and provide appropriate interventions to prevent violent incidents like the attack on the teacher’s aide.
Overall, the article sheds light on the complex issues surrounding students with disabilities in the education system and the challenges faced by schools in addressing their needs. The case of Brendan Depa underscores the importance of implementing proper behavioral plans and interventions for students with disabilities to prevent incidents of violence and ensure the safety of staff and students. The lawsuit against the Flagler County Public Schools aims to hold the district accountable for its alleged failures in addressing Depa’s needs, leading to the life-altering incident that occurred at Matanzas High School in Palm Coast.
