Autistic teen who knocked teacher's aide unconscious was ticking time bomb but school did nothing to help
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MATANZAS, FLORIDA: An autistic Florida teen, Brendan Depa, is at the center of a legal battle against his school district, alleging "failure to address his needs," culminating in a violent attack captured on video.
Depa, 18, described as a ticking time bomb, made headlines when footage showed him assaulting teacher's aide, Joan Naydich, at Matanzas High School after she attempted to confiscate his Nintendo Switch. Depa was 17 at the time of the assault.
Brendan Depa sues Florida school district
Depa faces serious legal consequences, having been charged as an adult with aggravated battery on a school employee, a charge carrying a potential 30-year sentence. However, his legal team has filed a request for a due process hearing under the Individuals with Disabilities Education Act, aiming to hold Flagler County Public Schools accountable for their alleged failure to prevent the incident.
According to court documents, Depa's attorneys argue that the school was aware of his "disabilities, triggers and problem behaviors," yet failed to provide adequate support. Despite previous disciplinary actions for incidents like spitting and shoving an aide, the school reportedly neglected to address his specific needs.
JUST IN: Florida teen who beat a teacher unconscious for taking away his Nintendo has pleaded guilty to the felony charge against him.
— Collin Rugg (@CollinRugg) November 1, 2023
Brendan Depa faces up to 30 years in prison for the brutal beating. His sentence will be determined in January.
The teacher Joan Naydich is… pic.twitter.com/cITJlW82dD
"It should be noted that the school and staff working with him and the district knew that the electronics, specifically the Nintendo and its use on a school campus was a trigger for escalating behaviors," the filing stated, reported the Daily Mail.
Brendan Depa claims school failed to meet his educational needs
The court filing asserts that the school's disregard for Depa's needs contributed to the violent incident. The altercation began when he was reprimanded in front of his peers and denied his electronic device, leading to a confrontation with Naydich, who suffered serious injuries in the assault.
Depa's legal team placed the blame on Naydich contending that her actions deviated from the prescribed interventions outlined in Depa's Individualized Education Program (IEP). They argue that her failure to follow protocol put her in a dangerous situation, resulting in severe injuries.
The court documents also highlight Depa's history of "trauma and mental health issues," emphasizing the need for specialized support and education tailored to his circumstances. His lawyers request compensatory education and placement in a behavioral therapeutic school, funded by the district, along with reimbursement for related expenses.
Joan Naydich's world turned 'upside down' after violent attack
As Depa awaits sentencing, scheduled for May 1, Naydich has spoken out about the attack's aftermath, describing its profound impact has turned her life "upside down." The hulk teen kicked her while she lay unconscious and punched her head more than twelve times as she was on the floor.
She alleged that the boy hurled insults at her, referring to her as 'b****' and 'w****' as she was getting ready to exit the room, then spat in her face and rendered her unconscious. Despite returning to work for the district, the mother of two claims to have received an "ultimatum" to do so or resign, suggesting ongoing tensions surrounding the incident.