Attorneys representing Brendan Depa, a hulking autistic teenager from Flagler County, Florida, have filed a petition against the Flagler County School District, blaming them for failing to address Depa’s escalating aggression prior to a brutal assault on his teacher’s aid. The attack, which occurred in February 2023, left paraprofessional Joan Naydich with severe injuries, including five broken ribs, a severe concussion, and hearing loss. Depa, who pleaded no contest to the assault, now faces up to 30 years in prison.
According to the petition obtained by Flagler Live, Depa’s legal team argues that the school district committed a series of violations that resulted in “significant harm” to the disabled teenager. They claim that the district should be held accountable for their failures, which they believe have forever altered Depa’s life trajectory. The Flagler County district has not yet responded to requests for comment.
The petition provides a detailed history of Depa’s aggression, stemming from his diagnosed emotional behavioral disorder, intermittent explosive disorder, mood disorder, ADHD, and autism spectrum disorder. Matanzas High School administrators had determined that Depa was eligible for an individualized education plan (IEP) and had connected him with a board-certified behavior analyst. This analyst confirmed that Depa had previously attempted to assault staff and students and had a tendency to break property when upset.
Despite disciplinary actions taken against Depa for his aggressive and violent behavior, including spitting on a student, making threats, leaving class without permission, and grabbing a female employee, he was not placed in a restrictive environment. The petition argues that the school failed to properly address his misconduct, allowing him to escalate until the incident where Naydich was harmed and Depa was arrested.
Depa’s attorneys also claim that Naydich played a role in her own assault, alleging that a verbal altercation in the classroom triggered the attack. They assert that Naydich threatened to take away Depa’s Nintendo Switch, which she knew would provoke him. Naydich denies this allegation. The confrontation escalated when Depa spat on Naydich, prompting her to leave the classroom to report the assault. Depa followed her and launched the brutal attack.
Depa’s legal team is seeking “compensatory education” and payment for his placement in a behavioral therapeutic school for students with severe disorders, along with attorney fees. They also argue that the district failed to provide Depa with education while he was incarcerated.
3 Responses
I can relate to the challenges faced by Brendan Depa and his family as they navigate the education system while dealing with autism. My younger brother is also on the autism spectrum, and we have faced similar struggles in ensuring that he receives the appropriate support and accommodations in school.
One incident that stands out in my mind is when my brother had a meltdown at school due to sensory overload. The school staff were not properly trained to handle such situations, and instead of providing him with a calm and supportive environment,
As an attorney myself, I understand the importance of finding the right legal representation in cases like these. If you or someone you know is in a similar situation and needs assistance with special education law or advocating for the rights of individuals with disabilities, I highly recommend reaching out to the Disability Rights Legal Center (DRLC). They have a team of experienced attorneys who specialize in disability law and can provide guidance and support throughout the legal process. It’s crucial to have knowledgeable professionals by your side to ensure that
As a blog commenter, I would like to express my concern for Brendan Depa and his situation. It is disheartening to hear about incidents like this, especially when it involves a vulnerable individual with special needs. In light of this, my personal goal would be to raise awareness about the importance of providing appropriate support and intervention for students with autism or other disabilities.
I believe it is crucial for schools and educational institutions to have comprehensive programs in place to address the unique needs of students like Brendan. My