Legal papers filed against the West Hempstead Union Free School District reveal new allegations of physical abuse by a former special education teacher, one month after
News 12 first reported the district sent letters home to parents notifying them that it had launched its own investigation.
The Notice of Claim submitted on Monday is a requirement before someone can bring a formal lawsuit against a public entity.
The family of a Cornwell Avenue Elementary School student claims special education teacher John O'Dwyer subjected their son and other students to physical and emotional abuse in his second grade classroom between 2023 and 2024.
Attorney Nathan Werksman said the filing represents one of five families who had kids in O'Dwyer's class all making similar claims.
"Kids being in dark closets with the door being held closed until the kids screamed to get out, there's allegations of kids being grabbed by the neck and being dragged to the ground, kids being hit on the head with textbooks and kids being palmed with the teacher's hand who would press into their heads painfully," Werksman said.
Parents of the child who filed the legal notice said the student suffered physical pain, psychological abuse, fear, shame, humiliation, anxiety and post-traumatic stress disorder.
"All kids deserve a safe and joyous environment to go to school but particularly special needs kids who need our support more than anyone else," Werksman said.
"That is sadistic and disturbing," Werksman said.
The family claims the district was aware of the abuse but never did anything to stop it.
"What we've alleged is that the West Hempstead Union Free School District was making these parents feel like that, one, their concerns were not valid, or two, there was something wrong with their kids," Werksman said.
The family at the center of this particular Notice of Claim seeks $22 million from the district to settle and avoid filing a formal lawsuit.
Last month, a parent of an alleged student victim
provided News 12 with a letter sent to them by the district dated Feb. 28, confirming the district opened up a case of alleged child abuse in an educational setting.
That parent claimed O'Dwyer hit their child with his fist, a ruler and other classroom objects last year. The parent said their son was one of several young student victims.
A spokesperson for the West Hempstead Union Free School District told News 12 it does not comment on matters pertaining to litigation.
They referred News 12 to a statement sent out on March 6 that News 12 previously reported: "The district is aware of these allegations and has taken all appropriate steps in reporting the claims to the necessary agencies."
Last month, a spokesperson told News 12 the teacher had not worked in the district since last year.
A district spokesperson also forwarded News 12 a March 6 letter to the community from West Hempstead Superintendent of Schools Daniel Rehman.
As I have stated previously, there is no greater priority for our district than the health, safety and welfare of our students. To that point, I am writing to inform you that the district has taken all appropriate steps as part of an investigation into a former employee of the district. We are aware of alleged incidents that have occurred and remain committed to ensuring that they are taken extremely seriously and are fully investigated.
While we are unable to provide details, I can assure you that when we learned of these allegations involving this former employee last week, we immediately contacted local law enforcement and filed the appropriate reports with the New York State Education Department.
While the individual in question is no longer employed by our district, per New York State law, we are unable to provide further comment, as this is a personnel matter. As a parent myself, I understand this will be frustrating for our school community. Please know that we are fully committed to transparency within the bounds of the law and to maintaining a safe and supportive learning environment for all students.