Autistic student's leg broken allegedly by asst. dean

March 23, 2011 8:21:53 PM PDT
An autistic teenager got in a scuffle at school with other students, but was suddenly, according to his family, body-slammed by a school administrator.

Brian Shane's left leg is broken in several places.

"He landed on my leg and it snapped," Shane said.

And his parents' confidence in New York City schools has been shattered as well.

Two days after an assistant dean at South Richmond High School on Staten Island allegedly body slammed their son.

"First of all, he shouldn't have been touching my son. There's no reason for him to touch my son," said David Shane, Brian's father.

But they say that's exactly what happened on Monday.

During a gym class at the high school, the mildly autistic 15-year-old says two other students in his class started slapping him and pushing him.

Although he admits fighting back, he says he doesn't understand why the assistant dean intervened.

"The dean picked me up and slammed me to the ground," Shane said.

The 10th grader was transported to the hospital and a cast was put on his leg.

He'll also have to undergo surgery, while his parents and the family attorney take on the school district in court.

They're planning a $5 million lawsuit.

"There's really no excuse for what the teacher did here. We send our kids to school to be educated and to be safe, not to be body slammed like pro wrestlers," said Jonathan D'Agostino, the family's attorney.

Eyewitness News wanted to get the school's side of this and hear from the Department of Education, but they told Eyewitness News they couldn't comment because the case was under investigation.

"There's no reason for a child to go to school and wonder, 'Am I going to come home?'," David Shane said.

The Shane family says that this is the fifth time their son has been bullied or injured in an incident at the school.

They say they've asked the district numerous times before for a safety transfer.

But, they say they've been denied every time and reassured their son would be safe.