Two lawsuits accuse Urbandale educators of mistreating a profoundly disabled 7-year-old and concealing what happened from his parents.
They also allege the teacher who reported the misconduct to administrators experienced retaliation and was unjustly fired.
The lawsuits, filed in July, center on a May 2023 incident at Webster Elementary School. The child, identified in court filings by his initials, has including epilepsy, autism and intellectual and developmental delays, according to the complaints. He is nonverbal and, when stressed, is prone to bang his head against walls and other surfaces.
According to the first lawsuit, brought by his mother, Paige Petek, he attended first grade at Webster with an education and safety plan that included techniques to sooth him if he became overwhelmed. It also called for a teacher or aide to remain nearby at all times with a foam pad to prevent him from injuring himself.
On May 24, 2023, the school had an outdoor field day, during which Petek’s son became overwhelmed. Rather than follow the child’s safety plan, she alleges, a special education teacher accused him of misbehaving, insisted he participate, and told him to “use (his) words” despite his inability to speak.
Instead the boy returned to the building, crying, crawling and banging his head against the floor and walls. Surveillance video shows the teacher refusing to intervene or protect his head, even directing an education associate to back away and not “give in” to the child’s distress, the suit says. Instead, the teacher used her feet to push the boy down the hallways, the video allegedly shows.
Alleged coverup leads to termination, teacher claims
According to Petek, a second teacher, Amanda Delzell, learned what had happened and reported it to her principal the next day. The teacher who had allegedly kicked the child was placed on leave pending an investigation. Despite this, Petek says, she was falsely told only that her son had torn open a scab on one ear, and it was not until a week later that another school employee told the parents what had occurred.
In addition to physical injuries her son sustained, Petek said, he showed increased signs of emotional distress in the wake of the field day, a setback to what she said was “substantial progress” in his ability to communicate prior to the incident. He was later forced to change schools, causing further disruption.
Delzell, who is also suing the district, alleges in her complaint that she was repeatedly told not to talk to the child’s parents, and that her principal at one point said her goal was “not to become a story on KCCI.” Delzell denies telling the parents what happened, although she says she supported the coworker who did. Nonetheless, she says, administrators accused her of being the leaker and formally reprimanded her.
Only when she learned the child would be working with the same teacher, who was back from leave without any known disciplinary action, did Delzell share what she’d seen with the parents, as well as making reports to Urbandale police and the Iowa Board of Educational Examiners.
In the ensuing year, she claims, she repeatedly faced unfounded complaints and rumors from administrators, culminating in what she says were false accusations of sexual harassment, bullying and child sex abuse and her firing in April 2024. A Board of Educational Examiners complaint that was formally dismissed by the state in June 2026. Prior to her reporting of the field day incident, Delzell says, she had an exemplary employment record.
District spokeswoman Dena Claire said in a statement that “while we cannot comment on pending litigation, we remain dedicated to cultivating a safe, caring, and supportive learning environment for all students and staff.”
Petek, through her attorney Alison Kanne, described “a long and emotional journey for our family” and said they have sought to prioritize their son’s education, safety and well-being.
“We hope our experience helps raise awareness and encourages better education, support, and advocacy for families of children with special needs,” she said. “Ultimately, we are seeking accountability, meaningful change, and assurance that all children, especially the most vulnerable, are provided a safe educational environment where their rights are protected.”
Delzell whom Kanne also represents, said she is proud of her actions and “hopes that this lawsuit will help teachers feel empowered to do the right thing when they see something wrong happening at school, especially to our most vulnerable population of disabled youth.”
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Lawsuits claim abuse of disabled boy at Urbandale school covered up
Reporting by William Morris, Des Moines Register / Des Moines Register
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By William Morris, Des Moines Register | USA TODAY Network
