Elk Grove paraeducator slapped 11-year-old student with special needs, lawsuit alleges
A recently filed lawsuit in the Sacramento Superior Court alleges that an Elk Grove Unified School District paraeducator inappropriately restrained and then slapped a special needs student.
The plaintiff is suing on behalf of his son who was 11 years old at the time of the incident. The complaint describes an altercation at Foulks Ranch Elementary School in Elk Grove between the student and his instructional aide, Shannon Bungato.
The complaint alleges the following events: in September 2023, the student broke his pencil out of frustration following a discussion with other students. When he walked to the front of the classroom to tape the pencil back together, Bungato restrained the student. After the student verbally protested the method of restraint, Bungato slapped the student across the face.
Following the incident, the complaint alleges that the parents were not notified of the incident and that the student was denied immediate medical attention.
The student is a special education student whose Individualized Education Plan guarantees him a one-to-one instructional aide to assist him at all times throughout the school day because of his attention deficit disorder and speech delay.
The complaint does not provide detail on the type of restraint used by the paraeducator, but improper restraint of special education students has resulted in injury or death. In 2018, 13-year-old Max Benson died after three employees at an El Dorado County private school placed him in a face-down prone position for two hours. Teachers and instructional aides are given training on how and when to use restraint techniques to avoid injury and trauma to children.
The plaintiffs are seeking damages exceeding $25,000 for physical injury and emotional distress.
In addition to damages related to the incident, the plaintiffs are also seeking judgments against the school district and the Sacramento County Office of Education for failing to act on an insurance claim within 45 days, resulting in rejection.
The district did not immediately respond to inquiry about Bungato’s employment status. . She was an employee at the district since at least 2012, according to Open Payroll salary records.
Neither Bungato nor the plaintiff’s family have returned a request for comment.
