No criminal charges for Freeport aide accused of abuse

FREEPORT — The State Attorney's Office announced Monday it will not pursue criminal charges for a teacher's aide accused of child abuse at Freeport High School.

In February, the Walton County Sheriff's Office, in addition to the State Attorney's Office, began investigating the aide after a special needs student accused her of flipping over a desk while she was seated in it.

The teacher's aide, according to a press release from the State Attorney's Office, was accused of using improper physical force on more than one occasion against special needs students. One of the main complaints was that the aide grabbed a student's arm to pull him out of a chair.

The accusations caused parents of 10 special needs students to pull their children from Freeport High School while the investigation was ongoing. Other students at the school held a walkout during a lunch period to protest the alleged abuse. Several students received detention for skipping class.

The State Attorney's Office said, based upon review, there was insufficient evidence and the teacher's actions did not rise to the level of a criminal violation.

Under Florida Law, the press release said, a teacher stands in loco parentis (in the place of a parent) for students in their classroom.

"The law permits the use of reasonable physical punishment in the administration of discipline by persons with authority over a child," the press release said. "This authority extends specifically to teachers and school personnel acting in loco parentis, negating their potential liability for committing a criminal act."

The State Attorney's Office said in order to proceed in the case, the state must prove the actions of the teacher's aide caused the intentional infliction of physical or mental injury to a child or could be reasonably expected to cause such injury.

"The facts are insufficient to prove these elements beyond a reasonable doubt. At best, the evidence would establish that the teacher used a level of physical contact which is permitted under the theory of in loco parentis."

No criminal action, though, will be taken against the teacher's aide.

The State Attorney's decision, however, does not affect the Walton County School District's ability to pursue appropriate disciplinary actions.