TAMPA, Fla. — A Hillsborough County family whose nonverbal autistic son was allegedly struck by a school bus aide is now suing the county School Board in Tampa, arguing the district fell short in how it hired, trained and watched over the man assigned to keep children safe on the ride home.
The suit landed Wednesday. It seeks damages above $50,000 and asks that a jury hear every claim. The family lists negligence along with negligent hiring, negligent retention and negligent supervision, and it argues district leaders had, or ought to have had, warning signs about the aide both before he was hired and while he worked.
The incident dates to Jan. 9. That afternoon the Hillsborough County Sheriff’s Office was called to Cypress Creek Elementary School about possible child abuse. Investigators said the aide, who was 79, hit the boy, then 9, on top of the hand and also used his own hat to slap the child on the face during the bus trip. Deputies arrested him on one child abuse count. The State Attorney’s Office later decided against filing charges once its review was done.
District officials said at the time that the aide had been a bus attendant since 2020 without a single prior complaint, that he was pulled off the job right away, and he was later let go. Asked about the new suit, the board declined to talk about a case that is still in court.
Florida law lets residents sue school boards and other public bodies, but only within limits set by statute. Payouts on a claim by one person are generally held to $200,000, and claims tied to a single incident are generally held to $300,000 in total. State law also gives an employer a presumption that it hired carefully if it ran a qualifying background check that turned up nothing disqualifying.
The boy is now 10 and in the fifth grade, according to the complaint filing.
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