Lawsuit claiming teacher abused Gaston County autistic students settled for $675K

A lawsuit accusing a Gaston County special education teacher of physically abusing three autistic students has been settled before trial for $675,000.

The families of the students at McAdenville Elementary School in Cramerton each received a third of the settlement amount -- minus legal fees -- which will be paid by the schools' insurance carrier, according to documents in the case.

Their 2020 complaint accused former McAdenville special education teacher Penny Pope Barker of abusing children as young as 5 in her classroom in early 2017.

It also alleged that members of the Gaston County Board of Education took part in a conspiracy to hide "the gross failures of student safety and human decency taking place at their school" from police and other authorities.

Raleigh attorneys Daniel Clark and Deborah Stagner, who represented the school board in the lawsuit, did not respond to an Observer email seeking comment. Nor did Barker's attorney, Grainger Pierce of Charlotte.

The families' lawsuit had accused Barker of multiple offenses, including assault and battery as well as violations of the children's constitutional protections.

In one case, Barker took a stuffed animal that student "K.G." had dropped on the school's icy playground and squeezed it over the 5-year-old's head, soaking him with the frigid water then refusing to let him change clothes, the lawsuit said.

In a separate incident, Barker grabbed student "C.A." by the ears and lifted him off the ground, leaving the 6-year-old bleeding, according to the lawsuit. The boy's parents learned about the assault only when it was reported on air by a local television station, the lawsuit claimed.

Barker's behavior first surfaced when the aunt of a third student, K.M., began noticing bruises and bumps on her nephew's body, the lawsuit said. She also said the boy's normally good-natured disposition had turned angry and dark.

When the aunt questioned Barker about the cause of K.M.'s injuries, the teacher repeatedly explained them away, the lawsuit alleged.

The case broke open after one of Barker's teaching assistants told the aunt that Barker was regularly abusing multiple students under her care.

Barker was arrested in March 2017 on two counts each of assault on a handicapped person and assault on a child under the age of 12. She was convicted that June in Gaston County District Court of the child-assault charges.

Barker appealed to Superior Court. According to the lawsuit, Gaston County prosecutors dropped the charges before the case went back to trial without informing the families involved.

Gaston County District Attorney Travis Page did not respond to an email from The Charlotte Observer on Wednesday seeking information about the office's handling of the case. Page did not head the office at the time of Barker's arrest and prosecution.

Clerks in both the county's District and Superior courts said they had no information on file under Barker's name, a sign that the charges were expunged.

The civil dispute was scheduled to go to trial this week before U.S. District Judge Robert Conrad. The settlement became final on Feb. 17.

Barker's employment status is unknown. A Gaston County schools spokesman did not immediately respond to an Observer question on whether Barker is still working for the school system or in what capacity.

The Barker case is among a series of high-profile, Charlotte area court battles involving the alleged abuse of special needs children by school staff.

A 2018 police video shows an Iredell County school resource officer handcuffing, then sitting on and taunting a 7-year old autistic student for about 40 minutes after the boy had allegedly spit in an empty classroom. The resulting federal lawsuit filed by the boy's family was settled in November. The terms remain confidential.

A Statesville special education teacher was arrested in October 2019 and charged with two misdemeanor counts of assault on a handicapped person, including stuffing one boy in a trash can and holding him there against his will.

"From a mother's standpoint it broke me. It was a pain like no other," the boy's mother later told the Observer. "It was like they were being tortured. That's the only way I can think about it. It was torture. These were children. The stuff being done to them was unimaginable."

The mother's 2020 lawsuit was dismissed in June after a federal appeals court ruled the teacher had governmental immunity, according to WSOC, an Observer news partner.

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