Former teacher claims wrongful dismissal after reporting abuse

ASHLAND A former paraeducator has filed suit against her former employer, Raceland-Worthington Independent Schools, claiming she was wrongfully fired after reporting suspected abuse of students with special needs, violating federal whistleblower protections.

According to a motion filed this week by the school district, former teacher Laura Ashley Suttles is not entitled to protection under the Whistleblower Protection Act of 1989 because that protection only extends to federal employees, according to Wednesday’s motion.

According to the complaint filed last month in the U.S. District Court for the Eastern District of Kentucky, Suttles alleged that she worked in the district from August 2021 to June 2024, when she was allegedly fired in retaliation “due to her intent to make threats of abuse and report inappropriate practices.” behavior of a special education teacher toward children with special needs.”

Suttles’ attorney, Brandon Music, also represents seven parents of special needs students who allegedly suffered abuse and violations during the 2023 school year.

Although a separate lawsuit alleges the school district violated education and disability laws because of the alleged abuse, both lawsuits mention Erin Horn, a former Raceland special needs instructor.

According to Suttles’ most recent lawsuit, she worked under Horn’s supervision and observed “Horn exhibiting inappropriate and abusive behavior toward children with special needs.”

The lawsuit implies that once Suttles reported “child abuse or neglect” to her supervisors, including to the “principal and director of special needs,” her employment was subsequently terminated before the 2024-2025 school year in retaliation for her report.

Suttles claims she has “suffered and continues to struggle with wage loss, emotional distress and other harms,” and is seeking damages for wage loss, compensatory damages and legal fees.

In the next motion to dismiss, Raceland’s attorney, W. Cravens Priest III, argues that Suttles’ claims — “even if true, which they are not” — would not violate federal whistleblower protections.

Federal law prohibits retaliation against employees who disclose information or evidence regarding a violation of law or drawing attention to substantial and specific threats to public health or safety.

However, the defense argument added that the law does not apply to Suttles’ situation because “(Suttles) as a state employee is not entitled to the protections of the WPA because the WPA only applies to federal employees. ”

In addition to citing previous cases holding that the law did not apply to state employees and employers, the school concludes that “there is no federal issue for this Court to consider,” and requests that the lawsuit and claims be dismissed .

The district has also requested a motion to dismiss the initial class action lawsuit, which is still pending as of this writing.