A South Jersey first grader was physically assaulted by a teacher during a bus trip, a lawsuit alleges

A South Jersey first grader was physically restrained and attacked by his teacher during a school bus trip caught on video, and West Deptford school officials tried to cover up the alleged assault, according to a lawsuit by his mother.

The boy’s mother initially accepted an account by officials at Oakview Elementary in West Deptford that her 6-year-old child with special needs was misbehaving, said her attorney, John W. Trimble. The incident occurred on a school bus in May when the school visited the Philadelphia Zoo, he said.

She was told that the boy had tried to elope — a term used when a child with a developmental disability tries to leave a safe area — and climb out of a bus window but was restrained by the teacher, according to the lawsuit.

The school principal notified the mother that the bus footage had been reviewed and said the teacher, identified as Tori Huffman-Magsam, “acted outside of their policy and procedure,” the lawsuit said. No specifics were given.

A tip from an anonymous caller a few days later prompted the mother to ask the principal to let her view the video recording of the incident, Trimble said. The caller advised her to hire a lawyer and notify police, and she did both.

The disturbing video showed the teacher on top of the boy “pushing into his abdomen and lower body, smearing spit all over his face and shoving her hands down his throat,” the complaint alleges.

“The physical abuse and torture continued despite his pleas for help,” the lawsuit said. Three other West Deptford school staff members were on the bus, but did not intervene, the lawsuit said.

“The boy was screaming for help and was sincerely afraid for his life,” the lawsuit said. The mother was only shown a few minutes of the video by the principal at the time, Trimble said. The school has refused to provide a copy, and Trimble said he plans to file a subpoena to get the full recording.

“She was horrified by it,” Trimble said this week. “She was basically beating him up.”

The mother, identified in the lawsuit by her initials T.R., said she questioned her son about other possible incidents with the teacher. He told his mother “it only happens when I am bad,” the lawsuit said.

» READ MORE: After a N.J. kindergartner was filmed barricaded behind a gym mat, his mother wants an investigation

Huffman-Magsam, of Deptford, could not be reached for comment Thursday. She did not respond to a message on her Facebook page, which identified her as a wife, mother, and teacher. Trimble said it was unclear if she is still employed in the West Deptford school system. School principal Laura Sandy didn’t respond to a message, and West Deptford Superintendent Brian Gismondi said the board does not comment on pending litigation.

The incident was reported to law enforcement, but Gloucester County officials said they didn’t have jurisdiction because the incident occurred in Philadelphia, Trimble said. The New Jersey Department of Children and Families and the Institutional Abuse Investigation Unit was also notified. That agency doesn’t comment on investigations.

Trimble said the civil lawsuit seeks a jury trial, compensatory and punitive damages, and more transparency about what happened to the child. He wants other parents with similar concerns to come forward, too.

The lawsuit accuses the district of violating the New Jersey Law Against Discrimination, negligence in its hiring and supervision of Huffman-Magsam, and infliction of emotional distress on the boy. It also accuses Huffman-Magsam of assault and battery.

According to the 32-page lawsuit, the boy has a communications disorder. The Oakview student had been receiving special services since age 3 for speech delays.

His individual education plan, or IEP, does include the use of physical restraints, Trimble said. The teacher made statements to her principal that the boy is “bad every day,” and the lawsuit alleges that physical abuse and improper conduct occurred throughout the 2023-24 school year.

In 2022-23, about 7.5 million students ages 3 to 21, roughly 15% of all public school students nationwide, received special education services, according to the U.S. Department of Education. Most were classified with learning disabilities.

Under New Jersey law, tactics such as restraining students can be used only with students with disabilities who present an immediate danger to themselves or others.

”Physical restraint should only ever be used as a last resort to protect the child and/or others around them,” said Lisa M. Quartarolo, a managing attorney with Disability Rights NJ, an advocacy group. “Sadly, we see situations where physical restraint is used unnecessarily, all too frequently.”

The boy began showing disruptive behavior in kindergarten, and his mother would often pick him up from school, Trimble said. Those incidents became less frequent, he said. His mother became alarmed when his attitude changed last year, the lawyer said.

“The kid was coming home scared to death. He didn’t want to go to school,” Trimble said.

According to Trimble, the boy, one of five children, tried to tell his mother that he didn’t misbehave on the bus. She believed the school’s account, and disciplined him by taking his iPad as punishment. She was mortified after she viewed the bus footage, he said.

Trimble said the boy missed the remainder of last school year after the bus incident. He returned this year with a new teacher and has not had any problems, he said.

“We need to know that when we send our kids to school that they’re in safe hands,” Trimble said.