02-28-2006, 07:40 AM
Charges vs. ex-teacher dismissed
By BETH VELLIQUETTE :
The Herald-Sun
Feb 27, 2006
HILLSBOROUGH -- Despite a request for the guilty verdicts to stand, five assault charges against a former teacher of autistic children at Frank Porter Graham Elementary School were dismissed Monday in Orange County District Court.
More than a year ago, Kathy Yasui-Der pleaded guilty in a plea agreement to two charges of assault on a handicapped person, two charges of contributing to the delinquency or neglect of a minor and one count of misdemeanor child abuse.
As part of the plea agreement, Yasui-Der received a prayer for judgment continued for one year, meaning the charges would be dismissed if she completed certain requirements, including writing a letter of apology, obtaining a psychological evaluation and obtaining treatment if recommended and giving up her teaching certificate for one year.
On Monday she appeared in court with her attorney, Thomas Maher, to report that she had completed the requirements. Assistant District Attorney Jacqueline Perez told District Court Judge Charles Anderson that the state was now dismissing the charges as the final part of that agreement.
Yasui-Der had been accused of hitting a student in the bathroom, which was witnessed by a teacher's assistant who testified against her last year. She also was accused of pulling a child's finger back and twisting a child's arm.
Before she was charged, Yasui-Der had been named the Teacher of the Year at the elementary school and a winner of the district's Dean Smith Teaching Award. About 20 supporters attended her trial last year, and some were prepared to testify that she had helped their children who were students in her class.
At Monday's hearing, the mother of the boy whom Yasui-Der allegedly hit in the bathroom asked Anderson to let the guilty verdicts stand rather than dismiss them. The judge said he could not meet her request because of the previous plea agreement.
The parent called Yasui-Der a chronic serial abuser and said the school and the Chapel Hill-Carrboro City Schools district ignored complaints about her from teacher's assistants and parents.
Yasui-Der said little during the short hearing.
After the hearing, the mother of the victim and the mothers of two other children who were in her class complained that the whole story about Yasui-Der was never told because Anderson cut off the testimony of witnesses during the trial a year ago and encouraged the prosecutor and defense attorney to work out a plea agreement.
Teaching children with autism is a difficult job, said Lyda Mihalyi, the mother of a child who has autism, a neurologically based developmental disability that impacts social interaction and communication skills. "I know it's difficult. Every day is difficult, but nothing gives her the right to abuse these kids," she said.
Her son was fearful to go to school, she said. However, because of his autism, he was unable to tell her what had been happening at school, but she said that changes in his behavior told her that something was wrong at the school.
The mother of the victim said she has contacted the state Department of Public Instruction and asked that they contact her if Yasui-Der tries to have her teaching certificate reinstated. She plans to object if that occurs, the mother said.
ENDS
By BETH VELLIQUETTE :
The Herald-Sun
Feb 27, 2006
HILLSBOROUGH -- Despite a request for the guilty verdicts to stand, five assault charges against a former teacher of autistic children at Frank Porter Graham Elementary School were dismissed Monday in Orange County District Court.
More than a year ago, Kathy Yasui-Der pleaded guilty in a plea agreement to two charges of assault on a handicapped person, two charges of contributing to the delinquency or neglect of a minor and one count of misdemeanor child abuse.
As part of the plea agreement, Yasui-Der received a prayer for judgment continued for one year, meaning the charges would be dismissed if she completed certain requirements, including writing a letter of apology, obtaining a psychological evaluation and obtaining treatment if recommended and giving up her teaching certificate for one year.
On Monday she appeared in court with her attorney, Thomas Maher, to report that she had completed the requirements. Assistant District Attorney Jacqueline Perez told District Court Judge Charles Anderson that the state was now dismissing the charges as the final part of that agreement.
Yasui-Der had been accused of hitting a student in the bathroom, which was witnessed by a teacher's assistant who testified against her last year. She also was accused of pulling a child's finger back and twisting a child's arm.
Before she was charged, Yasui-Der had been named the Teacher of the Year at the elementary school and a winner of the district's Dean Smith Teaching Award. About 20 supporters attended her trial last year, and some were prepared to testify that she had helped their children who were students in her class.
At Monday's hearing, the mother of the boy whom Yasui-Der allegedly hit in the bathroom asked Anderson to let the guilty verdicts stand rather than dismiss them. The judge said he could not meet her request because of the previous plea agreement.
The parent called Yasui-Der a chronic serial abuser and said the school and the Chapel Hill-Carrboro City Schools district ignored complaints about her from teacher's assistants and parents.
Yasui-Der said little during the short hearing.
After the hearing, the mother of the victim and the mothers of two other children who were in her class complained that the whole story about Yasui-Der was never told because Anderson cut off the testimony of witnesses during the trial a year ago and encouraged the prosecutor and defense attorney to work out a plea agreement.
Teaching children with autism is a difficult job, said Lyda Mihalyi, the mother of a child who has autism, a neurologically based developmental disability that impacts social interaction and communication skills. "I know it's difficult. Every day is difficult, but nothing gives her the right to abuse these kids," she said.
Her son was fearful to go to school, she said. However, because of his autism, he was unable to tell her what had been happening at school, but she said that changes in his behavior told her that something was wrong at the school.
The mother of the victim said she has contacted the state Department of Public Instruction and asked that they contact her if Yasui-Der tries to have her teaching certificate reinstated. She plans to object if that occurs, the mother said.
ENDS