Child Abuse at NJ Special Needs School? Video Shows Boy in Pain

It’s a heartbreaking scene. Surveillance video shows 11-year-old Zaire Smith, a child with ADHD and autism, being pinned to the ground by a teacher. Can the school be liable for child abuse?

The Video Footage is Hard to Watch

The video footage shows Zaire Smith’s teacher pinning him against the wall. He then tackles him to the ground. He holds him in the same position for several minutes. Staff members come in and out while the boy is on the ground, but no one does anything.

Students are also present, bearing witness to the alleged child abuse scene.

Zaire’s parents said that the footage was heartbreaking and hard to watch. “It was hard to watch my son on the floor, his legs kicking out. And if you could zoom in on his face, he squinching his eyes, and his fingers pointed out, you could tell he was in pain. And I felt that,” said Niasia Smith, Zaire’s mother.

What Caused the Possible Child Abuse Incident?

Zaire attends school at Mount Carmel Guild Academy in West Orange, NJ. According to the school’s website, the facility has taught children with disabilities for over 51 years.

On the day of the April incident, Zaire’s teacher assigned him the task of creating a card. When someone took the card away from him, he became angry. The teacher then took him to ‘the Problem-Solving Room,’ where he threw a chair against the wall.

A teacher then grabbed him from behind, restrained his arms, and pinned him against the wall. After a few seconds, he took Zaire to the floor and pinned him there. At one point, he let Zaire up but pinned him again.

When all was said and done, Zaire had carpet burns on his face and several bodily bruises. The alleged child abuse video lasted for 30 grueling minutes.

How Could Things Have Been Handled Differently?

After watching the shocking footage, you may wonder if things could have been handled differently. Psychologist Jeffrey Gardere believes the incident did not need to escalate.

“From what I can see, this child felt completely overwhelmed by the individuals around him. The way that he was treated, taken down in that way, I think, was certainly a shock to his system.”

“When you have a child, any child, whether they’re on the spectrum or not, who’s feeling deregulated, who’s feeling anger, we have to remember that is a child. And so we must address whatever aggressiveness we see, not with aggressiveness.”

Zaire’s mother agrees. “I feel like they could have spoken to him. They could have used a de-escalation verbally. It didn’t have to escalate to where someone had to assault my son. They didn’t have to do that,” she said.

It Is Not The First Time

Zaire’s mother said this was not the first time the school had gotten physical with Zaire. She said there was another potential child abuse incident less than a year ago. Zaire came home with marks on his face that developed into scarring.

Mrs. Smith also said the school tried to tell her that the marks on his body were his fault. She said they told her he moved while they restrained him and rubbed his face on the rug.

Child Abuse Lawsuit

The Smiths have teamed up with lawyer Benjamin Pinczewski to hold the school accountable for their actions. The attorney sent the school a letter demanding answers.

“What was the reason to keep him on the ground so long? He’s not resisting. You could see he’s in pain.” Pinczewksi questions.

“I want justice for my son. Not only for my son. How many other kids have gone through this?” Zaire’s mother said.