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A mother has sued Indianapolis Public Schools over alleged negligence at George Washington Carver Montessori School 87, claiming that her first grade student suffered injuries that included a traumatizing vaginal tear.
The lawsuit filed by Kiya Isom also claims that school staff consistently failed to address the abuse and other bullying the student suffered at the hands of classmates — such as when she came home from school with a wounded hand.
The lawsuit is the second to be filed by a family against the district, former principal Mary Kapcoe, former vice principal Finae Rent, and former teacher Julious Johnican over the alleged abuse of one of Johnican’s students.
The second complaint, filed last week by the same attorneys involved in the first lawsuit, alleges that the first grade student — identified as a student in Johnican’s classroom known as K.D. — consistently reported abuse and relentless bullying from peers at school to Isom. As with the first legal complaint, Isom alleged the abuse from other students took place during the 2023-24 school year.
The district said in a statement that it “strongly disagrees” with the claims in the lawsuit.
“The safety and security of our students and staff has been and will continue to be our top priority,” the district said. “Because this is an active lawsuit, we will not comment further.”
Johnican could not be reached for comment, and an attorney who represented him in the first lawsuit declined to comment. Kapcoe and Rent did not immediately respond to emails requesting comment.
School downplayed girl’s physical injuries, lawsuit claims
In September 2023, another student pushed K.D. off the monkey bars, causing her to land straddled on a metal bar, the complaint alleges. When K.D.’s parents arrived at the school, she was “bleeding severely from her private area” and “crying uncontrollably from extreme pain,” the lawsuit states.
“K.D.’s injuries were much more serious than the school nurse had indicated on the phone,” the lawsuit states. “The parents immediately headed to a urgent care center.”
K.D. eventually went to Riley Children’s Hospital for a perineoplasty, which required multiple internal stitches, according to the complaint.
After the surgery — which required a week of recovery out of school — K.D. continued to be abused and bullied at school, the complaint alleges. In February 2024, the school nurse texted Isom to report that K.D. had poked her hand with a pencil, the lawsuit states.
“When K.D. came home from school that day, K.D.’s mother saw that this was much more than a mere ‘poke’ as it was clear that a sharp object had pierced the skin of K.D.’s hand and left a deep mark,” the complaint states. “K.D. reported that another girl in her class had held her down and stabbed her hand with the pencil.”
The complaint claims the school failed to take meaningful action to prevent the bullying and abuse that caused K.D.’s injuries.
“In fact, rather than addressing the severity of the situation, the school consistently downplayed K.D.’s injuries, refusing to acknowledge the full extent of the harm she suffered,” the complaint states. “The school’s reports were deliberately watered down, omitting crucial details and minimizing the severity of the incidents.”
Isom subsequently removed K.D. from IPS and has since enrolled her in a charter school, according to the family’s attorneys.
IPS launched safety task force after School 87 complaints
Another mother of a student in Johnican’s classroom sued the district last year, alleging that Johnican encouraged and recorded the abuse that her 7-year-old student suffered from other students.
Both parties agreed to dismiss that lawsuit last month. It’s unclear if the district agreed to give money to the family as part of a settlement.
Meanwhile, Johnican faces a felony charge of neglect of a dependent in Marion County court over the alleged incidents at the center of the first lawsuit. Johnican’s attorney in that case did not respond to a request for comment.
Isom was among several parents who expressed concern about longstanding issues at the school at an April 2024 school board meeting that followed news of the initial lawsuit.
Shortly after the parents raised these issues, IPS hired a new principal and created a climate and culture committee for the school.
The district also launched a task force on mental health and school safety. Its first meeting is on Wednesday at 6 p.m. at district headquarters at 120 E. Walnut St.
Amelia Pak-Harvey covers Indianapolis and Lawrence Township schools for Chalkbeat Indiana. Contact Amelia at apak-harvey@chalkbeat.org.
