Parents sue Poudre School District over paraprofessional's employment

FORT COLLINS, Colo. — The parents of children with autism who were abused by a former Poudre School District (PSD) paraprofessional filed a federal lawsuit alleging the district should have never hired him in the first place.

Pictures laid across the Montgomery family's table show their son, Ashton, as a happy, young boy. But they don't paint the full picture of the trauma he has been through, according to his parents.

“I thanked this man every morning for taking care of my son because I had no idea that this was going on," said Barclay Montgomery.

Barclay is referring to Tyler Zanella , a former Poudre School District paraprofessional who was sentenced in April to 12.5 years in prison for assaulting non-verbal children on school buses. Ashton was one of Zanella's victims.

“At the end of the investigation, there were 37 videos of Ashton being assaulted," said Daisy Montgomery.

The Montgomerys and another family on Tuesday filed a federal lawsuit against the Poudre School District, four named school district employees — Shepardson Elementary School Principal Wayne Thornes, PSD Assistant Director of Human Resources Emily Bickerton, bus operator David Oliver and PSD Transportation Supervisor Sonja Novovesky — and five unnamed employees.

The lawsuit alleges the district knew about Zanella's criminal history and "hired him for a role that involved him having access to and authority over multiple exceptionally vulnerable young children." Zanella was arrested for child abuse in 2012. The case was dismissed after he pleaded guilty to child abuse — negligence — no injury, a misdemeanor.

The lawsuit also claims the defendants failed to intervene after learning of assault and bullying incidents.

“Good move, Poudre School District. That will land you in federal court almost every single time," said attorney David Lane with Killmer Lane, LLP, who is representing the two families.

Lan said they are now pushing the court to unseal the school bus videos that show the abuse.

“They should have never hired Zanella, and the public should see the kinds of people they hired to take care of vulnerable kids on a school bus," said Lane.

In response, the Poudre School District issued a statement, saying "Poudre School District takes the safety of our students very seriously. The District is aware of the complaint and will respond through the lawsuit."

While Ashton could not speak up against his abuser, his parents told Denver7 they will be his voice and push for accountability.

Denver7 is committed to making a difference in our community by standing up for what's right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.