The Albuquerque Public Schools Board of Education is facing a lawsuit after a contracted substitute teacher allegedly used racial slurs toward a 7-year-old Black girl and other students at Wherry Elementary School near Kirtland’s Gibson Gate during Black History Month, according to court documents. The lawsuit, filed against substitute teacher Samuel Snell, Kelly Services, an employment firm that APS contracts with, and the APS Board of Education, claims Snell referred to the girl and other students in the class as “whiny racial slur” and other expletives. David Adams, the attorney representing the girl’s family, said, “The biggest thing that we’ve already accomplished, honestly, is letting that young child know that they’re listened to and believed.” The lawsuit states the girl broke down into tears on multiple occasions and feared returning to school. Adams said, “She had to resort to online schooling afterwards and actually was held back for a second grade and had to repeat the grade again and is still dealing with the difficulties of feeling comfortable to be in a school setting as a result of this.” The suit claims both APS and Kelly Services investigated the incident. However, Snell was allegedly still allowed to work with Kelly Services outside of education following the investigation. Adams believes APS did not take sufficient responsibility for the situation. “I think the outcome would have been drastically different if they would have taken some responsibility,” Adams said. APS declined to comment on the pending litigation but provided a statement, saying, “Language matters, and the district does not tolerate derogatory or discriminatory language directed at students or staff.” Kelly Services told KOAT that they do not comment on pending litigation. Adams said the lawsuit aims not only to recover damages for the girl but also to raise awareness about similar situations that may be occurring elsewhere. Court documents show Snell does not currently have an attorney listed.
The Albuquerque Public Schools Board of Education is facing a lawsuit after a contracted substitute teacher allegedly used racial slurs toward a 7-year-old Black girl and other students at Wherry Elementary School near Kirtland’s Gibson Gate during Black History Month, according to court documents.
The lawsuit, filed against substitute teacher Samuel Snell, Kelly Services, an employment firm that APS contracts with, and the APS Board of Education, claims Snell referred to the girl and other students in the class as “whiny racial slur” and other expletives.
David Adams, the attorney representing the girl’s family, said, “The biggest thing that we’ve already accomplished, honestly, is letting that young child know that they’re listened to and believed.”
The lawsuit states the girl broke down into tears on multiple occasions and feared returning to school. Adams said, “She had to resort to online schooling afterwards and actually was held back for a second grade and had to repeat the grade again and is still dealing with the difficulties of feeling comfortable to be in a school setting as a result of this.”
The suit claims both APS and Kelly Services investigated the incident. However, Snell was allegedly still allowed to work with Kelly Services outside of education following the investigation. Adams believes APS did not take sufficient responsibility for the situation.
“I think the outcome would have been drastically different if they would have taken some responsibility,” Adams said.
APS declined to comment on the pending litigation but provided a statement, saying, “Language matters, and the district does not tolerate derogatory or discriminatory language directed at students or staff.”
Kelly Services told KOAT that they do not comment on pending litigation.
Adams said the lawsuit aims not only to recover damages for the girl but also to raise awareness about similar situations that may be occurring elsewhere.
Court documents show Snell does not currently have an attorney listed.
