13-year-old Max Benson passed away after Kimberly Wohlwend allegedly pinned him face down on the floor as he vomited and wet himself.
The teacher was allowed to keep working after the incident at the now-defunct private Guiding Hands School in California.
The lawsuit filed against the school stated that the teacher restrained the student with the help of other staff.
According to CBS13, she was teaching at another school until mid-November, about a year after Max passed away.
Even though Wohlwend stopped working at Sierra Ridge Middle School on November 11, 2019, she was still employed at the Pollock Pines School District as a special education teacher.
The California Department of Education said to The Sun Online that it “does not oversee teacher credentialing.”
The Sun reached out to the California Commission on Teacher Credentialing for comment.
According to reports, there were no records of action against Wohlwend. CBS13 also reported that her elementary and special education teaching credentials do not expire for over a year.
The agency is not allowed to revoke a teacher’s credentials but may do so if they are convicted of crimes, a court deems them to be crazy, or they are a sex offender.
It is also up to school districts to stop teachers from working if their behavior is under investigation.
Former principal Staranne Meyers and executive director and site administrator Cindy Keller are also accused of involuntary manslaughter.
The District Attorney’s office filed a case against the El Dorado Hills School “after a lengthy, multi-agency investigation into the facts and circumstances.”
Max, 13, was sick and wet himself but he was restrained face down until he stopped breathing, according to court papers.
Emergency services were not contacted until 25 minutes after the student fell unconscious.
His mother, Stasia Langley, has been campaigning since Max’s death for children with autism and raising awareness.
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Replaced!