BREVARD COUNTY, Fla. – The state attorney’s office announced on Monday it found “no criminal wrongdoing” in the case lodged against Brevard County Public Schools by parents of a child with Down syndrome who had a mask tied to her head.
State Attorney Phil Archer said after looking into this investigation, he found no criminality in the case against the school district.
Shirley and Jeffrey Steel, the parents of the student, called for a criminal investigation into the school after they discovered that staff had been placing a mask on their child without their consent.
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Indian Harbor Beach Police said they were contacted by the girl’s stepfather on Oct. 8 to inform them that someone at Ocean Breeze Elementary had tied a mask to the 7-year-old’s head without her parents’ knowledge.
Investigators said they spoke with members of the school staff. Several staff members acknowledged using the shoelace to secure the mask on the child, records show, but added that they never tied it tightly or saw any distress from the girl as a result of the mask. The staff said they used an example from the Down Syndrome Resource Foundation of using a shoelace or a drawstring to keep the mask in place.
Staff added that the girl knew sign language to ask for help and would often do so and that this ability was not hampered by the mask, according to police.
Staff said they also sent a note home with all of their students, including the girl, stating the district’s masking policy, though they did acknowledge they had no evidence that the 7-year-old’s parents saw the note and that they never contacted her parents directly.
Ultimately, police found there was no evidence, based on their investigation, to warrant any criminal charges against the staff for securing the mask on the 7-year-old girl; however, the investigation was forwarded on to the state attorney’s office for further review.
“I want to commend Chief Butler and his investigative staff for a very thorough and professional investigation,” Archer said in a statement. “After a careful review of the investigative reports, interviews, and evidence provided to our office, we agree with the conclusion reached by the Indian Harbor Beach Police that no criminal acts were committed.”
Archer, a Republican, called the case a byproduct of today’s “politically charged climate.”
“While concern for the well-being of any child subject to this type of allegation is understandable, the immediate character attacks circulated electronically targeting teachers, administrators, and support staff were not only disturbing, but have been shown to be completely without merit. As leaders and as a community, we must do better,” Archer said.
State Representative Randy Fine has repeatedly criticized Brevard County school officials for their handling of the incident.
“There’s a special place in hell for the three people who did this to this girl,” Fine said during an October legislative meeting in Tallahassee. “This girl experienced real child abuse.”
Fine does not know if Archer’s comments were directed toward him, but Fine stands behind his past public statements about the case.
“A 7-year-old girl with Down Syndrome had a mask tied around her head by force without the knowledge or consent of her parents, and with no scientific basis to do it. And it was hidden from the parents for six weeks,” Fine told News 6. “That to me is child abuse. Phil Archer doesn’t agree. That’s his right as an elected politician. I think it’s child abuse.”
Steel spoke publicly about his stepdaughter at a news conference held by Governor Ron DeSantis in October.
“It was wrong to force that mask on her,” DeSantis said at the time.
Christina Pushaw, the governor’s press secretary, did not respond to Archer’s announcement that no criminal charges would be filed, nor did she address the state attorney’s concern about “character attacks.”
“Who are the real ‘domestic terrorists’ – school employees who TIE A MASK to the face of a 7 year old child with Down Syndrome, putting her in danger of suffocation, or parents who protest such abuse?” Pushaw tweeted in October.
Who are the real “domestic terrorists”— school employees who TIE A MASK to the face of a 7 year old child with Down Syndrome, putting her in danger of suffocation, or parents who protest such abuse?
— Christina Pushaw 🐊 (@ChristinaPushaw) October 20, 2021
Pushaw was apparently referencing a letter sent by the National School Board Association to President Joe Biden seeking federal assistance to combat violence against school officials, including acts that could be considered “domestic terrorism.”
Brevard County Public Schools also issued a statement following the announcement that there would be no criminal charges against the district:
“We are pleased, but not surprised, by today’s findings. The thorough police and State Attorney investigation shows there was no abuse. The facts coming out in the police report is a good reminder of the danger of jumping to conclusions.”
While there will be no criminal charges leveled in this case, the family of the girl has filed a lawsuit against Brevard County Public Schools.
The lawsuit was filed in federal court in December.
The suit was filed against the school district, members of the school board and the girl’s teachers.
According to the lawsuit, the Steels are seeking compensatory and punitive damages.