A recent arrest outside of a Leon County school has ignited the debate over the line between corporal punishment and child abuse.<\/p>\n
Arielle Everett, a 36-year-old middle school teacher, was arrested Oct. 27 on a charge of cruelty toward a child without great bodily harm. Witnesses allege she forced her son down to the ground and punched him in the face Monday when she picked him up from his school.<\/p>\n
Josh Zelman, Everett’s attorney, who recently represented Donna Adelson<\/a> in the murder of Dan Markel, offers a different explanation as to what happened that day and suggested his client’s actions were within her parental rights.<\/p>\n According to an arrest affidavit, witnesses reported that Everett appeared to “grab and force him down onto a sidewalk,” injuring his face. “Everett then proceeded to continue to attempt to strike multiple times, which was blocked by staff members.”<\/p>\n As a result, the child reportedly had a “slight abrasion on the upper right side of his brow\/temple area,” according to the affidavit.<\/p>\n The mother had been called to pick up her son because of behavioral issues in class. She told police she was angry when she arrived because of his “continued behavioral problems.”<\/p>\n When she arrived, Everett said she grabbed him because he has a history of running away instead of dealing with the consequences of his actions. In doing so, she fell, which she attributed to a medical condition that causes numbness in her lower legs, according to the affidavit.<\/p>\n “She stated while on the ground, she did attempt to pop him a few times (described as an open hand slap) to his mouth but was restrained by staff and was unsuccessful,” the affidavit says.<\/p>\n The school district confirmed that Everett has been placed on leave as the case is investigated. The school was redacted from the reports.<\/p>\n DCF moves to put children in shelter care<\/p>\n The Department of Children and Families has requested for the court to place Everett’s children in shelter care, according to a DCF affidavit obtained by the Tallahassee Democrat.<\/p>\n An investigator interviewed the child who said he tried to run away when he saw his mom, but she “grabbed his shirt and pulled him in.” He said Everett “back handed him in the mouth” and continued to hit him after he fell on the ground.<\/p>\n “There is a video of the incident in the school’s possession that was viewed by the Department which confirmed the mother physically struck [the boy] multiple times,” the DCF affidavit says.<\/p>\n The investigator also spoke with the boy’s brother. He said nothing like that had happened before and “denied any fighting in the home” but said they do receive spankings with a belt or a punishment and are fed only bread and water.<\/p>\n DCF “confirmed that the spankings the mother gives both children leaves marks,” the affidavit says.<\/p>\n Legal discipline or abuse?<\/p>\n In Zelman’s statement, he defended Everett’s character, saying he’s known Everett nearly 17 years as she was one of his daughter’s preschool teachers.<\/p>\n “Both Mr. Zelman and his ex-wife would not hesitate to leave any of their children in Ms. Everett\u2019s care, as she has dedicated her life to children and their education,” Zelman said.<\/p>\n He also included a reminder that “it is lawful for a parent or guardian to use corporal punishment with a child” in Florida.<\/p>\n Florida law says <\/a>“corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.” It can elevate to abuse, however, when the disciplinary action results in physical consequences such as sprains, bone fractures, cuts, brain damage and more.<\/p>\n Corporal punishment is also allowed in Florida schools,<\/a> but as of this July, districts employing the practice have to get parental permission before carrying out any kind of corporal punishment.<\/p>\n Zelman and his client denied that Everett used a closed fist and said that the video surveillance footage doesn’t show a closed fist either, proving the witness’ account is wrong: “Zelman Law reminds everyone that anyone who is arrested, including Ms. Everett, is presumed innocent. We intend to fight the charges until Ms. Everett is vindicated.”<\/p>\n Local government watchdog reporter Elena Barrera can be reached at\u00a0ebarrera@tallahassee.com<\/a>. Follow her on X:\u00a0@elenabarreraaa<\/a>.<\/p>\n This article originally appeared on Tallahassee Democrat: Florida teacher’s arrest sparks debate over discipline, abuse<\/a><\/p>\n