A Fort Worth family is suing Arka Montessori Academy after surveillance video allegedly showed a teacher encouraging two 4-year-olds to fight before grabbing and throwing their son to the floor. (Dreamstime/TNS)
Dreamstime/TNS
Heather Harris knew something was wrong as soon as she saw her 4-year-old son at the Fort Worth daycare. He was crying uncontrollably when she arrived to pick him up from Arka Montessori Academy of Risinger one day in April.
Employees told the mother her son had fought with another child, but their explanations did not add up, according to a lawsuit filed this month by Harris and her husband, Richard Harris.
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She insisted on seeing the classroom’s surveillance footage.
“The truth came out because this mom trusted her instincts,” Russell Button, the family’s attorney, told The Dallas Morning News. “She kept pushing and kept pushing.”
The footage, obtained by The News, appears to show a teacher grabbing, shaking and dragging a boy while encouraging another child to hit and kick him. Another teacher appears to watch without intervening.
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Heather and Richard Harris filed the lawsuit Sept. 4 against Arka Risinger Educators LLC, which operates the Fort Worth child care center on West Risinger Road. The case was filed in Tarrant County’s 48th District Court.
The lawsuit accuses the center of negligence, gross negligence and failing to properly hire, train and supervise its employees. The family is seeking more than $1 million in damages, and for a jury to determine the final amount.
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Daycare representatives did not immediately respond to phone and email requests for comment by The News.
Button said neither the center nor its legal counsel had responded to the lawsuit as of Tuesday.
“Our son was a happy, outgoing little boy,” the Harrises wrote in a statement to The News. “We trusted Arka Montessori of Risinger to keep our son safe, but they failed us in every way.”
What does the lawsuit allege?
The Harris’ son, identified in court records only by his initials, U.H., was moved to another classroom after his regular teacher left for the day, according to the 20-page petition.
Surveillance footage reviewed by The News appears to show a teacher speaking to someone at the classroom door with her back turned when another child struck U.H. The children briefly fought before stopping.
Minutes later, another teacher, whom the suit says is the other child’s mother, entered the room, according to the surveillance footage.
The lawsuit alleges one kid pushed U.H. in the chest. When U.H. raised his hands to protect himself, the teacher allegedly grabbed his arm, shook him and shoved him away, the suit says.
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The teacher later appears to pull the children toward one another in the video and encouraged the kid pushing him towards U.H. to hit and kick him.
As U.H. struggled to escape, the teacher appears to hold his wrist and pull one of his legs out from under him, sending him onto the hardwood floor, the video shows.
“This place looked like a child fight club,” Button said. “This kid was thrown around like a human rag doll by somebody that was supposed to protect him.”
U.H. suffered bruises, scratches, pain and post-traumatic headaches, according to the filing. His parents said he later became nervous, afraid of being left alone and distressed by loud noises and raised voices. They ultimately removed him from daycare.
“Since that day, our son has been anxious and afraid, and he is still traumatized by what happened to him,” the family said.
State investigation found violations
The Texas Health and Human Services Commission’s Child Care Regulation Division investigated and cited Arka Montessori for four violations related to the incident, according to the petition.
The violations involved improper discipline; prohibited punishments, including grabbing and pulling; yelling at a child; and a caregiver’s failure to demonstrate good judgment by not intervening.
The investigation also uncovered employee accounts alleging the teacher had previously yelled at children or handled them aggressively. An administrator said the teacher’s yelling had been addressed “a couple of times,” according to the petition.
The filing also lists 16 earlier citations issued to the facility since it received its permit in January 2024. They included supervision failures and problems involving required training, CPR and first-aid certifications and safety records.
Button said the lawsuit is intended to hold the center accountable and warn other childcare providers against ignoring employee concerns.
“A daycare classroom should never become a child fight club,” he said.
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