Parents sue Rensselaer City School District, claiming son with autism assaulted by staff

The Rensselaer City School District is being sued by parents who allege that their son with autism was assaulted by staff members including being thrown to the floor and grabbed around his neck.  

The lawsuit, filed in Supreme Court of Rensselaer County, is by Todd Rutecki and Lark Rutecki on behalf of their son Boden. They say that their son was diagnosed with speech difficulties at 2 ½ years old and later diagnosed with autism and a speech processing disorder. Because of these limitations, he is unable to tell his parents what happened during the school day.

The lawsuit stems from an incident that happened on Feb. 9, 2024 during dismissal time.

Superintendent Joseph Kardash informed the parents that Boden. was going to be suspended. The parents allege that the district was not able to provide any additional information about what happened during dismissal.

It was not only until 25 days later that they were able to see the video of what happened.

They allege that school staff members are escorting their son out of the building. At that point, Boden attempts to join another group of students, when one of the schools staff members grabs him across his body and around his neck and takes him to the ground, according to the lawsuit.  

Their son is on the ground for a period of time before getting up and then falling down. He crawls to another wall for support and starts walking down the hallway.

Another staff member blocks his progress. When Boden attempts to go around, the staff member allegedly grabs him by the backpack, jerking him backward to the ground, court documents stated.

Boden is taken to the ground at least one more time, and then surrounded by three adults before he is allowed to leave the school and walk home.

The lawsuit says that he had a traumatic brain injury and suffers from headaches. Boden was unable to attend full days of school. He stopped regularly attending after Memorial Day 2024.

The parents are seeking damages and attorney costs.

The lawsuit names Rensselaer City School District Superintendent Joseph Kardash, Van Rensselaer Elementary School Principal Jeffrey Palmer and three staff members.

In a statement emailed to NewsChannel 13, Todd Rutecki said the last 15 months have been difficult for his son. He said such a restraint was not needed.

“School staff should never put their hands on a child – especially a disabled student whose disability makes physical touch painful due to sensory issues,” Rutecki wrote. 

They are concerned that the superintendent reviewed the video, but he delayed its release to them. Rutecki is calling for the superintendent to be placed on administrative leave pending a full investigation of the incident.

Kardash did not return an email or voicemail seeking comment. The district did respond to the Times Union, which was first to report the lawsuit.

In an emailed response to the paper, he said that the district extensively reviewed the allegations of physical restraint on that date, and said no student has been injured in such a matter as a result of physical restraint. Restraints are performed by trained staff.

Watch NewsChannel 13’s Dan Levy’s interview with the family: