PALMDALE TEACHER USED RACIAL INSULTS, LAWSUIT SAYS.

Byline: Karen Maeshiro Staff Writer

PALMDALE - A former Palmdale High School student who claims a biology teacher called him a ``stupid Mexican'' is suing the Antelope Valley Union High School District for violation of civil rights.

The student, who is now 18 and attends school outside the Antelope Valley, claims he was banished by teacher Shawna Simmons to an empty classroom, which he was forced to share with the teacher's pet chicken and its droppings.

``There were chicken droppings on the floor and on the table(s) creating a very unhealthy environment,'' the lawsuit said. ``Ms. Simmons walked in one day to check on the chicken but never to check on (the student).''

The lawsuit was filed Friday in Los Angeles Superior Court and seeks unspecified damages for violation of civil rights, intentional and negligent infliction of emotional distress, and negligence.

The boy's attorney, Michael Rivera, said his client, who is graduating this year, is being treated for the psychological damages he has suffered.

``We hope that he will be able to recover from the experience he suffered,'' Rivera said. ``He's undergoing treatment with the goal to get him back on track and assist him with his emotional and mental well-being.''

High school district officials declined to comment on the lawsuit.

The lawsuit said the student was a teacher assistant for Simmons in a second period agriculture biology class in the fall of 1998. The student also was enrolled in Simmons' biology class, the lawsuit said.

After the start of the semester, Simmons began to discriminate against, harass and mistreat the student on the basis of his race or national origin, the lawsuit said.

``As (the student) would take roll in the class, Ms. Simmons would give him dirty looks if he did not pronounce each name correctly. One day during roll call, Ms. Simmons actually approached (the student) and ordered him to take a break, and as he turned to take a seat, she called him a stupid dumb ass,'' the lawsuit said.

Shortly thereafter, Simmons ordered the boy to sit in an empty classroom next door, where he spent, per her instructions, the entire second period for the remainder of the school year, the lawsuit said.

``Ms. Simmons did not assign (the student) any classwork, homework or other duties. She did not inquire regarding his well-being or if he needed anything. She did not even show him how to turn on the lights in the empty classroom and he had to sit in the dark for the entire period,'' the lawsuit said.

At one point, another Palmdale High School teacher discovered the student sitting alone in the room. She seemed surprised at first at the student's explanation that Simmons had ordered him to stay there, but she took no action, the lawsuit said.

After dissecting a pig in class, the student was cleaning up his work station and about to throw away the pig. ``Ms. Simmons told him to take his tray and the pig to the sink, and then throw away the pig. As (the student) turned toward the sink, Ms. Simmons called him a stupid Mexican,'' the lawsuit said.

The boy was born in Los Angeles to parents who came from El Salvador, the lawsuit said.

The lawsuit said the student was afraid that if he told anyone about Simmons' conduct, she would make matters worse for him.

In June 1999, the student disclosed the situation to his mother, who then met with the dean of students. The dean told the student's mother, ``this situation was a very small problem and that in Mexico the teachers physically beat the students and she should be grateful that this was not the case here,'' the lawsuit said.