The Law Blog of Oklahoma

Bus Driver Charged After Altercation with Student

Friday, January 29, 2016

An Oklahoma City Public Schools bus driver has been fired and criminally charged after he was accused of slamming a student into a seat.

Henry Ballard, 49, is held on $10,000 bond in the Oklahoma County Jail after being charged with child abuse in connection with the alleged incident onNovember 5, 2015. Ballard, who had worked as a bus driver for the OKCPS district since 2011, was fired from the district in December.

Investigators say the incident began when two middle schools students were arguing on the school bus. When Ballard confronted the boys, one of them, a14-year-old student, attempted to get off the bus. Instead, witnesses say, Ballard grabbed the boy by the throat and slammed him into his seat.

Responding police say the boy had red marks on his throat consistent with being choked, and district officials say the entire scene was captured by theschool bus's security camera. Due to privacy matters related to the Federal Educational Rights and Privacy Act (FERPA), school officials say they arelegally prevented by federal law from releasing the video to the public.

The school district released the following statement regarding the incident and Ballard's subsequent arrest:

"An incident involving a former Oklahoma City Public Schools Transportation employee has culminated with a charge of child abuse by the Oklahoma CountyDistrict Attorney's Office. The incident happened on November 5, 2015 when the bus driver, Henry Ballard, got into a physical altercation witha student, the incident was recorded on video by a camera on the bus. District staff contacted a parent of the student, offered support to studentswho witnessed the incident, and worked closely with police during their criminal investigation.

Immediate actions were taken by the district to discipline Ballard who was officially terminated on December 17, 2015. Ballard had been employed withthe district since August of 2011. The actions of Ballard were disturbing, and the district has absolutely no tolerance for the behavior displayed.

Due to student privacy issues protected under Family Educational Rights and Privacy Act (FERPA) we cannot release the video of the incident."

UnderOklahoma law, child abuse is a felony punishable by a maximum of life in prison, but in most cases, the sentence is much lighter:

Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonmentin the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year,or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatenedharm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring,torturing or maiming a child under eighteen (18) years of age by another. (21 O.S. � 843.5)

LAW FIRM OF OKLAHOMA
625 NW 13th Street
Oklahoma City
,
OK
73103
(405) 608-4990
Copyright © 2012 - 2021
Law Firm of Oklahoma
All Rights Reserved
Privacy Policy
|
Terms of Use