Lawsuit says APS substitute left special education classroom unsupervised, injuring student

A lawsuit against Albuquerque Public Schools says a substitute teacher left a special education classroom unsupervised at Kirtland Elementary School, and a 9-year-old student’s hand was crushed in a door badly enough to require surgery. For Bernalillo County families, the case reaches beyond one classroom: it tests whether APS had the staffing, training and supervision safeguards in place to protect vulnerable students when regular teachers were absent.

The suit names Albuquerque Public Schools and Kelly Services Inc., the company connected to APS substitute coverage through Kelly Education. According to APS, the district serves about 65,000 students across more than 140 schools and employs more than 11,000 teachers, counselors, educational assistants and other staff members. APS also says its special education programs serve students ages 3 to 21 and are meant to support students, families and staff in a safe and inclusive setting, a mission that sits in sharp contrast to the allegations now facing the district.

The central question in the case is not just what happened in the moment, but what should have prevented it. Special education classrooms depend on close supervision, especially when students need help moving through routines, transitions and doorways that can become hazards when staffing breaks down. If the allegations are proven, the lawsuit could put pressure on APS to explain how substitute assignments are covered, who is responsible for monitoring special education rooms when staff are absent, and what emergency procedures are supposed to protect children in those settings.

The lawsuit arrives as APS continues to face persistent staffing strain. In 2025, an Albuquerque Teachers Federation survey reported by the Journal found special education teachers describing high caseloads and inadequate planning time. That same year, APS was listed with 210 vacancies in a teacher-vacancy report, and educational assistants in special education were among the hardest positions to fill. APS launched SETT in August 2025 with the Albuquerque Teachers Federation and Central New Mexico Community College to help prepare new special education teachers, a sign the district knows the pipeline remains thin.

The Kirtland Elementary allegations also follow another 2026 lawsuit involving a substitute teacher at Wherry Elementary School, where a plaintiff alleged racial slurs were used toward students. Taken together, the cases are likely to sharpen scrutiny of substitute oversight across APS, especially in classrooms serving students with disabilities. For parents in Albuquerque and across Bernalillo County, the issue is whether the district’s stated safeguards are strong enough to match the risks children face when those safeguards fail.