Middletown School Board Sued In State Court Over Racial Slur Flap

MIDDLETOWN, CT — A longtime local school teacher is suing the city’s Board of Education, claiming she was unfairly put on leave, treated like a “pariah” and demoted for discussing a racial slur during a lesson about derogatory terms aimed at minority groups.

Kirsten Byrd filed the lawsuit against the school board Jan. 30 in Superior Court in Middletown.

Byrd is seeking punitive damages and to be compensated for lost wages and benefits.

The lawsuit, filed by Attorney Lewis Chimes of Stamford, claims the school district responded to “hysteria and false accusations” against Byrd “with cowardice” and destroyed her teaching career.

“Instead of standing up for a long-term, respected and competent teacher who was teaching a controversial subject, they scapegoated her, isolated her, and completely distanced themselves from her,” the lawsuit asserts.

Byrd initially sued in federal court. While that was dismissed, Byrd was able to pursue state law claims, and she has done so in this latest lawsuit.

Attorney Michael Rose, who is representing the school board, said Tuesday of the lawsuit’s claims, “The board believes inappropriate language was used in the classroom and will work to prevent that from happening.”

“It was not authorized, was not part of the board-authorized curriculum, and was inappropriate,” Rose said.

Byrd started working full-time as a teacher for Middletown schools in August 1997, according to her lawsuit. Her duties included teaching the district’s cultural diversity curriculum, covering topics such as race, ethnicity, country of origin, religion, gender and sexual orientation.

As part of that curriculum, Byrd would routinely discuss hostile language, including disparaging slurs and their origins, according to the lawsuit.

The lawsuit claims the district had been using the same curriculum for years and a discussion about racial epithets had been approved by administration, including the Board of Education.

Byrd taught eighth grade health for more than 20 years, and had routinely presented the same lesson without any complaints or criticism, according to the lawsuit.

“The goal of the curriculum was to assist in helping students to make better decisions in life, including in their use of language, by providing a better understanding of the words, their origins and pernicious use, and make them better citizens in a multi-cultural world,” the lawsuit states.

Byrd allowed students who became upset by a particular lesson to use an “emergency pass” to leave.

On Oct. 29, 2021, Byrd presented the cultural diversity lesson to multiple classes without incident, according to the lawsuit. However, during one of the classes, after discussing various racial slurs, Byrd began talking to students about one racial slur in particular, including its origin and history. According to the lawsuit, one African American female student objected, said she was uncomfortable and turned her chair away from Byrd.

Byrd “immediately apologized to the group for making them uncomfortable,” the lawsuit states.

A student in the class told Byrd she had “no business” using the full version of the racial slur because she is white. Some students indicated they would like the topic to be taught by a teacher of color, according to the lawsuit.

After being asked about her family’s background, Byrd told students her husband is Black, and her father and children are Black.

After the class, a parent of a student in the classroom called and complained about Byrd’s use of the racial slur in class. Shortly afterward, videos of the class circulated and Byrd was placed on paid administrative leave and not allowed to come to the school, according to the lawsuit.

“Instead of defending its faculty who had engaged in legitimate communications about a controversial topic, the defendant treated Ms. Byrd like a pariah,” the lawsuit claims. “Ms. Byrd's removal from her teaching position after twenty-four years and being ordered not to discuss the matter nor enter the school was extremely humiliating.”

Byrd was on leave for months, then after a hearing, the district indicated she would no longer be allowed to teach at the middle or secondary school levels. She was told the district would not seek her termination if she accepted a job teaching health and physical education in an alternative education program, according to the lawsuit.

It claims her new role represented a “substantial diminution” of her previous role and responsibilities and a “conscious effort to remove her from mainstream teaching duties.”

In July 2022, she was reassigned to teach physical education to elementary school students, despite never having taught that level previously. The lawsuit claims the school district intentionally sought to “isolate and ostracize” Byrd, which caused her distress and embarrassment.

Byrd ultimately requested leave under the Family and Medical Leave Act and had to seek medical treatment for depression and anxiety. She has been unable to return to work, and she claims the district’s treatment resulted in her “constructive discharge,” according to the lawsuit.