Lorain Schools reaches settlement with former Palm Elementary principal

LORAIN — Lorain Schools reached a settlement agreement with a former elementary principal suspended for her role in a child allegedly made to eat food out of the garbage in November 2021. Lorain Schools reached an agreement with Deb Pustulka in early February, according to documents obtained by The Chronicle-Telegram. Pustulka filed a case in federal court in March 2022 alleging the Board of Education violated Ohio Revised Code in the steps it took to suspend her after the district investigated the incident months prior. Pustulka's lawsuit stemmed from a November 2021 incident involving a 9-year-old girl at Palm Elementary, where Pustulka was principal. According to a federal civil rights lawsuit filed by Latasha Williams on behalf of her 9-year-old daughter, her daughter was eating waffles for lunch, but after taking a few bites decided she didn't like them and raised her hand to ask Pustulka for the other meal option for the day. The principal reportedly told the girl she needed to finish what was on her tray, but instead, the child decided she was done eating and threw out the waffles. Paraprofessional Monika Sommers-Fridenstine was allegedly standing next to the garbage can when the girl threw away her lunch, which Sommers-Fridenstine then pulled from the garbage and gave back to the child to eat. The suit alleged Sommers-Fridenstine sat next to the girl and stared at her, forcing her to finish the waffles while the other children at the lunch table laughed. Williams' suit alleged her child, who is Black, was targeted by the white staff members involved. Williams' suit was dismissed in December 2022, according to court records. Sommers-Fridenstine was terminated by Superintendent Jeff Graham and the board in December 2021 after the district reviewed video footage of the incident. Video footage released by the district in January 2022 showed Sommers-Fridenstine pull a prepackaged item from the garbage after the girl had dumped her tray in it, wipe the item off and give it back to the girl while Pustulka stood by. The district's agreement with Pustulka stipulated she would resign from the district — which she did in February. She received back pay totaling $241,075 for her administrator's contract from Jan. 1, 2022, to Feb. 15, 2024. She also received an additional $18,924 in compensation, according to the agreement. The district's insurer, Liberty Mutual Fire Insurance Co., will pay the $260,000 settlement. She also agreed to dismiss any other lawsuits with prejudice and waive her right to reinstatement or future employment with the district. Per the agreement, neither party can comment on the settlement other than the matter being resolved. The settlement is not an admission of wrongdoing by either party, according to the agreement. Pustulka was rehired as Palm Elementary principal under interim CEO Greg Ring in early 2020. She, along with five other administrators, had been terminated at the end of June 2018 by former CEO David Hardy Jr. She was later given a teaching position after she was laid off, according to previous reporting. The Board of Education also settled another lawsuit involving Brian Ames. Ames, of Mogadore, filed a case in Lorain County Common Pleas Court against the board in October, alleging it failed to comply with Ohio law regarding meeting notifications. Ames has filed many lawsuits focusing on alleged Open Meetings Act violations throughout Ohio. According to the settlement, the board denied Ames' claims. The board agreed to pay Ames or his attorney $350 for court costs, $500 for any statutorily imposed penalty and $2,500 for attorneys' fees, according to documents obtained by The Chronicle-Telegram. The board also agreed to amend its public meeting notification process so that both regular and special meetings have notice posted at least 24 hours before the start of a meeting in a way that can be seen from outside the district's central office. Ames agreed to dismiss his lawsuit, per the settlement.