Lawsuit Filed After Autistic Child Allegedly Leaves Lexington Elementary School Unnoticed

The child was later found running along the shoulder of New Circle Road, a major Lexington roadway

Mar. 12, 2026 at 11:01pm

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Attorneys have filed a lawsuit in Fayette Circuit Court on behalf of a Lexington family after a seven-year-old child with autism allegedly left Meadowthorpe Elementary School unnoticed and was later found running along the shoulder of New Circle Road, a heavily trafficked Lexington roadway. The lawsuit alleges negligence and related claims against the Fayette County Board of Education and multiple school officials and staff members.

Why it matters

This incident highlights the importance of proper supervision and safety protocols for students with special needs, especially those with conditions like autism that require additional care and vigilance. The case raises concerns about potential breakdowns in the systems designed to protect vulnerable students.

The details

According to the complaint, the child, P.W., who is diagnosed with autism and is predominantly nonverbal, arrived at the school's moderate-to-severe disabilities classroom as part of his daily schedule on November 17, 2025. The lawsuit alleges that at approximately 12:33 PM, the child climbed out of an open classroom window and exited the building without any staff noticing his absence. The child remained outside school supervision for approximately 40 minutes before staff reported him missing. During that time, the child allegedly roamed the school grounds and eventually discovered a hole in the fence line separating the school property from New Circle Road, a heavily trafficked Lexington roadway. The complaint states the child crawled through the fence and began running along the shoulder of New Circle Road, which at the time was an active construction zone.

  • On November 17, 2025, the child arrived at the school's moderate-to-severe disabilities classroom.
  • At approximately 12:33 PM on November 17, 2025, the child allegedly climbed out of an open classroom window and exited the building.
  • The child remained outside school supervision for approximately 40 minutes before staff reported him missing.

The players

Leslie Weston

The parent and next friend of P.W., the minor child involved in the incident.

P.W.

A seven-year-old child with autism who is the subject of the lawsuit.

Fayette County Board of Education

The defendant in the lawsuit, which oversees Meadowthorpe Elementary School.

Masten Childers

The lead counsel representing the family in the lawsuit.

Justin Peterson

The co-counsel representing the family in the lawsuit.

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What they’re saying

“Schools are entrusted with the safety of some of the most vulnerable members of our community. When a child with known supervision needs is able to leave a classroom, exit a school building, and ultimately reach a major roadway without anyone realizing it, that represents a serious breakdown in the systems designed to protect students.”

— Masten Childers, Lead counsel in the case (PR Newswire)

“This situation could have ended in tragedy. The fact that this child was ultimately found safe is due to the intervention of strangers and first responders — not because the school realized he was missing.”

— Justin Peterson, Co-counsel for the family (PR Newswire)

“Children with developmental disabilities often require additional safeguards and supervision. Families deserve to know that when their child is entrusted to a school's care, reasonable protections are in place to keep them safe.”

— Kaci Christopher, Attorney representing the family (PR Newswire)

What’s next

The lawsuit alleges negligence and related claims against the defendants and seeks damages on behalf of the child. The family has requested a jury trial in Fayette Circuit Court.

The takeaway

This incident highlights the critical need for schools to have robust safety protocols and adequate supervision, especially for students with special needs like autism. Families must be able to trust that their children will be kept safe when entrusted to the care of educational institutions.