Barocas v. State

OPINION

MAY, Judge.

Trinda Barocas, while employed as a special education teacher, “flicked” 1 a student’s tongue with her finger. At trial, she asserted she was not guilty because teachers have qualified immunity for reasonably necessary disciplinary acts. The trial court convicted her of Class B misdemeanor battery. 2 As the State did not disprove her defense, we reverse. 3

FACTS AND PROCEDURAL HISTORY

During a period of over eleven years, Barocas taught special education at three schools. In February of 2009, Barocas had eight students in her classroom. One was ten-year-old A.R., who has Down…