Craig and Ann Gaydos are suing the district for unspecified compensatory damages based on incidents that allegedly took place in 2001 and 2002.

At that time, the Gaydoses believe teacher Karen Miller caused physical injury to their daughter Paige, who has Asperger's syndrome, a form of autism.

According to Mark Davis, a San Jose attorney representing the CUSD, district officials adamantly deny the charges.

According to court documents, during summer school in 2002, "Miller kicked out Paige's right foot, spun her around and dropped her on her head ... Paige sustained a severe abrasion to her arm."

CUSD officials have said special education teachers can legally use physical restraint as a last resort and receive training in the proper techniques.

Even so, Ann Gaydos wrote Miller in June 2001, requesting physical restraint not be used. According to Gaydos, Miller physically restrained Paige five times in 2001 while teaching at Eisenhower Elementary School. Miller did admit becoming angry in April 2002, when she allegedly smeared a burrito on Paige's face and head.

"On several occasions Miller felt it appropriate to use restraint on the student," Davis said.

As a result, the lawsuit says Paige Gaydos has experienced "enduring physical and emotional pain."

The emotional distress is one of seven complaints listed in the lawsuit. The others include assault and battery, discrimination and civil conspiracy.

As a part of those charges, the lawsuit says the CUSD board failed to protect Paige Gaydos. In addition, it says all of the defendants--including CUSD Superintendent William Bragg--did not contact the necessary authorities after the abuse allegations surfaced and then concealed information.

Two other families and a former teacher's aide also complained about Miller's classroom behavior while she was a CUSD teacher, but have not brought charges.

Neither Miller nor Paige Gaydos is with the district now. Miller voluntarily resigned in October 2002 and took a teaching job in Clearlake.

Craig and Ann Gaydos enrolled their daughter in a private school in Palo Alto after successfully suing the CUSD for the $58,000 tuition. They have since moved to Colorado.

The case opens Jan. 13 at 1:30 p.m. in the U.S. District Court of Northern California in San Francisco.