The Guardian has exclusively learned that a Miami Trace teacher charged with assaulting a special needs student has plead guilty to a lesser crime.

Josh Elzey, who was hired by the school district in 2015 to teach special needs students, was charged with a first degree misdemeanor of assault after the Sheriff’s office says he attacked one the kids in his classroom earlier this year. Now, the teacher is convicted of disorderly conduct and cannot be around students for five years.

The now-fourth degree misdemeanor was part of a plea deal struck last month with prosecutors: Elzey would plead guilty to the lesser charge of disorderly conduct in exchange for an assault charge being dismissed, while accepting two years probation, a fine, and a court order to stay away from students for five years.

The criminal conviction that will follow the teacher around for the rest of his life stems from an incident earlier this year in March after another teacher came forward saying she saw Elzey “mishandle” a student.

The district’s resource officer, who is a deputy Sheriff assigned to the Miami Trace campus, was called to investigate the claim, and forwarded the case to a detective. During the investigation of the allegation of “mishandling” a student, now-retired Detective Eddie Ward says that security camera video from inside Elzey’s classroom was uncovered that shows a special needs student was kicking and hitting Elzey before Elzey grabbed the student “by the head with both hands” and carried the child across the room, placing him in a chair. The Guardian requested a copy of the surveillance video, but Miami Trace denied the public record request citing federal law and student privacy acts.

Another teacher was in the room when the attack happened — according to reports — and she told authorities that she went home that day and “thought about it all night.” The next day, she says she reported it to the school’s administration.

On March 12, Miami Trace Superintendent David Lewis sent a letter to Elzey that placed the teacher on paid administrative leave pending an outcome of an investigation.

“I have received information regarding allegations of misconduct against you involving a minor,” Lewis wrote in the one-page letter that was hand delivered to the teacher in his classroom. “The alleged incident occurred in your classroom…you are to remain off school grounds and have no contact with staff, students, or parents…..” Elzey was escorted off school property that day.

During the Sheriff’s office’s investigation, it was reveled that other questionable encounters involving Elzey and the student were caught on security camera video, as well.

Detective Ward details in his report that on at least four other occasions, the same student was kicking and hitting Elzey when Elzey would try to de-escalte the situation by placing the child in a chair across the room. On at least two previous encounters, it is reported the child blacked both of Elzey’s eyes, had punched him, and was headbutting his teacher.

A teacher aide who was assigned to Elzey’s classroom said that the particular student in question has “outbursts all the time when he doesn’t get his way” and that the child has attacked all three of his teachers.

On April 2, Elzey resigned from his job in a one sentence resignation letter amid the criminal probe.

“I am writing to inform you that due to personal and professional reasons [sic] I am resigning from all positions effective the end of business day [sic] April 5, 2019.”

The Sheriff’s office concluded their investigation and forwarded their findings to the Fayette County Prosecutor’s office seeking a felony charge of child endangerment. According to the Sheriff’s office, the prosecutor forwarded the case back to the detectives and said that a misdemeanor assault charge was more appropriate.

Elzey’s attorney, Bryan Bowen was out of town when the Guardian asked for an interview about this story. He said would reach out to his client for a comment, but the Guardian has not heard back.

Messages left with Miami Trace Superintendent Dave Lewis seeking an interview with the Guardian were not returned.

Elzey is now teaching students online in China, according to a court filing.

Derek Myers is the editor-in-chief of the Guardian.