Attorney files demand after 11-year-old is struck in head 40 times at Miami Beach school

An 11-year-old student at Nautilus Middle School in Miami Beach was struck on the head more than 40 times during a cafeteria fight on Sept. 24, according to her mother and a hired attorney.

Cellphone video taken inside the school shows the start of the incident at a cafeteria table. The footage captures a student lunging at the victim, wrapping an arm around her head, and striking her repeatedly.

The victim's mother said the school nurse called her to report the fight. She drove to the campus immediately. "I drove to the school, I got there as soon as possible and that's basically when our nightmare started, with my daughter being violently assaulted and struck over 40 times on her head," she said.

The family believes the attack stemmed from a dispute over the school's cheerleading team. The victim had made the squad days earlier, while the other student was cut. The mother described the situation: "It was an achievement, she was happy, and the child, the aggressor child was rejected."

Gina Raijman, the attorney representing the family, stated that the school was aware of escalating tension between the two students. "The school was placed on notice of an escalating incident between students and, despite having this knowledge, they failed to act appropriately to prevent this foreseeable attack," Raijman said. She called the response a fundamental failure of the school's duties.

Miami-Dade County Public Schools offered a different account. The district said officials were working to resolve the conflict before the fight. "Prior to the incident, school staff had met with the students involved in an effort to de-escalate the conflict," the statement said. The district added that administrators and Miami-Dade Schools Police responded immediately and referred the matter to law enforcement under the code of student conduct.

The victim has not returned to school since the assault. The student accused of the attack has been charged with aggravated battery and is scheduled to appear in juvenile court on Thursday.