AUBURN – An assault charge against a Lisbon special education teacher who allegedly hit a student in the face with a shoe is expected to be dismissed if the teacher complies with a court’s conditions.

An Androscoggin County Superior Court judge ordered that Brian Wright, 51, of Poland receive counseling and comply with school department recommendations over the next year, court papers said. The charge would stay on file for a year. If Wright adheres to the judge’s conditions, the charge would be dropped at the end of that period. If not, the Androscoggin County District Attorney’s Office would have the option of bringing the case back to court.

The criminal complaint against Wright triggered a civil lawsuit when the Lisbon School Department sought access to records of the criminal investigation against the teacher. The department recently dropped that suit after a judge in the criminal case ordered the department be given access to intelligence and investigative reports from Wright’s case.

Wright was a teacher at Lisbon Community School when, on Oct. 12, 2006, he was attempting to handle an “out of control” student, Wright’s Portland lawyer, Gerard Conley, wrote in court papers. Police said Wright had reportedly hit the boy in the face with a shoe.

Police served Wright with a summons for a class D misdemeanor. He pleaded not guilty in 8th District Court in February. The case was later transferred to the county court and was scheduled to go to trial this month before the two sides reached an agreement.

Lisbon school officials filed suit against that town’s Police Department and Androscoggin County District Attorney Norman Croteau.

The town and county prosecutor’s office later agreed to allow school officials access to the reports, which the county had said were confidential and the schools argued were public records. A judge overseeing the criminal case agreed.

A lawyer for the school said in a letter it needed the information in order to conduct its own investigation into Wright’s alleged actions.

Melissa Huey, who represents the school, said the court never ruled on whether the reports she was seeking were, in fact, confidential. But the judge’s order prohibits the school’s attorney from sharing the information publicly or even making copies.

Huey said she could not disclose how the information gleaned from the reports would be used by school officials.

School Administrative Secretary Stephanie Doughty said Wright was still employed by the school department, “as far as I know.”