HOUSTON – A lawsuit has been filed in the case of a 6-year-old boy who was allegedly sexually assaulted by an 11-year-old on an Aldine Independent School District bus in February.
Attorneys B’Ivory LaMarr and S. Todd Yeary announced the filing Thursday in a news conference on behalf of the child’s mother named Toya, who KPRC 2 has decided not to identify due to the sensitivity of the subject.
Yeary said the lawsuit was filed due to the district’s “significant failure in protecting the safety and the educational interests of a minor child while riding one of the district’s school buses.”
Attorney LaMarr said the district has not shown the accountability the case deserves.
“This case involves a minor, a 6-year-old at the time, who was violated on not one attempt or one occasion but several times,” LaMarr said.
LaMarr claimed that three of the assaults were captured on bus video. He said the district failed to monitor the videos or take corrective action.
“Here we are with a 6-year-old who now has a lifetime of injuries and treatment that he’s likely going to have to suffer as a result of the negligence and, as Attorney Yeary said, almost criminal indifference that we believe that this school district has responded in this matter,” LaMarr said.
According to LaMarr, criminal charges were filed against the 11-year-old but the district’s “direct negligence” and “deliberate indifference” were constitutional violations against the victim.
“We’re looking for accountability. This family has to deal with these issues. The minor child is dealing with these issues every single day,” LaMarr said. “If we just do a quick comparison of what we’re seeing around our country and entertainment space regarding sexual allegations that are coming out 20, 30 years later, imagine this 6-year-old and what his life is gonna be like going forward. This is an individual that had the world ahead of him, lots of opportunity. He was in an accelerated program for education and now, we have strong concerns on the educational detriments that he’s going to receive going forward.”
At Thursday’s news conference, Toya said she had an “overwhelming sense of disgust, hurt and pain,” revealing that the dynamics in her household have changed since her son told her about the abuse.
“I’m here today to express my deep disappointment in the school district. How is it possible that they failed my child? How is it possible that they failed to protect him? How could they drop the ball on ensuring the safety and the well-being of all children, not just mine, under their care?” Toya asked. “These are the constant questions that linger in my mind on a daily basis, adding to the torment that I feel as a mother that I failed to be able to protect my child in a place that I sent him. Nobody thinks about a bad person being another child on a bus.”
Toya said she trusted the district with her child but “they failed me.”
“What happened to my child on that day is unforgivable,” the mother said. “It’s my duty to seek answers. It’s my duty to seek justice. It’s my duty as a mother to seek accountability for everybody that was involved that failed my son.”
According to Toya, her son has exhibited behaviors that he’s never displayed before the alleged incidents.
“My son had never missed a day of school since he was 3 years old. Now I have days that I have to leave him home because he has the traumas,” Toya said.
“When I got this information, I was mortified because one, this is a school district who has a superintendent who was the top superintendent in the state of Texas and this has happened on her watch,” activist Candice Mathews said during the news conference. “This is totally unacceptable.”
In March, Toya told reporter Mario Diaz that her son has been traumatized due to this incident. She said she felt helpless that she could not protect the child and was disappointed about the district’s lack of communication with her about how the incident occurred.
In March, Toya and her attorneys called for the resignation of officials in the transportation department, Lola Mae Carter Academy and Impact Leadership Academy at Wilson.
After the March news conference, KPRC 2 Investigates spoke with Sheleah Reed, who serves as the Chief of Staff and Chief Communications Officer at the district. Reed said the district has added additional bus monitors to additional routes, retrained their staff and they’ve reviewed training on policies and procedures, student discipline, and student safety. The district said they also have been reviewing bus videos more often for safety.
While district leaders did admit that they could have communicated the changes to the boy’s mother, Reed said the staff has since been in communication with her.
Aldine ISD sent KPRC 2 the following statement Thursday in response to the lawsuit:
“The safety and security of our staff and students is always the priority of Aldine ISD. While student privacy laws limit what information we can provide, we can share that as of 11:30 a.m. Aldine Independent School District has not been served with a lawsuit and has not received notice that a lawsuit has been filed related to any transportation issues or incidents involving students. As a reminder, an investigation by Aldine ISD PD and district officials immediately began on Wednesday, Feb. 1, 2023 after district administration became aware that an incident occurred on a district bus involving two of our elementary-age students. Following the conclusions of the criminal investigation, Aldine ISD PD presented its findings to the Harris County District Attorney’s Office, who charged the accused student with three counts of aggravated sexual assault. At the same time, Aldine ISD conducted an administrative investigation, which has resulted in more bus monitors, who assist with student safety and discipline, being added to additional bus routes. Bus drivers and staff of the Transportation Department also engaged in staff retraining and a review of current protocols and practices related to student incidents. Most importantly, we committed and continue to provide essential services and support to the students involved to ensure they are able to successfully continue their education.”
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