ORANGE COUNTY, Fla. – The school board of Orange County is facing a lawsuit over allegations a kindergartner was sexually assaulted by another student during a P.E. class. The girl’s family is now seeking monetary damages, claiming the school failed to protect her.
News 6 obtained a copy of the complaint filed in the United States District Court Middle District of Florida Orlando Division on Tuesday. The document stated the assault happened in 2019 while the girl attended Dream Lake Elementary in Apopka. Attorneys representing her family said another student lured their daughter into the bathroom during P.E. class.
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The complaint stated the school knew the boy had a history of “committing lewd and lascivious acts on others.” He was administered a Section 504 disability accommodation plan under the federal Rehabilitation Act, requiring an adult to monitor him, according to court documents. Attorneys for the victim said the boy was allowed to play with the girl unsupervised during a physical education class, which violated the mandated 504 plan.
Morgan & Morgan attorneys Ultima Morgan, Adria Lynn Silva and Ryan C. Rodems released a statement Thursday saying in part, “the alleged failure of the School Board of Orange County to follow their own procedures allowed a young child to be sexually assaulted, which caused severe mental, emotional and physical injuries.”
The lawsuit alleged the school did not immediately notify the child’s parents or authorities about the assault. The family’s attorneys claimed her parents found out about it months later when their child mentioned she was interviewed at school.
The complaint said the boy was allowed to stay at the school where he continued to cross paths with the victim. Her lawyers said it created a “hostile educational environment” following the assault, and she was forced to transfer schools.
Her family said her education and well-being have been impacted by this event. They seek monetary damages for violations of Title IX, attorney’s fees and costs, and “any other relief deemed just and appropriate.”
News 6 reached out to the school board of Orange County for comment. We are waiting for their response.
You can read the entire lawsuit below; as a warning, this document contains material that may be sensitive to some viewers, so discretion is advised.
School Board of Orange County Complaint by Thomas Mates on Scribd