Parents of kindergartner sue Bethlehem School District
Say 6-year-old sexually assaulted by another child on school bus
The parents of a 6-yearold Farmersville Elementary student filed a federal lawsuit against Bethlehem Area School District this week, alleging that their son was sexually assaulted by another student on a school bus, and that the district failed to protect the child.
The parents, who are identified only by their initials in the suit, claim the kindergartner was bullied and assaulted numerous times between Oct. 31 and Dec. 23, 2019, by a student who was about a year older.
The kindergartner’s parents say they notified the school in September 2019 that their son was being bullied by the other student and requested the boys be separated and supervised, said their attorney, Michael D. Shaffer.
No steps were taken to protect the child, the suit alleges. The child came forward about the sex assaults in December 2019.
“The Bethlehem School District was on notice of this child’s violent behavior toward my client. Instead of protecting him, they perpetuated the situation by not taking action and allowing these gruesome assaults to occur,” Shaffer said.
Shaffer said he does not know if there is video of the assaults but will seek evidence from school bus cameras as part of the litigation.
The school district’s attorney, Avery E. Smith, declined to comment on the lawsuit.
Bethlehem Township police Chief Dan Pancoast confirmed that a complaint was received Dec. 30, 2019, and investigated.
“The investigation has been completed, but we cannot release additional information based upon the status of those involved,” Pancoast said.
Children under 10 cannot be prosecuted in Pennsylvania.
In the suit, the boy’s parents allege that the school district violated their son’s civil rights by failing to provide protection and supervision on the bus, and by not adequately training its employees. The plaintiffs say their son sustained physical and emotional suffering as a result of the assaults, and will continue to be affected in the future. They are seeking a jury trial and damages in excess of $150,000.