In the Fort Bend community, a local mother’s legal battle against Fort Bend Independent School District (FBISD) concerning the alleged sexual assault of her special education daughter is on the doorstep of the nation's highest court. The mother's lawsuit claims the district failed to uphold its duty, leaving her daughter vulnerable to attacks by a classmate with a history of violence. Both children had Individualized Education Programs (IEPs) in place, which mandated constant supervision, yet these precautions were reportedly breached, according to court documents cited by KPRC 2.
The victim, an intellectually disabled girl adopted from an orphanage in China, endured an assailment twice by the same peer—a student who was also required to be under continuous surveillance due to a record of aggressive and sexually violent behavior. This reality unfolded at James Bowie Middle School within the boundaries of FBISD, "She had a hard start to life. She was left on the side of the road in China and put into an orphanage," the mother said in an interview obtained by KPRC 2.
These legal documents are intended as a staunch safeguard, yet in this instance, they may have failed to prevent the girl from being exposed to harm when she was allegedly sexually assaulted outside of the classroom—the very circumstance the IEPs were designed to mitigate, as detailed in the lawsuit.
After the Federal Appeals Court in the 5th Circuit sided with the FBISD, calling for the case’s dismissal and noting the circuit's historical omission of a "state-created danger" exception, the mother’s attorney is prompting the U.S. Supreme Court to weigh in. "The school’s protected, they’re in a protective bubble. I think that they at least need to go to trial and be held accountable and let somebody else decide if they did something wrong or not," the mother told Chron.com. The legal team asserts that the district knew the boy posed a potential danger and claims that by neglecting the IEP, they are responsible for creating the perilous situation.
Fort Bend ISD's legal representatives counter by arguing that a public school does not have a special relationship with students that mandates protection from private violence. However, the mother and her advocates look to the Supreme Court for clarity.
