An 11-year-old sixth-grader was allegedly sexually assaulted in a restroom by a group of students and suffered head and stomach injuries, according to a pending $5 million lawsuit notice filed against the school district. The notice, sent to the Kansas City, Kansas Public Schools Board of Education, says the attack happened in April even though administrators had already closed several restrooms over prior behavioral and safety problems.
According to KCUR, the notice accuses Kansas City, Kansas Public Schools of failing to prevent the alleged attack, in part by not stationing adult monitors outside bathrooms where the district was already aware of previous issues. Those monitors, per the lawsuit notice, were supposed to be posted specifically to prevent this type of incident. KMBC reporter Andy Alcock has said previous bathroom problems existed at the school and that adult monitors were supposed to be stationed outside the restrooms, a detail that echoes the notice's core claim about foreseeable risk.
Filing a formal written notice of claim is a required legal step before a lawsuit against a Kansas school district can move forward. Under Kansas Statutes Annotated ยง 12-105b, anyone seeking to sue a Kansas school district or municipality must serve that written notice on the governing body before a case can officially be initiated in district court. That means the $5 million figure represents a claim, not yet an active courtroom lawsuit.
Attorney Says Boy Is Still In Counseling
Plaintiff attorney David Smith said the 11-year-old victim remains in active mental health counseling and continues to experience daily fear following the physical and sexual assault, a detail included in the notice filed on the family's behalf. KCUR reports that Kansas City, Kansas Public Schools board members were not made aware of the incident when it happened, and that a board member has described a broader pattern of poor communication from district administration.
Eisenhower Middle School is identified on a DonorsChoose page, according to DonorsChoose. The district maintains its own police department to patrol its campuses.
Officers Have Accused District of Hiding Safety Problems
The allegations surface amid separate turmoil inside that police force. Some Kansas City, Kansas Public Schools police officers have accused the district of failing to appropriately address and communicate about safety incidents, according to KCUR. In June, a Kansas City, Kansas, school police deputy chief said he was being fired after an internal-affairs investigation, according to footage reviewed on YouTube.
Police Chief Chad Whiteman also resigned. The district's police force has faced continued scrutiny.
Federal Lawsuit Adds to District's Legal Pressure
The restroom assault notice landed the same week the district found itself facing a separate, unrelated legal fight. On September 1, the U.S. Department of Justice filed a federal lawsuit against Kansas City, Kansas Public Schools in U.S. District Court, alleging district policies violated federal parental rights and privacy statutes, according to the U.S. Department of Justice.
The district has also been navigating other issues this year. Open questions remain about what internal disciplinary action or law enforcement referrals, if any, followed the alleged April 30 attack at Eisenhower Middle School.
