The parents of an Osceola County elementary school student have filed a federal lawsuit against the county school board, alleging it failed to prevent their daughter’s sexual assault by a classmate in 2024.
Jason Thatcher and Anita Renteria-Thatcher, parents of the minor female – identified in the 19-page complaint as Student A – filed their lawsuit last month against the Osceola County School Board in U.S. District Court for the Middle District of Florida, Orlando Division.
In their lawsuit, they contend the school board was “deliberately indifferent” in its response to the incident and negligent when it breached its duty of care to their daughter, who was a 5-year-old kindergarten student at the time.
“As a direct result of the school board and its staff’s negligence, Student A has suffered severe mental distress, physical harm, and trauma as well as future pain and suffering,” the complaint states.
According to the parents’ filing, a male classmate of Student A’s groped her at Hickory Tree Elementary School on Oct. 24, 2024.
Prior to the incident, she was a “happy, thriving child,” they contend.
The parents argue the school board was aware that the male student – identified as B.C. in the complaint – had physically and sexually assaulted another female classmate the month prior, on Sept. 7, 2024.
“Despite knowledge of B.C.’s prior assaults against a classmate, the School Board failed to take adequate measures to protect students, like Student A, from future attacks by B.C., and failed to provide adequate teacher supervision,” their filing states, noting a temporary teacher had been assigned to their daughter’s classroom.
The parents also noted that after the Sept. 17, 2024 attack, the board offered supporting measures to that victim – including agreeing to move B.C. to a different classroom, i.e. their daughter’s classroom.
But after their daughter’s attack by B.C., they claim the board failed to provide any such supporting measures to their child.
“Jason Thatcher and Anita Renteria-Thatcher requested alternative options to continue Student A’s education in a safe environment by separating Student A and B.C. at school, such as a class schedule modification,” their complaint states.
“The School Board refused to move B.C. away from Student A, into a different classroom, and informed Jason Thatcher and Anita Renteria-Thatcher that if they wanted to keep Student A and B.C. apart, they would have to file paperwork themselves to request that Student A be reassigned to a different school.”
The parents contend they also requested their daughter be provided with counseling; however, the board failed to provide any until the couple reached out to a school board member to complain.
“Counseling services were finally offered to Student A approximately a week and a half after the attack on October 24, 2024,” they noted in their filing.
The school board, the parents argue, also failed to conduct a required Title IX investigation – even though B.C. admitted to law enforcement that he put his hand under Student A’s dress and “touched her buttocks” on two separate occasions.
He also groped her genital region on two other occasions, the parents allege in the complaint.
“Student A had a right to be free from injury while at school. Student A had a right to bodily integrity while at school. Student A had a right to not be subjected to physical or sexual harassment or abuse while at school,” the complaint states.
“School Board owes Student A a duty to reasonably ensure her safety, to include properly training the teachers and staff to deal with students that had known concerns that could affect the safety of others, such as the male student.”
Either school administration did not inform the temporary teacher of B.C.’s “heightened risk factor,” or the teacher was “deliberately indifferent” to the risk, the parents allege.
They seek compensatory, consequential, general, and nominal damages, attorneys’ fees, and pre- and post-judgment interest.
Colling Gilbert Wright PLLC in Orlando and PRKR Law PA in Wekiva Springs, Florida, are representing the plaintiffs in the lawsuit.
