District faces second lawsuit over alleged bus sexual assault

Metro Nashville Public Schools faces the second of two lawsuits for an alleged sexual assault on a special education school bus, according to legal papers filed today.

The family of a nine-year-old male special education student, who’s suffering from autism and mild mental retardation, filed a lawsuit in Chancery Court as part of a legal class of defendants against the district.

They are claiming the student “was sexually assaulted, and forced to perform oral sex on a 19-year-old male, while being transported on the special needs school bus.”

A student as old as 19 could ride a special education bus because, according to Metro Schools’ officials, the district is required by law to provide services to special education students through age 22.

The incident, the lawsuit states, occurred in May of this year while en route from Genesis Learning Center, “a school facility with which [Metro Schools] contracts to provide an appropriate education setting to special needs students.”

Metro Police spokesman Don Aaron recently told The City Paper that police were investigating the incident and were reviewing videotape from the bus, subpoenaed from Metro Schools.

“The police department staffed the case with the child protective investigative team, which also includes the Department of Children’s Services and the District Attorney’s office,” Aaron said. “The case is active.”

The lawsuit was filed two weeks after another family filed a similar suit that claimed their 11-year-old autistic daughter was assaulted on a special education bus en route from J. T. Moore Middle School in October 2006.

Attorney Gary Blackburn of Blackburn and McCune law firm is representing both families. Blackburn told The City Paper several days ago that he could not discuss details of the second case, but did say it was “equal to, or worse than, that relayed by [the family of the 11-year-old girl].”