Parents claim HISD cover-up in son's alleged rape

Parents claim HISD cover-up in son's alleged rape

Suit says autistic boy, 13, attacked at summer school

By HARVEY RICE

Copyright 2004 Houston Chronicle

The parents of a developmentally disabled, autistic boy filed a federal lawsuit Monday accusing HISD of covering up an investigation into allegations that he was sodomized during a summer school program two years ago.

"It's frightening knowing whoever hurt my child is around other people's children," said the boy's 40-year-old mother.

The Houston woman and her 47-year-old husband allege in their lawsuit that their son was attacked a day before his 14th birthday while attending Camp We All summer school at Waltrip High School.

The boy is unable to communicate because of his handicaps and could not tell his parents or investigators what happened.

The lawsuit alleges that the Houston Independent School District failed to provide information that would have allowed investigators to determine who took the child out of the classroom that day.

HISD spokeswoman Adriana Villarreal said she could not comment because the school district hasn't received a copy of the lawsuit.

Estella Olguin, spokeswoman for Harris County Children's Protective Services, said the school district cooperated with a CPS investigation and conducted its own investigation.

The CPS investigation concluded that a preponderance of evidence showed that the boy was raped.

The boy was agitated and disruptive during a computer lab the day of the alleged assault so an assistant principal gave permission for him to be taken out of the class for a walk, according to the CPS report.

The report also said bruising on the boy's wrists appeared to show that he was held down and a bruise on his outer thigh appeared to be caused when he was pinned down.

The plaintiffs' lawyer, Randal Kallinen, said his clients notified the school district the day of the alleged assault. They want to know why the school district was unable to determine what happened to the boy when he was taken from the classroom, he said.

"Are they saying that a few hours later no one knows who took him out of the classroom?" Kallinen asked.

Houston Police Department spokesman Alvin Wright said the case was inactive but open. Police were unable to identify a suspect because the victim is unable to communicate and no DNA evidence was found, Wright said.

Kallinen said the parents hope to force the school district to change its policies to ensure that other disabled children won't be subjected to sexual abuse.

The lawsuit seeks unspecified damages.