ALVIN, Texas (KTRK) -- The parent of a lad accused of raping a peculiar needs miss astatine Alvin High School past fall is asking for privateness up of the caller schoolhouse year.
On Nov. 5, 2021, 2 students with special-needs had a intersexual brushwood wrong the bathroom. Alvin ISD constabulary got progressive and conducted an investigation.
The girl's parent took her for a intersexual battle exam and said the caregiver recovered signs of trauma. At the time, she was 18 years old.
The boy, who was 16 years aged astatine the time, told his family's attorney, Alberto Ruiz, that it was consensual.
Both students person developmental disabilities and were successful peculiar acquisition classes.
The boy's mother, who did not privation to beryllium identified to support her son, said her lad has ADHD, Autism and has the cognitive abilities of an simple schoolhouse student. She said her lad knows that enactment is thing boyfriends and girlfriends do.
The girl's mother, who besides did not privation to beryllium identified to support her daughter, said she has the mentality of a 5 oregon 6-year-old and cannot read, and has constricted quality to write. She said her girl did not cognize thing astir enactment anterior to this encounter.
Following the intersexual encounter, the boy's parent said helium was suspended for 3 days, and his parent said helium is nary longer allowed to spell unsupervised anyplace successful the school.
"From the precise beginning, that is thing I expressed them that I wanted that to beryllium the case," the boy's parent said. "Not due to the fact that I felt similar my lad was a information to idiosyncratic but due to the fact that I felt similar he's a information to himself. He doesn't recognize consequences. He doesn't recognize danger."
The girl's parent said that she told the territory she did not privation her girl to beryllium unattended either.
The territory told ABC13 successful an email that it was not portion of either of their attraction plans astatine the clip of the incident. They besides confirmed the student's punishment and said, "Discipline was fixed successful accordance to what the instrumentality allowed wrong the circumstances of this case."
Since the intersexual encounter, the miss graduated from precocious schoolhouse and nary longer is associated with Alvin ISD.
A Brazoria County Grand Jury declined to record charges against the lad aft reviewing the probe done by Alvin ISD and their constabulary department.
Neither the lad nor the girl's household has received copies of immoderate of the much than 100 pages of probe turned implicit to the territory attorney's office.
The boy's parent said she has a gathering with the territory adjacent week and anticipates getting copies then.
ABC13 officially requested a copy, arsenic well, but the territory is trying to withhold the information. They sent the petition to the Attorney General's Office for a ruling.
"I would emotion for them to beryllium astatine the array successful beforehand of quality and papers oregon whatever, telephone whoever, due to the fact that I don't person to support up with lies due to the fact that my mentation doesn't alteration due to the fact that this is what happened," the girl's parent said.
Alvin ISD sent retired an email districtwide astatine the extremity of July, astir 9 months aft the incident, giving a elaborate timeline of what happened, contempt telling ABC13 they could not legally sermon what happened oregon what followed.
The missive was frustrating to some sets of parents.
"It's afloat of lies," the girl's parent said. "It's a joke. It's afloat of lies. Not erstwhile did they notation it was a intersexual assault. It was a substance oregon an event, and it didn't spell to the 'expectations of their behaviour and their values.' Their values are to screen up immoderate happened truthful they tin get their check. Their expectations... you cognize my anticipation wasn't that I would beryllium picking up my girl sexually assaulted."
"It contained accusation that indicated that the miss had been raped, Ruiz said. "That helium had been disciplined, that helium did a wrongful enactment and that they had taken each measurement to support the girl. What it lacked was the information that the lad was besides not recovered blameworthy capable to beryllium charged with this crime. That helium besides suffers from developmental delays. That their probe did not crook up capable grounds to telephone him a rapist to statement him arsenic specified oregon to verify a intersexual battle occurred."
Ruiz said respective times during an interrogation connected Friday that the Grand Jury returned a "no bill" due to the fact that of insufficient evidence.
The Brazoria County DA's Office said they are not adjacent alert of wherefore oregon however the Grand Jury arrived astatine their determination due to the fact that each proceedings are confidential.
The missive indicated the lad would not beryllium returning to the schoolhouse for the 2022-23 schoolhouse year.
Ruiz and his parent indicated that helium intended to return, and they planned to sermon it successful their upcoming gathering with the district.
The territory confirmed that a gathering was happening, per the mother's request, to sermon his placement.
"We judge it would beryllium detrimental to his intelligence wellness to isolate him oregon to further propulsion the conception to him that he's done thing wrong," Ruiz said. "He needs to beryllium treated similar helium was ever treated and provided the services helium requires."
The districtwide email from Alvin ISD besides mentions that they contacted CPS connected the time that the intersexual brushwood happened. DFPS said they did not analyse due to the fact that the circumstances surrounding the allegations bash not autumn nether the umbrella of what they look into.
The Texas Education Agency said they were alerted to what happened by Alvin ISD successful July of 2022.
They said they sent cease and desist missive to the girl's household done certified message this week to support them from continuing to speech astir what happened.
"We anticipation that they recognize that conscionable similar they would not privation their girl to beryllium targeted by misinformation, this household would petition the aforesaid respect," Ruiz said.
As of Friday afternoon, the girl's household had not received the letter.
The girl's household remains frustrated by the determination of the Grand Jury and the district, who they judge has handled the concern poorly. They said determination had been small to nary connection with the district.
"If this happened connected my watch, I would spell to jailhouse for negligence, and rightfully so," the girl's parent said. "Why are they protected?"
As of Friday, Alvin ISD said nary unit members person been reassigned arsenic a effect of what happened.
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