School Accused of Covering Up Assaults

ALLENTOWN, Pa. -- Teachers and administrators at Central Elementary School knew they had a problem with F.H., a 12-year-old who had been accused of going into a bathroom stall and sexually assaulting a first-grade boy.

But instead of calling police and removing F.H., district officials covered up the attack and allowed him to remain in class, leading to the sexual assault of three more first-graders, parents say.

The allegations, contained in a $15 million federal lawsuit against the Allentown school system, have created an uproar in Pennsylvania's third-largest city, with outraged parents demanding the superintendent's ouster and state lawmakers working on a legislative fix.

The case has also illustrated how difficult it can be under the law for parents to hold a school system responsible for the safety of their children.

"I'm disgusted," said Yolanda Colbert, 36, whose three children attend Allentown schools. "These 6-year-olds are the most vulnerable, and if adults cannot protect them, we have some serious issues in the Allentown school district."

The district denies wrongdoing and has asked a judge to dismiss the lawsuit. But it has not disputed that assaults occurred, and its legal response has only further inflamed public opinion in one of the state's poorest school districts.

In federal court last month, the district's lawyer, John Freund III, argued that school officials cannot be held responsible under the Constitution simply for failing to protect youngsters from assaults by other students.

He cited federal court rulings that say school systems are generally immune from paying damages unless it can be shown that they actually took "affirmative" steps that put youngsters in danger, and that the action taken "shocks the conscience."

Freund said in an interview that he was making a narrow legal argument, not a generalized statement about the district's responsibility to its youngsters. Various state and federal laws, not to mention "basic morality, common sense and professional duty ... clearly obligate schools to protect students," he said.

But his argument rankled parents.

"I understand there is a civil case, but it still makes me very uncomfortable that a school district would stand up and say under any circumstance, `We don't have to protect our children,'" said Emily Mebust, the parent of a kindergartner.

A judge has yet to rule on the school system's request for a dismissal. No trial date has been set.