ALVIN, Texas (KTRK)– The mother of a boy accused of raping a special needs girl at Alvin High School last fall is asking for privacy ahead of the new school year.
On November 5, 2021, two special needs students had a sexual encounter in the bathroom. Alvin ISD Police stepped in and conducted an investigation.
The girl’s mother took her for a sexual assault investigation and said the nurse found signs of trauma. At that time she was 18 years old.
The then 16-year-old boy told his family’s lawyer, Alberto Ruiz, that it was amicable.
Both students have developmental disabilities and were in special education classes.
The boy’s mother, who asked not to be identified to protect her son, said her son has ADHD, autism and the cognitive abilities of an elementary school student. She said her son knows sex is something boyfriends and girlfriends do.
The girl’s mother, who also declined to be identified to protect her daughter, said she had the mentality of a five or six-year-old and could not read and had limited writing. She said her daughter knew nothing about sex prior to this encounter.
After the sexual encounter, the boy’s mother said he was suspended for three days and his mother said he was no longer allowed to go anywhere unsupervised at school.
“I made it clear from the start that I wanted that to be the case,” the boy’s mother said. “Not because I felt my son was a danger to anyone, but because I felt he was a danger to himself. He doesn’t understand the consequences. He doesn’t understand the danger.”
The girl’s mother said she told the district she didn’t want to leave her daughter unattended either.
The district told ABC13 in an email that none of their care plans included this at the time of the incident. They also confirmed the student’s punishment, saying, “Discipline was administered in accordance with what the law allows in the circumstances of this case.”
Since the sexual encounter, the girl has graduated from high school and is no longer associated with Alvin ISD.
A Brazoria County grand jury declined to bring charges against the boy after reviewing investigations by Alvin ISD and her police department.
Neither the boy nor the girl’s family have received copies of the more than 100 pages of the investigation that have been handed over to prosecutors.
The boy’s mother said she has a meeting with the district next week and expects to get copies then.
ABC13 has also officially requested a copy, but the district is trying to withhold the information. They sent the application for a declaration to the prosecutor.
“I would love for them to sit at the table in front of the news and newspapers or whatever, call whoever, because I don’t have to keep up with lies because my version doesn’t change because of this,” the girl’s mom said.
Alvin ISD emailed the entire district in late July, nearly nine months after the incident, giving a detailed timeline of events, although he did tell ABC13 they could not legally discuss what happened or what followed.
The letter was frustrating for both sets of parents.
“It’s full of lies,” said the girl’s mother. “It’s a joke. It’s full of lies Not once did you mention that it was a sexual assault. It was an issue or an event, and it wasn’t about ‘expectations of their behavior and values’. Their values are to cover up everything that happened so they can get their check. Her expectations…you know, my expectation wasn’t that I would pick up my sexually abused daughter.
“It contained information that suggested the girl had been raped, Ruiz said. “That he had been disciplined, that he had committed an illegal act and that they had done everything they could to protect the girl. What was missing was the fact that the boy wasn’t found guilty enough to be charged with the crime either. He also suffers from developmental delays. That their investigations did not provide sufficient evidence to designate him as a rapist, to identify him as such, or to confirm that a sexual assault took place.”
Ruiz said several times during an interview on Friday that the grand jury rejected a “no bill” because of insufficient evidence.
The Brazoria County Attorney’s Office said it didn’t even know why or how the grand jury reached its decision because all proceedings are confidential.
The letter said the boy would not be returning to school for the 2022-23 school year.
Ruiz and his mother indicated that he intended to return and they planned to discuss this at their upcoming meeting with the district.
The district confirmed that a meeting was held at the mother’s request to discuss his placement.
“We believe that isolating him or further foisting on him the idea that he did something wrong would be detrimental to his mental health,” Ruiz said. “He must be treated as he has always been treated and provide the services he requires.”
Alvin ISD’s district-wide email also mentions that they contacted CPS on the day the sexual encounter took place. DFPS said they did not investigate because the circumstances of the allegations do not fall under the umbrella of their investigation.
The Texas Education Association said they were briefed on the events of Alvin ISD in July 2022.
They said they had sent a cease and desist letter to the girl’s family by registered mail this week to stop them from speaking further about what happened.
“We hope they understand that this family will demand the same respect, just as they don’t want their daughter to be the target of misinformation,” Ruiz said.
As of Friday afternoon, the girl’s family had not received the letter.
The girl’s family remains frustrated with the grand jury’s decision and the district, which they say has handled the situation poorly. They said there was little to no communication with the district.
“If that happened under my watch, I would go to jail for negligence, and rightly so,” the girl’s mother said. “Why are they protected?”
On Friday, Alvin ISD said no staff were reassigned as a result of what happened.
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District-wide ISD email from Alvin regarding rape allegations frustrating for families involved