According to court documents, the 8-year-old girl went to the bathroom on March 22 when a classmate somehow got into the bathroom with her. The lawsuit alleges the boy pulled her off the toilet and kissed her before disrobing him and the girl and attempting to engage in oral sex.

The boy was one of two special education students who had continually bullied the girl during the school year, according to the lawsuit.

The lawsuit states there were four adults assigned to the classroom-- one substitute teacher, one student teacher and two teacher assistants. The substitute and two assistants were out of the classroom at the time of the incident, according to the lawsuit.

The student teacher noticed the boy and girl were missing from the classroom and called out their names, the lawsuit states. When they did not respond, the student teacher told them to come out of the bathroom, according to the lawsuit.

"(The boy) pulled his pants back up. (The girl) was still on the toilet. (The boy) came out first and was fastening his belt. (The girl) came out pulling up her pants," the lawsuit states. "(The student teacher) took them to the office and (the girl) started to cry."

When the students were in the office, the regular teacher was pulled out of a meeting in order to interview the students, according to the lawsuit.

After the girl told the teacher what happened, the teacher said she would call the girl's mother, but instead called the school's interim principal, Lisa Copes, and left a voicemail when she couldn't reach her, the lawsuit states.

It wasn't until the next day, March 23, that the interim principal received the message and asked the girl's mother to come to the school, the lawsuit states.

The girl's mother was told about the incident and the interim principal urged her not to call police, the lawsuit states.

Home school if you can.