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posted: 11/6/2013 7:09 PM

Mom sues D303, family claiming her son was bullied

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A woman has sued St. Charles School District 303 and another family, arguing her first-grade son was bullied and later injured by a classmate during recess at Davis Elementary School last fall.

The lawsuit, filed in Kane County court, seeks unspecified damages and argues the two boys were supposed to be separated but were let out together for recess in October 2012.

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According to the lawsuit, the boys were "to be separated at all times while they were on school property" and all Davis staff were told of the policy and informed in writing.

The district also held meetings with the families of each boy to alert them to the policy.

But when the two were let out during a supervised recess Oct. 16, 2012, the first boy was stuck by the other student, causing the first boy to fall and "causing serious and permanent injury to his person," the suit argues.

The lawsuit argues the district and the family of alleged aggressor were negligent in addressing the situation.

Superintendent Don Schlomann said district records indicate the boy, whose mother filed the suit, was 7 and in first grade when the recess incident occurred.

Schlomann said it's his understanding that the boy was at the top of a playground slide when the other student pushed him down so he could go faster. The boy landed awkwardly and broke an arm. The two boys are still enrolled as second graders at Davis, he said.

Schlomann said this week the mother of the injured boy had not contacted his office before filing the lawsuit.

"This lawsuit came as a surprise to us. I understand there are two sides to each story," he said, noting he had spoken with his staff but not yet with the injured boy's mom. "She certainly has a right to pursue this avenue and she obviously has."

Edwin Hull, an attorney representing the mom who is suing, declined to comment.

Schlomann urged parents with bullying concerns to alert school officials.

"We don't want any of our children to feel uncomfortable when they go to school," he said. "We want all our children to have a safe and healthy environment."

The case is due in court Jan. 16. The woman seeks damages from the district, the other family, as well as attorney fees.

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