The family of a young autistic boy who claims fellow students carved a swastika into his back earlier this year has filed a lawsuit against the neighborhood where it allegedly happened.
The nonverbal teen and his mother, identified only as SK and CK in the lawsuits, said the senseless act was committed in March at Clark High School in Las Vegas, and claim the Clark County School District failed to to protect a then 17-year-old. .
The complaint demands that the district pay an unspecified amount so that the teen can attend an outside therapy program, as well as further reimbursement to the family for any costs they incurred.
The lawsuit also claims the teen, now 18, has since been homeschooled and accuses officials of “failure.”[ing] provided [him with] a safe school environment that was free from intimidation, intimidation and bullying.”
The complaint was filed with the Nevada Department of Special Education on Nov. 13. It comes almost a year after the alleged strike, which drew criticism from the Anti-Defamation League.
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It is said that the young, non-verbal boy had a swastika carved into his back by students at his local high school on March 9, leading to the recent lawsuit
The lawsuit claims the Clark County School District failed to protect the then 17-year-old boy at Clark High in Las Vegas, saying he has been homeschooled ever since
“On March 9, 2023, SK came home from school with a swastika carved into his back,” the suit first reported by The New York Poststates.
'[He] refused to enter that specific bathroom after that day,” it continues, referring to the toilet where the alleged assault took place.
“The district denied any knowledge of the incident,” it then states.
'[From] From the beginning, the district failed to provide SK with a safe school environment free from intimidation, intimidation and bullying.”
The lawsuit further claims that after the alleged instance, the boy's “service dog bag was torn and re-sewn” after he was allegedly ambushed because he was Jewish.
In previous statements to the media, the boy's mother said that her son goes to school with an assistance dog.
She also said the boy was non-verbal and was wearing a yarmulke at the time of the alleged attack.
The complaint then points to how, after an internal investigation, Clark County school officials said they found “no evidence that would point to the origin of the [boy’s] injuries,” effectively throwing the family's claims into cold water.
Ziporah Reich, chief litigation officer at the Lawfare Project, helped file the complaint and is one of several handling the now month-long case. She is seen here in an interview earlier this year, after claims about the school's handling of the incident made headlines
The Nov. 13 complaint references how Clark County school officials, after an internal investigation, said they found “no evidence that would point to the origin of the [boy’s] injuries,” effectively throwing the family's claims into cold water
That statement came after a staff review of available surveillance footage, after which several other law enforcement agencies checked the same information and found no evidence to determine the origin of the swastika, the district said.
In reaching this conclusion, the complaint alleges, the district failed to provide the student with an adequate education under the Individuals with Disability Education Improvement Act and the Americans with Disabilities Act.
The family is demanding that the district foot the bill for outside counseling for the teen, as well as damages for the family's suffering and the alleged interruption of the boy's education.
In addition, Ziporah Reich, litigation director at the Pro Bono Legal Service who helped file the complaint, issued a statement on the case.
“This heinous act against a defenseless Jewish student is a stark reminder of the deep-rooted issue of anti-Semitism that persists in our society,” the Lawfare Project attorney said.
“Furthermore,” she added, “the Clark County School District's inability to conduct a proper investigation into this incident is evidence of the systemic apathy that exists toward Jews who are targets of hate crimes.”
Local counselor Lori Rogich added, “I am committed and will do everything I can to help this student and this case.
“I have fought for the welfare and rights of children with special needs in the past and I will always fight against anti-Semitism in all its forms.”
'On March 9, 2023, [the boy] came home from school with a swastika carved into his back,” the suit states. '[He] refused to enter that specific bathroom after that day,” it continues. “The district denied any knowledge of the incident.”
The school district said it does not comment on pending litigation.
The lawsuit comes months after the Orthodox Jewish News Service COLlive.com became the first to report the incident. At the time, the outlet arranged an interview with the child's mother, who said she noticed the symbol that day when her son came home.
She later told The Jewish Press that as soon as she saw it, she wrote an email to a school employee who was tasked with shadowing her son that day.
The mother reportedly asked at the time: “Did he use the bathroom?” Did he have a meltdown yesterday? I would think this would have caused him to have a meltdown.'
The staffer allegedly responded by writing that the boy was “having a good day,” stating that he “didn't have any breakdowns or anything.”
She further insisted that the child “was with me all day” [and] he didn't use the toilet.'
The day after the exchange, the mother claimed the child refused to use the school bathroom, prompting her to file a report with Clark County School District Police.
The Jewish publication YNet News recently reported that the incident, which is being investigated by the FBI, is a “suspected hate crime.” Days later, however, the FBI issued a statement dismissing the outlet's claim, saying only that it was “willing” to dive into the police's ongoing investigation at a moment's notice.
Local investigations later found nothing to substantiate the family's claims. Their lawsuit is still ongoing
As she filed the report – which has since been thrown out – she explained: “The shadow has remained [my son] from the classroom of the past.
'I dropped him off at school once last year and received an email from the teacher and the occupational therapist that he was absent from class.
“I took my son out of school because it is an unsafe environment,” she stated.
After the series of media spots, fellow Jewish publication YNet News falsely reported the incident investigated by the FBI as a “suspected hate crime.”
Days later, however, the FBI issued a statement dismissing the network's claim, saying only that it was “prepared” to intervene at a moment's notice in the police's ongoing investigation.
“We are aware of the incident and are in regular contact with local authorities,” the agency said in a statement in late April.
“If the local investigation uncovers information regarding a possible violation of federal civil rights, the FBI stands prepared to investigate.”
Those local investigations turned up nothing and paved the way for the newly launched lawsuit, which is still ongoing.