RCSD facing possible lawsuit after 5-year-old left outside School 39
ROCHESTER, N.Y. — The Rochester City School District is facing a possible lawsuit.
The family of the five-year-old boy who was left outside School 39 back in September has filed a notice of claim. The family’s lawyer spoke exclusively with News10NBC’s Stephanie Duprey.
“Will the school district do what it expects a student to do and accept responsibility and try to right the wrong?” said Robert King, the family’s attorney. “Or are they going to try and blame a 5-year-old kid?”
- Teacher no longer employed at RCSD after 5-year-old was left outside School No. 39 (Oct. 25)
- A kindergartner wanders away from school. Has RCSD changed its policies following the 2018 death of Trevyan Rowe? (Oct. 21)
- Police, district investigating after boy, 5, left outside alone at School No. 39 (Oct. 20)
King Law asked us to stop using the child’s name because of the investigation and the fact that he’s a minor. That little boy was left outside School 39 back in September. He walked a mile off the property for help. His family is demanding answers.
“We filed a notice of claim against the Rochester City School District, saying that they did not meet the standard of care for a five-year-old child who was in their care,” King said.
That notice of claim was filed last week. That claim legally has to be served within 90 days.
“We’re telling you we intend to bring in action against you,” King said. “They were obviously already on notice because of the stories of Channel 10.”
As we reported, the teacher is no longer employed with the Rochester City School District. But there are still many unanswered questions.
“What led to that, we will certainly find out,” King added. “We’re very interested to find out. I’m sure the district will turn over all the evidence they have. They’re required to do that.”
When it comes to the child, King says this incident could change his life forever.
“He will never forget that day, walking around the city of Rochester wondering is he going to be OK?,” King said. “Who’s going to take care of him? That’s the first month of his education. How’s that going to impact his life not only today but 20 years from today?”
We reached out to the district and its lawyer for comment. It said, “Because there is pending litigation, the district has no comment.”
We asked the city school district for the footage from the cameras on the school.