WILKES-BARRE — The mother of two Wyoming Valley West students who filed a federal lawsuit alleging the district failed to protect her kindergartner from being sexually assaulted has now settled the suit, records show.
In a Tuesday court filing, the mother’s attorney, James J. Conaboy, said the parties have reached an agreement and are preparing paperwork to resolve it.
U.S District Judge Joseph F. Saporito Jr. issued an order Wednesday dismissing the case and cancelling an upcoming status conference. The order allows the parties to reinstate the suit if the terms of the settlement are not reached within 60 days.
The suit, filed in July 2016, claimed the woman’s daughter, then a kindergartner at Schuyler Elementary in Kingston, was sexually assaulted in a closet by two male classmates in November 2013.
The mother, who is not being identified to protect her daughter’s identity, said the boys were suspended for only three days and said their presence at the school made for an unsafe environment.
She also said her older daughter, then a fourth-grader, was placed in harm’s way by the boys’ older brothers. The girls were later enrolled at Dana Street Elementary.
This week’s filings do not specify the settlement’s terms.
Attempts to reach Conaboy and William J. McPartland, attorney for the school district, were unsuccessful Thursday afternoon.
Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan