Areawide Alvin ISD emails regarding rape allegations are disappointing to the families involved

ALVIN, Texas (KTRK) – The mother of an accused boy raped a special needs girl at Alvin High School last fall is asking for privacy ahead of the new school year.

On November 5, 2021, two students with special needs had a bathroom intercourse. Alvin ISD police stepped in and launched an investigation.

The girl’s mother took her for a sexual assault test and said the nurse found signs of trauma. At that time, she was 18 years old.

The boy, then 16, told the family’s attorney, Alberto Ruiz, that it was consensual.

Both students have developmental disabilities and have taken special education classes.

The boy’s mother, who did not want to be identified to protect her son, said her son has ADHD, Autism and has the cognitive abilities of an elementary school student. She said her son knows that sex is something that boyfriends and girlfriends do.

The girl’s mother, who also did not want to be identified to protect her daughter, said the girl had the mentality of a 5- or 6-year-old, could not read and had limited writing ability. She said her daughter knew nothing about sex before the accident.

After the sexual encounter, the boy’s mother said the boy had been suspended from school for three days, and the boy’s mother said that the boy was no longer allowed to go anywhere without supervision at school.

“From the very beginning, that’s what I told them I wanted,” the boy’s mother said. “Not because I feel my son is a danger to someone, but because I feel he is a danger to myself. He doesn’t understand the consequences. He doesn’t understand danger.”

The girl’s mother said that she told the district that she also did not want her daughter to go missing.

The district told ABC13 in an email that it was not part of its care plan at the time of the incident. They also confirmed the student’s punishment and said, “Discipline was given in accordance with what the law allows in this case.”

Since the sexual encounter, the girl has graduated from high school and is no longer associated with Alvin ISD.

The Brazoria County grand jury declined to charge the boy after reviewing the investigation conducted by Alvin ISD and their police department.

Neither the boy nor the girl’s family received copies of any of the more than 100 pages of the investigation forwarded to the district attorney’s office.

The boy’s mother said she has a meeting with the school district next week and expects to receive copies later.

ABC13 also officially requested a copy, but the district is trying to withhold the information. They sent a request to the Attorney General’s Office for a ruling.

“I would love to have them sit at the table in front of the news and papers or whatever, call anyone, because I don’t have to carry on with the lies because my version doesn’t change because this is what happened,” the girl’s mother said.

Alvin ISD sent a countywide email in late July, nearly nine months after the incident, giving a detailed timeline of what happened, though told ABC13 they were unable to discuss legally discuss what happened or what came next.

The letter angered both sets of parents.

“It’s full of lies,” said the girl’s mother. “It was a joke. It was full of lies. Not once did they mention it was a sexual assault. It was a problem or an event, and it didn’t come down to ‘expected behavioral and their values”. Their value is to cover up whatever happened so they can check.

Ruiz said: “It contained information indicating that the girl had been raped. What is missing is that the boy is not guilty enough to be charged with this charge. That he was also retarded. That their investigation had not produced enough evidence to call him a rapist to label him as such or to verify a sexual assault had occurred. “

Ruiz said several times in an interview on Friday that the Grand Jury returned “no bill” because of insufficient evidence.

The Brazoria County DA’s office said it doesn’t even know why or how the grand jury made its decision because all proceedings are confidential.

The letter said the boy would not return to school for the 2022-23 school year.

Ruiz and his mother said he intends to return, and they plan to discuss that at an upcoming meeting with the district.

The district confirmed that a meeting was taking place, at the mother’s request, to discuss his placement.

“We believe it would be bad for his mental health to isolate him or further promote the notion that he did something wrong,” Ruiz said. “He needs to be treated like he has always been treated and provided the services he requested.”

The district-wide email from Alvin ISD also mentions that they contacted CPS on the day the sexual encounter occurred. DFPS said it is not investigating because the circumstances surrounding the allegations are not within the scope of what it considers.

The Texas Education Agency said it was alerted to what happened by Alvin ISD in July 2022.

They said they sent cease and desist letters to the girl’s family via certified mail this week to prevent them from continuing to talk about what happened.

“We hope they understand that just as they don’t want their daughter to be the target of misinformation, this family will ask for the same respect,” Ruiz said.

As of Friday afternoon, the girl’s family still had not received the letter.

The girl’s family remains disappointed by the decision of the grand jury and the school district, who they believe handled the situation poorly. They said there was little or no communication with the district.

“If this happened to my watch, I would go to jail for negligence, and rightly so,” the girl’s mother said. “Why are they protected?”

As of Friday, Alvin ISD said no staff members have been reassigned due to what happened.

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