Lupin Hill boys won't be charged in sex incident
By Stephanie Bertholdo bertholdo@theacorn.com

Two 8yearold Lupin Hill Elementary School boys will not be charged with the alleged sexual assault of several children in the school's restroom, the Los Angeles district attorney's office said last week.

"We did not file against either 8-year-old boy because we could not prove that they had the requisite criminal intent necessary to bring a juvenile petition," said Sandi Gibbons, the district attorney's public information officer.

Although the boys won't be charged with a crime, Las Virgenes Unified School District officials are considering expelling them from the district for allegedly assaulting several boys in the Calabasas school's restroom. The Los Angeles County Sheriff's Department cited the youngsters on allegations of sodomy.

The Los Angeles County Sheriff's Department and the Las Virgenes Unified School District will not disclose how many students were allegedly assaulted, but reports indicate the number to be fewer than 10 children, ages 5 to 8. The incident reportedly occurred during recess, at lunchtime and after school over an unspecified period of time.

Adam Sacks, an attorney representing one of the accused boys, a third-grader, petitioned the school district to assess whether the child requires special education services. The request postpones the expulsion hearing, Sacks said.

Expulsion is what Sacks and his client's parents want to avoid. Sacks said the incident has been overblown and that the boys were simply "playing doctor" and never assaulted any children. No information has been made available concerning the second boy who was allegedly involved.

Mary Schillinger, assistant superintendent of education for the school district, conducted a meeting Nov. 5 with Sacks, the parents of the boy he represents, and school district attorney Michael Blatcher.

In a record of the meeting, Schillinger confirmed that the boy had been suspended and is currently enrolled in the district's independent study program.

If the child is found to need special education services the school district will be responsible for providing them. If an assessment team finds that the student doesn't require special education services, the expulsion hearing will "kick back in," Schillinger said.

The boy will be assessed by a school psychologist, resource specialist, special education teacher, a nurse and possibly a speech therapist, Schillinger said.

California's education code outlines 13 areas that special education professionals consider when evaluating a child. Emotional disturbance is listed, although Schillinger said children with emotional or behavior problems don't necessarily qualify for special education services.

"At this point, I'm not recommending that he return to Lupin Hill," Schillinger said at the meeting. But she warned that nobody should "jump the gun," because the best placement for the child will be determined after he is properly assessed.

"It's premature to talk about options," Schillinger said.

The boy's father wondered if his son could be placed in a neighboring school district.

Sacks said an expulsion will mark his client no matter what school he attends. "But we need to be forthcoming with the next school," he said.

In a subsequent interview, Schillinger said the Las Virgenes district offers a "continuum of placements- some within the district, some out."

What's next depends on the outcome of the assessment. The family may sue the school district to stop the expulsion of their child, and Sacks said the school will be implicated for inadequate supervision of the restrooms.

"I hope the parents seek counseling for all the children involved," said Sgt. Dan Scott of the sheriff's Special Victims Bureau.

Scott oversaw the investigation of the incident, but has not released the report.