HOUSTON -- A grandmother is upset after her grandson's rapist is allowed to return to school. She says her grandchild was only four years old when he was attacked at school by a 13-year-old student.
Diana Hamm said her four-year-old grandson was raped twice by a 13-year-old boy on the Clear Creek ISD elementary school campus.
The teenager was on campus because his mom is a teacher there.
"He's a big guy. He is almost 200-pounds,” said Diana Hamm. “It was quite brutal. We certainly would have never seen it coming.”
The sexual assault was captured by the school’s surveillance cameras.
“And the young man pled guilty to a first degree felony, not only for the rape in the bathroom, but the rape on the gym floor,” said Hamm.
In January, the teen was sentenced to two years of probation.
Hamm said the penalty wasn't enough, but explained what upsets her most is that the 13-year-old boy is back in a Clear Creek ISD school.
“Unfortunately, they way it's setup, they actually get more protection than the victims themselves,” Hamm said.
Hamm said the sex offender is attending regular classes with other students, which makes her wonder how many juvenile sex offenders are out there.
“You cannot protect the other children unless you know who they are or segregate them away from the general public,” said Hamm.
Hamm believes the 13-year-old should be attending an alternative school or be banned from the district all together.
Clear Creek ISD cannot comment on this specific case, but said it follows strict guidelines on whether they allow an offender back in regular classes.
The juvenile justice system is designed to give young people a second chance, but Hamm believes parents have the right to know if a convicted sex offender goes to their child's school.
Hamm’s grandson is now going to kindergarten and is receiving therapy.
The Clear Creek ISD released the following statement on Monday:
“In the Clear Creek Independent School District, our top priority is to provide students a safe and effective learning environment every day. We, as individuals and as a school district, share in the concern for the safety of all children. While we cannot discuss details surrounding this case as it involves two children, it is important to clarify the district’s procedures and policies. It is also important to inform the public that this particular incident did not occur during the school calendar year or during school sponsored activities.
“Minors convicted of a sexual offense are placed in an Alternative Education Placement environment consistent with the Texas Education Code. This facility is separate from a campus and is located in a different location. By law and by practice, CCISD can provide general education services to those minors convicted of certain serious offenses until graduation.
“The only exception to this practice is governed by Federal law. This exception is in reference to students with disabilities, and applies in cases where his/her disabilities have been determined to play a role in their actions. Federal law prohibits school districts from placing students with disabilities in an Alternative Education Placement for more than 45 days. Following the 45 days, the student is then placed on his or her regular campus and other measures are taken to ensure that the student receives appropriate special education services and is adequately supervised in accordance with any applicable court orders.
“CCISD provides annual training for all staff and have a number of policies and procedures in place to protect students and visitors to our campuses. With respect to this particular situation, law enforcement was notified and the district has complied with all of its legal obligations throughout this process, including handling discipline of the student.”