Lawsuit claims 10-year-old special needs child was raped on Taylorville school bus

TAYLORVILLE, Ill. (WAND) - A family is filing a lawsuit after claiming their 10-year-old special needs daughter was raped multiple times on a school bus by a 14-year-old student. 

Chicago-based Disparti Law held a press conference in Springfield with the parents of the child Tuesday, announcing the lawsuit against Taylorville CUSD #3 and Durham Bus Services. 

The family said their child was cornered and sexually assaulted on the school bus and was then followed off the bus stop at the Stonington Community Center. They were then assaulted at least three times in January 2024. 

Ashley and Chadd Peden, the parents of the victim, said they immediately contacted police and filed an order of protection. While they had conversations with the school district on steps to protect their child, the Pedens say it wasn't enough. 

"The decision to take legal action was not made lightly," said Ashley Peden. "It was after exhausting every appropriate channel I could, it was made after watching my daughter's rights be minimized, her voice be silenced and her safety be compromised in a space that promised to do the opposite. Our goal is simple. It's accountability change and a commitment to ensuring that no child has to endure what my daughter has." 

WAND News contacted Taylorville CUSD #3 about the lawsuit but has not heard back. A spokesperson for Durham Bus Services said they cannot comment on pending litigation. 

In the lawsuit, the family is claiming violations of Title IX, violations of the 14th amendment, right to bodily integrity, and negligence by the school district. 

Within a day of learning of the attack, Disparti Law said the family filed an order of protection, a police report, contacted DCFS, and "everybody under the sun in this area in order to rectify what had happened and get to the bottom of what happened." 

Disparti said the case was handed over to Illinois State Police to investigate. The lawsuit claims the school district moved slowly and did not remove the student accused in the attack from the school—instead moving the student to a different area of the same school where the victim was attending. They said the 10-year-old was at risk of running into the other student "at any time." 

Disparti Law said they believe the student suspected of attacking the 10-year-old is no longer at the school "as far as we know." 

Disparti also claims the school district issued statements that question the accounts from the parents and their child on what happened. 

"It was a thoroughly inadequate white-washing job." They claim this left the family "no choice," but to move forward with a lawsuit to achieve closure and justice for their daughter. 

The family is seeking policy change as part of the lawsuit, wanting more serious contemplation of expulsion for students accused of sexual assault, updating the student discipline code to include a different level of discipline for sexual assault between students, and more training for staff on how to spot signs of sexual abuse issues. 

Illinois State Senator Steve McClure joined the family and Disparti Law during a news conference announcing the lawsuit. He called for transparency and change. "This has to be addressed. I'm here to expose this and also try to fight this and make policy changes that will make our state a better place and a safer place for our students," he said. 

McClure co-authored a bill during the most recent legislative session to address protections for students of sexual assault, but the bill didn't make it out of committee.