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Blair said the boy could not be punished because he had not been caught in the act, the brief reads.

School policy requires allegations of student-on-student misconduct be substantiated.

A few days later, June Simpson, a teacher's aide at the Huntsville-area school, told the principal, Ronnie Blair, that the boy had repeatedly tried to convince girls to have sex with him in the boys' bathroom on the special needs students' corridor and had actually had sex with one student, according to the brief.

The boy and his alleged sexual partner denied having sex in the bathroom, but Simpson recommended the boy be constantly monitored, according to the brief.

The boy claimed he had only kissed her, according to the brief.

Attorneys: Boy had a long history of serious misconduct The girl was uncommunicative after the incident, Artrip said.

A 14-year-old girl with special needs allegedly was raped at school after a teacher's aide persuaded her to act as bait to catch an accused sexual predator, a fellow student. Department of Education filed an amicus brief Wednesday supporting her family's federal lawsuit against the Madison County School Board in Alabama. Court of Appeals for the Eleventh Circuit in Atlanta will decide whether to accept the argument.

When the girl told Simpson, she encouraged the girl to meet (the boy) in the bathroom where teachers could be positioned to catch him in the act' before anything happened, according to the brief.

The girl initially refused, but then agreed, according to Artrip.

If this was problematic for the administration it would have been better to express that on the front end instead of the back end, said attorney Mc Griff Belser III, who represents Simpson.

The girl left Dunaway's office, found the boy in the hallway, and agreed to meet for sex, according to the brief. Instead of meeting in the boys' bathroom on the special needs students' corridor, the boy told the girl to meet him in the sixth-grade boys' bathroom, in another part of the school, according to the brief.

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