Los Angeles police are investigating the alleged sexual assault of a seventh-grade boy by another male student at the Barack Obama Global Preparation Academy.

The incident allegedly took place during gym class earlier this month, according to Yahoo!. Authorities have only identified the victim as Julian, but indicate he is a special needs student at the school and only has the mental capacity of six-to-eight year old.

The boy’s parents have announced plans to sue the school district and at a press conference an attorney for the family said the boy’s physical education teacher left him unsupervised during the class. The alleged assailant, an unidentified eighth-grade boy, then lured Julian behind a set of bleachers and sexually assaulted him.

“How was he wandering throughout the school, running around, recruiting another boy to have sex with him behind a bleacher?” said Brian Claypool, the family’s attorney. “Does anybody at LAUSD care where the kids are during a class?”

Julian’s mother added she filed a complaint with the school some two months earlier because she feared her son was being bullied, but school officials did little in response. Both parents now argue that school officials should face criminal charges for criminal child endangerment.