13 WTHR - Indianapolis News |Dept. of Education powerless in middle school sex incident

Dept. of Education powerless in middle school sex incident

Sandra Chapman/13 Investigates

March 16 update: The superintendent of Warren Township Schools met with concerned parents this week. See the story.

Indianapolis - When a school breaks the public trust, there is almost nothing the Indiana Department of Education can do. There is more fallout in Warren Township, where state educators say sex in school is not their business.

The mission at Raymond Park Middle School is to help students become accountable, self-directed problem solvers and communicators - lessons parents say the Warren Township school administration has failed miserably.

"If you would just say up front this is what happened what can we do about it, fine, we'll deal with it," said Tracy Weber, Warren Township parent.

"Now it looks bad for the entire township," said Jackie Stevens, a parent.

School leaders including Principal Kathy Deck refuse to answer community concerns about a classroom where two middle school students engaged in sexual activity with other students possibly looking on. The fallout is getting louder. 13 Investigates' story was picked up by MSNBC on Thursday.

"Neither the superintendent of the district nor the president of the school board has made an on camera statement about this," said Amos Brown, local radio host.

Talk shows from Indianapolis to New York are watching with dismay. Even the State Department of Education is on the outside looking in.

"Indiana is a very strong local control state and the General Assembly expects the school districts to be able to address concerns of their constituencies without having to report to any higher administrative entity. That means us," said Kevin McDowell, Indiana Department of Education.

The only time sex at school comes to the state's attention is when special education students are involved. Not even the thought of other children witnessing the act could prompt the state to take action.

"This doesn't pose any danger to the other students even if they did see it," said McDowell.

"It's definitely something that we would say go ahead and report," said Susan Tielking, Department of Child Services.

The Indiana Department of Child Services confirms an average of 20,000-thousand cases of abuse and neglect each year -- including cases involving children watching porn or worse yet the real thing. The agency confirms the Raymond Park incident was reported.

"We do have an open investigation. However details of the report are all confidential," said Tielking.

The report is still within the 90-day investigative period, meaning it possibly came in some time in December. School officials initially told 13 Investigates the incident happened in November, but in their written statement they said last semester.

Investigators with Child Protective Services are questioning school administrators, the teacher and the students who may have witnessed the incident. If they substantiate what they consider neglect or abuse, the case will go to the Marion County Prosecutor.

The agency will also check to see if the school reported the case immediately or within the required 24 hours.

The school operations manager says there isn't a school police report. In fact, he says he had to ask administrators what this case was all about.

If you suspect cases of student abuse or neglect, contact CPS at 1-800-800-5556.

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