North Texas family sues charter school over alleged child sexual abuse by teacher

The family of an 8-year-old boy is suing a Little Elm charter school and its principal, alleging they failed to report a disclosure that a teacher sexually abused the child.

The civil lawsuit names North Texas Collegiate Academy and principal Donica Hill. It alleges the school failed to notify law enforcement after the boy documented what he says happened to him in a written statement last December.

The teacher, Eric Moore, was arrested in January and indicted on multiple counts of indecency with a child and sexual assault of a child.

The family's attorney, Zeke Fortenberry, says the boy's written account is especially difficult to read because it captures the experience in the child's own words.

In the statement, the boy wrote: "he was touching my private part, he never said anything, I was shocked and scared…"

Fortenberry read the statement and said it was heartbreaking to see what the child was trying to communicate.

"We don't get to see or read an 8-year-old's words very often, so it's heartbreaking to look at that and understand what he was trying to communicate," Fortenberry said.

The lawsuit says the boy wrote the statement on Dec. 5, reporting that Moore had touched his private parts. It alleges Hill and North Texas Collegiate Academy did not notify law enforcement, report Moore to the State Board for Educator Certification, or take action to supervise him.

Fortenberry said school officials should have contacted law enforcement after learning of the allegations.

"Once a kid has made that disclosure to you that a teacher has touched their private parts, your first call should be to law enforcement," Fortenberry said.

Moore was arrested in January after a second student came forward, accusing him of touching her during "special reading time" in class. According to the arrest affidavit, the alleged incident involving the second student occurred in October.

Fortenberry said the time between the first disclosure and Moore's arrest raises questions about whether the school took appropriate action.

"And so, what happened between December and January, no one knows," Fortenberry said. "That this teacher had unfettered access to children, that these kids had to face him every day in that classroom."

The family said in a statement that the alleged abuse has had lasting effects on their son.

"Our family continues to struggle daily with the consequences of the abuse our son suffered. He is not the same little boy. His life has been forever changed," the family said.

According to the school's website, Hill remains the principal.

CBS News Texas reached out to Hill for comment, but did not receive a response.

The superintendent for North Texas Collegiate Academy said the school had just been notified of the lawsuit and could not comment on pending litigation. The superintendent said the school would respond through legal channels.

Moore's criminal case and the family's civil lawsuit are separate proceedings. The allegations in the lawsuit have not been proven in court. 

Ashley Feldt, an attorney representing Moore, told CBS News Texas in January, when asked about the criminal case, "While we recognize the gravity of the charges and the understandable public concern, these matters are often far more complex than initial reports suggest. It's important to withhold judgment until a more accurate and complete picture of the evidence is developed."

Separate lawsuit filed against Forney ISD

In a separate case, Fortenberry has filed another lawsuit accusing Forney Independent School District and a former elementary school principal of failing to protect a 6-year-old boy with special needs from alleged sexual abuse by a teacher.

The lawsuit names former Crosby Elementary School principal Wendy Bailey and teacher Johnathan Michael, also known as Michael Roell. It alleges Bailey helped Roell get hired under a different name despite knowing about his previous arrest for indecency with a child.

Bailey and Michael have been federally indicted on charges of conspiracy to commit wire fraud and wire fraud in connection with allegations involving the hiring process.

The boy's family is seeking more than $1 million in damages, alleging the district and Bailey failed to protect the child.

CBS News Texas has reached out to attorneys for both Bailey and Michael for comment previously. We have not received responses.