(KTLA) — The family of a student with special needs who was allegedly raped at a Los Angeles middle school during a physical education class planned to sue the Los Angeles Unified School District, an attorney for the family announced Monday.

Attorney Brian Claypool said the 13-year-old seventh-grader was left unsupervised back in early June at Barack Obama Middle School when he was allegedly lured behind the bleachers in gym class and sexually assaulted by a male student who was in the eighth grade.

The victim’s mother complained to school administration that she was concerned about how her son was being treated by other students in his P.E. class two months prior to the alleged assault, Claypool said.

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