$5-Million Claim Filed Over Alleged School Bus Rapes : Lancaster: Two teen-agers are said to have been attacked by a 12-year-old while heading home from a special education program.

The mother of a 14-year-old emotionally disturbed girl--one of two female teen-agers allegedly raped by a fellow student on a public school bus--has filed a $5-million claim against the school bus agency and the county Office of Education.

The girls were allegedly attacked Feb. 7 by a 12-year-old boy on a bus taking them home from a county-run special education program in Lancaster, law enforcement and school officials confirmed Monday.

The school bus driver, an employee of the publicly operated Antelope Valley Schools Transportation Agency, told authorities investigating the incident that she never noticed the alleged assaults.

The claim, filed in July, alleges that the bus agency and county schools officials allowed “an unsafe and hazardous environment” on the school bus that contributed to the alleged attacks. Such claims typically lead to lawsuits, but Robert T. Lepore, the attorney for the girl’s mother, declined comment, saying she did not want him discussing the case.

The case raises questions about the county’s and bus agency’s practice of mixing students who have physical and learning disabilities, and thus may be particularly vulnerable, with emotionally disturbed youngsters on the long bus rides typical in the county’s program.

“When I first heard about it, I thought, ‘No, it couldn’t have happened,’ ” said county Sheriff’s Deputy Bettina Youngern, the child abuse investigator who handled the case. “It’s still hard for me to believe it happened even after seeing all the evidence.”

Youngern said her investigation concluded that the boy, who lived in a group home and was emotionally disturbed, had raped and fondled the two girls during a more than hourlong ride home from school. She said the 14-year-old was emotionally disturbed and that the other, age 16, was autistic.

The boy’s case was taken to Juvenile Court by the county district attorney’s office in Sylmar and already has been resolved. But district attorney officials Monday were unable to provide information on the outcome. School officials, however, said the boy no longer attends the same school.

The youngsters attended a county-run special education program for the severely disabled operated at Park View Junior High School in Lancaster.

Ken McCoy, chief executive officer of the Antelope Valley Schools Transportation Agency, which handles most public school busing in the Antelope Valley, said the driver later left the agency to move out of state. He confirmed that the driver, who was not identified, maintained that she never saw the alleged assaults.

Youngern said the bus agency conducted its own investigation into the incident. But McCoy, citing the pending litigation in the case, said he could not comment on its outcome or whether the bus driver was disciplined.

Youngern said the emotionally disturbed boy was considered “a bully” by the other children. “The other kids were afraid of him,” she said. The 16-year-old girl, because she is autistic, reportedly was unable to communicate. Whether the 14-year-old called out to the driver for help was unclear.

It also was not clear how many children were aboard the small bus, which typically holds about a dozen students, at the time of the alleged assaults. But Youngern said at least one boy, the 14-year-old’s younger brother, witnessed the incident but said nothing.

Dick Lane, the principal in charge of the county’s special education program in Lancaster, said county officials learned of the allegations the next day when one of the girls complained to a teacher. He said the program has had no similar problems in the past.

Lane also said, in the wake of the incident, that he believes emotionally disturbed children should be bused separately from those with other disabilities. But the county and the bus agency have not made that change, apparently in part because of the costs.