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A Queens mom is suing the Department of Education for failing to keep her 6-year-old son safe after she reported his being sexually assaulted by a student in a school bathroom.

Yanique Vasquez-Lee says a boy in her son’s first-grade class at PS 37 in Springfield forced him to perform a sex act in a bathroom stall last year, according to the lawsuit, filed in Queens Supreme Court June 12.

The article goes on to state the following:

She says the disturbing attack is the fault of school officials who failed to properly keep track of a sign-out sheet that allows just one student to leave class at a time.

Her son, who is named in the lawsuit as “Z.C.,” asked for permission to use the bathroom on March 17, 2017, according to the lawsuit. His teacher told him to wait until another boy, named as “M,” returned.

But M, who has a history of disciplinary problems, came back and immediately followed Z.C. back to the restroom — where he allegedly refused to let him leave until he performed the sex act, the lawsuit alleges.

“I asked my son why he didn’t just get out of the bathroom and he said, ‘He’s bigger than me, I was scared,’” she said.

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