“I think any parent would agree that a claim such as this would have a higher value, but there’s a cap of $1 million,’’ Arnold Elementary School Student sex-assault victim's mother files tort claim against Lincoln Public School District Lincoln Journal Star The mother of a 5-year-old boy who was sexually assaulted in the bathroom of Arnold Elementary has filed a $1 million claim against Lincoln Public Schools, under the Nebraska Political Subdivision Tort Claim Act. The claim alleges the district’s negligence resulted in the Sept. 22 assault.Nebraska law requires that such a claim be filed with the clerk or custodian of official records of the responsible political subdivision before a lawsuit is filed (§13-905 RRS Neb)and within one year of the incident(§13-919 RRS). The district has six months to act on the claim(§13-906). The claim alleges the district is negligent because: * It didn’t have an effective security system in place. * It failed to supervise kindergartners and allowed them to go to the bathroom alone. *It allowed a stranger to walk into the school and didn’t warn the boy’s mother about the possibility. Police arrested Joseph A. Siems Jr. shortly after he walked into the school and into the bathroom where, he told investigators, he waited for a child. A secretary saw Siems come into the building, didn’t recognize him and went to get a supervisor. Police suspect that’s when the boy went to the bathroom and was confronted by Siems. Staff locked down the school and called 911. In the meantime, the boy told his teacher what had happened. Prosecutors charged Siems, 27, with first-degree sexual assault. Vince Powers, the attorney representing the mother and her son, said the claim is a way to get help for the mother to pay for health care expenses, and to ensure a system is put in place so such an incident doesn’t happen again. “The only true way to prevent this from happening again is through the civil justice system, so the school system understands that there are consequences when they fail to protect children,’’ Powers said. The district is in the process of reviewing its security policies and included money in this year’s budget to hire a security specialist. The specialist hasn’t been selected yet but in the meantime the district has hired a consultant and is forming a committee to review existing policies. LPS Superintendent Susan Gourley said she couldn’t comment on pending litigation or confidential student matters. The claim seeks the maximum amount allowed under state law.§13-926 “I think any parent would agree that a claim such as this would have a higher value, but there’s a cap of $1 million,’’ Powers said.