RELATED: Parents shocked after San Jose teacher arrested, accused of lewd acts with a minor
The lawsuit points at a former music teacher at Dartmouth Middle School, Samuel Neipp, as the reason. Neipp sits in county jail after his arrest for alleged sexual abuse of two students.
A parent had warned school administrators in 2010 of text messages they considered inappropriate. However, attorney Robert Allard and his team allege it was kept quiet.
Watch the video player above for the full story by ABC7 News' David Louie.