Parents Of Girl With Down Syndrome To Sue School For Tying Daughter's Mask Using Shoelace

The parents of a 7-year-old girl with Down Syndrome are planning to file a civil suit against a school in Brevard County, Florida, accusing its staff of tying a mask to their daughter's face using a shoelace.

The Ocean Breeze Elementary School has been accused of making the girl wear a mask by tying it to the back of her head with a shoelace for six weeks without the parents' knowledge.

The family said they found out about it after their daughter, Sofia, stepped off the bus on Oct. 7 with the mask tied up. The mask was held in place with a shoelace that was knotted to the back of her head.

Staff members of the school admitted to using the shoelace to tie the mask but said they did not tie it tightly and did not notice the girl showing any signs of distress, CBS-affiliated News 6 WKMG reported.

The girl's stepfather, Jeffrey Steel, contacted the police on Oct. 8 and complained about the incident.

Sofia's teachers "had been tying a mask tightly to Sofia's face for six weeks to guarantee that she could not remove it," Steel's attorney Nick Whitney said in a statement released Monday. "It was concealed from her parents for weeks."

"The school's principal confirmed that the school's policy was to speak with the parents before ever tying a mask to a child's face, and that did not happen," Whitney added.

The statement came after the Indian Harbor Beach police said they found no evidence to suggest that tying the mask to the girl was child abuse.

Investigators spoke to the school's staff members, who said they used the shoelace to keep Sofia's mask in place after seeing a suggestion provided by the Down Syndrome Resource Foundation.

"Based on the facts and logical persuasiveness of the evidence presented in this case, there is insufficient evidence to support a criminal violation," according to a police report obtained by the New York Post on Monday. "There is no evidence presented, which supports Sofia's physical or emotional injury."

The case is expected to undergo further review by the Florida State Attorney's Office.

The family is also planning to file a civil lawsuit this week.

State Rep. Randy Fine previously called the incident "child abuse" and maintained his stance even after the police revealed their findings, WKMG reported.

"What's clear is that Brevard Public Schools intentionally tied a mask to her face for six weeks. If that's not abuse, I don't know what is," Fine said.

Florida Gov. Ron DeSantis said, "It was wrong to force that mask on her."

"She's got Down syndrome. People are making a big deal today about police didn't think they should bring criminal charges. I never said anything about criminal charges. She was not treated right. That school district was not following state policy. That's just a fact," he added in a news conference Monday.