CHICAGO (CBS) — As CPS faces a growing sex abuse scandal, a mother says her son with special needs was sexually assaulted in a school bathroom by another student.

She said her son should not have been alone in the bathroom to begin with, without supervision, accusing CPS of failing to protect her son.

CBS 2’s Charlie De Mar reports the mother says her son has some difficulty talking and struggles with recognizing when he is in danger. She said it is part of the reason for his individual education plan. She said on a day in February 2017, not only was that plan not followed, but her son was allegedly sexually assaulted as a result.

“This shouldn’t have happened like this. He was not protected,” said the boy’s mother, who asked to not be identified.

She and her husband said their son with developmental and social special needs was not protected by CPS staff inside the halls of Bogan High School.

“There was an encounter in the bathroom with him and another student,” she explained.

Her son’s individual learning plan, or IEP, required him to be assisted almost everywhere throughout the school, including the bathroom.

“He needed to be protected. He’s vulnerable,” she stated. “He told me he was hurt and mentioned blood and I went crazy,” she recalled.

A complaint has been filed against the Chicago Board of Education. Her son, identified as John Doe in the complaint, says he was sexually assaulted inside the unsupervised bathroom by a fellow classmate who also has special needs.

“CPS is failing these students,” said Attorney Carolyn Daley.

“Under appropriate supervision, he never would have been harmed in the fashion that he was,” stated Attorney Larry Rogers, Jr.

The student in question allegedly has a history of sexually assaulting other students.

“I was sick. I was sick to my stomach to hear that,” the boy’s mother said. “Who is going to protect them?”

According to the court papers, CPS was aware of the other child’s history.

Chicago Public Schools did not want to comment on the pending litigation, but did point out the recent creation of the Office of Student Protections and Title Nine, which is designed to better protect and help CPS students when it comes to sexual abuse allegations.