Austin Public Schools has reached a settlement with a family after a special needs student was allegedly sexually assaulted by another student during a job skills class.

On Monday, Mower County District Judge Christa Daily approved the settlement reached by Austin Public Schools and the student’s family, which will set up a trust for the student.

The child’s family did not file criminal charges; however, a civil court suit filed in January in Mower County District Court alleges the child requires a one-on-one paraprofessional, but the child did not receive that supervision when the incident took place at an Austin school. That lack of supervision violates state and federal special education laws and caused the student “compensable personal injury, including emotional harm,” as the suit states.

The Minnesota Disability Law Center (MDLC), a division of Mid Minnesota Legal Aid based in Minneapolis, investigated the incident and entered into settlement negations with the school district.

The parties eventually reached an agreement, and funds will be used to settle the student’s claims relating to the incident. The rest of the settlement will be placed in a pooled trust in the student’s name, and The Arc-Minnesota will be the trustee for the pooled trust.

The district will pay MDLC’s legal fees.

Austin Public Schools officials say the settlement will be paid through insurance.