The lawsuit accuses school officials of failing to protect students from sexual predators

The lawsuit filed against Santa Barbara Unified School District, Santa Barbara Charter School and County Superintendent of Schools Susan Salcido does not seek damages. Instead, he asks for responsibility.

“Public officials have failed to do what the Constitution and the education code require them to do to provide safe schools and safe places for children in schools,” said Barry Cappello with trial attorneys Cappello & Noël LLP.

The lawsuit, filed in September, comes after former Santa Barbara Elementary School teacher Steven Schapansky was charged with two felonies and 70 misdemeanors. The Santa Barbara County Sheriff’s Office says he unlawfully recorded minors in locker rooms with hidden cameras for six years.

Officials say Schapansky has not entered a plea and a warrant for his arrest is still outstanding. He did not file a complaint.

KSBY News reporter Juliet Lemar spoke with Elsa Granados, executive director of STESA, about how electronic surveillance can impact children.

“People are afraid because they are in a space they trusted. In this case, they were at school,” Granados explained.

STESA, or Standing Together to End Sexual Assault, helps victims of sexual crimes. Granados says the market for images of minors is a billion-dollar industry.

“And it’s not something that can only be used locally. It can be distributed nationally and internationally,” Granados said.

Cappello represents two of the alleged victims and their parents. It says the lawsuit seeks an injunction requiring security plans, facility inspections and monitoring to prevent illegal recording of minors and ensure safeguards are implemented. He also says the sheriff’s office is still investigating whether Schapansky distributed anything and, if so, how.

In a statement, Superintendent Salcido said, “The district superintendent of schools does not have jurisdiction over the staff, facilities or day-to-day operations of charter schools and that, under California law, charter schools operate independently as a separate legal entity.”

Capello disagrees.

“That’s her job. They should have a security plan and monitor the schools,” Capello said.

Under the California Education Code outlined in the lawsuit, the superintendent has the authority to monitor the operations of every school in the county, including charter schools.

Santa Barbara Unified School District officials said in a statement: “The entire district community has a responsibility to take care of our students and create a safe learning environment.”

Santa Barbara Charter School declined to comment.

“Government officials need to say, you know, it’s over for me. We should have done more. We will do more,” Capello said.