The mother of an 11-year-old boy is now suing the Pinellas County School Board after she says a student tried to sexually abuse her son. 

  • Mom sues Pinellas schools after teen kidnapped son
  • 17-year-old student lured boy, 11, from school
  • Student tried to sexually abuse 11-year-old boy
  • Student was already a registered sex predator
  • School knew about student's criminal history

Zachary Wynn Marksberry is now 19-years-old. He is serving time for kidnapping and attempted sexual battery on a child younger than 12. 

He was 17 at the time and a student at Pinellas Secondary School. According to documents, Marksberry was already a registered sex predator. 

Back in 2016, the teen lured the boy, who has special needs, from the school with a note promising him food from McDonalds, according to the reports. 

Officials said once, in a secluded area, Marksberry asked the boy if he wanted to have sex with him and hugged him. The boy was able to get away and call for help by faking an asthma attack. 

The reports show the district knew about the teen's criminal history. Attorney's for the victim say the school failed both students. 

"Not only was he victimized by the student, the perpetrator student, we believe he was also victimized after the fact by the school district and how they responded to what happened. And so our goal is to create systematic change to make sure it never happens to anyone else again," Attorney Stephanie Langer said. 

In arrest documents, Marksberry told police he had already sexually abused an 8-year-old boy and a 12-year-old boy. The mother of the 8-year-old says she also sued the school district in 2013 for failing to protect her son from Marksberry.