Lawsuit Filed Against Board of Education and former MCPS Bus Driver Etienne Kabongo

Click here for case information: MCPS Special Education driver found guilty of sexually abusing and raping MCPS students on school bus.  

Civil suit now filed in this matter:  

Court System:	Circuit Court For Montgomery County - Civil
Location:	Montgomery Circuit Court
Case Number:	C-15-CV-23-004648
Title:	Mother Doe vs. Board of Education of Montgomery County, et al.
Case Type:	Tort - Negligence
Filing Date:	12/14/2023
Case Status:	Open

Montgomery County Public School Driver Guilty Of Abusing Special Needs Students: Prosecutors

Prosecutors say that a school bus driver in Montgomery County who drove special education students was found criminally responsible for sexually abusing four girls on his route following a lengthy investigation.

Gaithersburg resident Etienne Kabongo, 67, was found guilty by a jury on Thursday, Feb. 9 to multiple counts of rape and sexual abuse of a minor after one of his victims came forward and several other victims were identified during the investigation.

A driver for Montgomery County Public Schools, officials said that one of Kabongo’s victims came forward following an incident in July 2018, launching an investigation by the Montgomery County Department of Police.

During that investigation, police say that by using school bus surveillance footage, they were able to identify multiple incidents involving three additional students...

Montgomery County Public School Driver Guilty Of Abusing Special Needs Students: Prosecutors | Montgomery Daily Voice

Montgomery Co. School Bus Driver Found Guilty of Sexually Assaulting 4 Students With Disabilities

A former bus driver for Montgomery County Public Schools was found guilty Thursday of sexually assaulting four students who have disabilities.

Etienne Kabongo, of Gaithersburg, pleaded guilty to two counts of second-degree rape and two counts of sexual abuse of a minor. All of the female victims rode the bus he drove for the school system.

One victim, a 12-year-old girl, came forward after Kabongo sexually assaulted her in July 2018, police said. Kabongo assaulted the girl while the school bus attendant got off the bus to help with another student, and a school bus camera captured video of the assault, according to police.

During their investigation, police discovered more surveillance video of multiple incidents involving three additional victims.

Two of the girls were minors at the time of the assaults, while the other two were both 18 years old...

Montgomery County School Bus Driver Found Guilty of Sexually Assaulting 4 Students With Disabilities – NBC4 Washington (nbcwashington.com)

Jury finds former MCPS bus driver criminally responsible for sexually abusing 4 special needs students

A jury Thursday found former Montgomery County Public Schools bus driver Etienne Kabongo criminally responsible for sexually abusing four special needs students. 

Kabongo, 62, pleaded guilty to two counts of second-degree rape and two counts of sexual abuse of a minor after an investigation revealed he sexually abused the four girls who rode the bus he drove in 2018. Court docs mentioned two of the girls were minors at the time and the other two were both 18 years old...

Jury finds former MCPS bus driver criminally responsible for sexually abusing 4 special needs students (fox5dc.com)

Montgomery Co. schools sued by family of girl sexually assaulted on school bus [Cameras did not keep students safe.]

The family of a special-needs student is suing Montgomery County Public Schools in Maryland for negligence, alleging the county should have provided better oversight of a bus driver who sexually assaulted their daughter.

The complaint says Etienne Kabongo, 65, was caught on camera assaulting the girl, known in the filing as Jane Doe, three times in 2018, but that the footage was never reviewed. They note the cameras on board the bus also caught Kabongo assaulting other students...

https://wtop.com/montgomery-county/2021/06/mcps-sued-by-family-of-girl-sexually-assaulted-on-a-school-bus/

New trial dates set for former [MCPS] bus driver who sexually assaulted students

A criminal responsibility trial has been scheduled for a former Montgomery County Public Schools bus driver accused of sexually assaulting students with special needs while driving his routes.

Etienne Kabongo, 65, was arrested in August 2018 and charged with molesting a 12-year-old girl a month earlier, an act that police said was caught on the bus’s surveillance camera...

https://bethesdamagazine.com/bethesda-beat/schools/new-trial-dates-set-for-former-bus-driver-who-sexually-assaulted-students/

MCPS sued over sexual assault of special education students in 2018

Lawsuit says district had video of two assaults for weeks, could have prevented third attack

The family of a student who was sexually assaulted by a Montgomery County special education bus driver has filed a lawsuit claiming the school district was negligent for not preventing the attack.

The lawsuit, filed Friday in Montgomery County Circuit Court, says MCPS could have prevented the young girl’s assault if officials had reviewed footage from the school bus camera, which showed that the driver assaulted two students several weeks earlier, on the same route.

In a text message Wednesday night, School district spokesman Derek Turner declined to comment on the lawsuit, citing ongoing litigation...

“The camera installation program turned out to be another in a long list of MCPS red herrings,” the lawsuit says. “This eyes-wide-shut policy did nothing to curb the abuse or assaults … leading to nothing but continued abuse followed only by more reckless and willful inaction by the (school system).”..

https://bethesdamagazine.com/bethesda-beat/schools/mcps-sued-over-sexual-assault-of-special-education-students-in-2018/?fbclid=IwAR2TfKQoqd9Eu9iLTs47dBGp_WUOrMKEhtYSTseV_qaQVfRly3y7UHtH4Mw

Former MCPS bus driver says he was criminally insane when he sexually assaulted four students with special needs

Etienne K. Kabongo admits that he sexually assaulted four vulnerable students who were passengers on the school bus he drove in suburban Maryland. But he argues that he should be sent to a psychiatric hospital, not a prison. His defense: He was criminally insane at the time he abused his victims.

Kabongo, 64, pleaded guilty to his crimes in January and faces a trial in March that will weigh his mental-illness claims.

The former driver abused the students — three of whom were nonverbal — in 2018 while his bus was stopped along routes in Montgomery County. Two of the victims were abused at least twice, on different days, according to Kabongo’s plea hearing Jan. 9.

One of the victims, 12 years old at the time, travels in a seat harness. Another, 18 at the time, has a rare disorder that diminishes intellectual and muscular development. She can be seen on bus surveillance video initially smiling and laughing when Kabongo approached — before her expressions turned to groans of pain, prosecutors said in court...

https://www.washingtonpost.com/local/public-safety/former-bus-driver-says-he-was-criminally-insane-when-he-sexually-assaulted-four-students-with-special-needs/2020/02/01/378f742c-3874-11ea-bb7b-265f4554af6d_story.html#comments-wrapper

In each instance, Kabongo waited for the attendant to leave, approached the victim, attempted to interact with them, looked out of the window to see if anyone is watching, then abused the student..

School Bus Driver Charged with Sexual Assault Ruled Fit to Stand Trial

A Circuit Court judge on Monday found a former Montgomery County school bus driver accused of sexually abusing four students competent to stand trial.

Etienne Kabongo, 62, of Gaithersburg, faces 14 sex-related charges, including three counts of second-degree rape and two counts of sexual abuse of a minor, for incidents captured on the bus’s surveillance system...

https://bethesdamagazine.com/bethesda-beat/courts/school-bus-driver-charged-with-sexual-assault-ruled-fit-to-stand-trial/

Outside Expert Sought To Evaluate School Bus Driver Charged with Sexual Assault

The lawyer defending a former Montgomery County school bus driver accused of sexually abusing four students is rejecting the state’s finding that his client is competent to stand trial.

Etienne Kabongo, 62, of Gaithersburg, is charged with one count each of sexual abuse of a minor, second-degree rape and third-degree sexual-offense stemming from a July 2018 incident involving a 12-year-old girl.

Further investigation uncovered three other alleged assaults against students.

Defense attorney Jim Shalleck requested a state psychiatric evaluation of Kabongo in January and said he planned to pursue an insanity defense.

The state Department of Health found Kabongo competent to stand trial in a May 10 report, but at a Thursday morning hearing, Shalleck disputed the findings and said he is searching for an outside expert to evaluate his client...

https://bethesdamagazine.com/bethesda-beat/courts/outside-expert-sought-to-evaluate-school-bus-driver-charged-with-sexual-assault/

Authorities: Driver abused three more students on special-education route

A longtime Montgomery County bus driver already accused of fondling a 12-year-old special-needs student was indicted by a grand jury this week in connection with the alleged abuse of three more students, including a child and two victims described in court papers as “vulnerable adults.”

The alleged sex assaults occurred since late May, suggesting investigators looking into the suspect’s past may be limited by how long interior bus surveillance videos are kept.

In early August, Montgomery prosecutors said investigators were continuing to look at video footage from buses driven by Etienne K. Kabongo, 62, a bus operator for Montgomery schools for more than a decade. He mainly drove special-education students.

School officials said Friday that all four victims were allegedly abused while on Kabongo’s bus routes over a recent, two-month stretch. Two of the victims were 12, one was 18, and the other was 20 at the time of the incidents, according to the indictment. Two of the victims were allegedly abused the same day...

...A new, 14-count indictment alleges Kabongo fondled and molested another victim, 20 years old, on the same day, resulting in three criminal charges: second-degree rape, third-degree sex offense and sexual abuse of a vulnerable adult.

Earlier, according to the indictment, Kabongo abused an 18-year-old victim July 9 and 10. He faces five counts in connection with that victim, including sexual abuse of a vulnerable adult.

The other victim, according to court papers, was 12 when the sexual abuse allegedly occurred May 29 and June 13.

“It’s what everybody feared — that there were more victims,” said Lyda Astrove, a longtime activist on special-education issues whose son attended one of the schools Kabongo served. “It’s a parent’s worst nightmare. How can you not be frightened and horrified and worried for all the children out there, and even our adult children?”...

https://www.washingtonpost.com/local/public-safety/authorities-driver-abused-three-more-students-on-special-education-route/2018/08/31/d525c058-ad3b-11e8-a8d7-0f63ab8b1370_story.html?utm_term=.91e412d27f6a

Former MCPS bus driver now accused of sexually abusing 4 students

MONTGOMERY COUNTY, Md. (ABC7) — A former Montgomery County Schools bus driver is now accused of sexually abusing four children on his bus route.

Investigators say all four victims were special education students.

It was early August when families with kids in Montgomery County Public Schools first learned that Etienne Kabongo had been arrested and charged with sexually assaulting a 12-year-old with special needs on board his bus.

Now, with just three days to go before students return to the classroom, a new letter from the school district says that little girl was not Kabongo's only victim.

"It's upsetting that someone we trusted to take our kids to school would do something like that," said parent Arsha Penaloza.

Montgomery County Police say the investigation has revealed Kabongo targeted three additional children who rode his bus.

It’s believed all four victims came into contact with Kabongo on his bus route between May and July of 2018.

This week, he was indicted on 14 counts of sexual abuse.

"That's why my wife and I, we decided this year our daughter's not going to take the bus anymore," said parent Hugo Torres. “We are worried about it.”

That fear is something ABC 7 heard from several parents, even though Kabongo remains behind bars, and has been fired by Montgomery County Public Schools.

“It just makes you more aware that this can happen anywhere,” said Penaloza. “It’s scary. You don’t know if a teacher or a counselor or anyone in the school may do something or have those intentions. So it does make you wary.”

A spokesperson for the school district said Kabongo was officially terminated on August 27, though he was placed on leave in early August when the Montgomery County Public Schools first learned of the allegations against him.

Kabongo had worked for MCPS since 2006 as a bus operator.

The list of schools where he served can be found here.

MCPS has set up a dedicated response telephone line for parents with questions regarding Kabongo. That phone number is: 240-740-3214.

Anyone who thinks their child may be a victim of Kabongo should contact the Montgomery County Police Department at 240-773-5400.

Students go back to school in Montgomery County on September 4.

Give MCPS Parents Access to Existing Live Stream of Cameras Inside School Buses

Montgomery County Public Schools and Montgomery County Police entered into a contract with a company to install exterior and interior cameras on all MCPS school buses.

In 2016, the Montgomery County Council learned all about the cameras installed on the buses.  Below are excerpts from the County Council packet that was written by Susan J. Farag, Legislative Analyst and Essie McGuire, Senior Legislative Analyst.  Essie McGuire now works for MCPS COO Andrew Zuckerman. 

One of the features of the 14 cameras per bus package installed on MCPS school buses is LIVE VISUAL links inside the bus to access activity and PROTECT students from SEXUAL ASSAULTS.  

MCPS is well aware of this feature.  It's time to make parents and guardians aware and give them access to the live video that is available today on MCPS school buses.  It's time to use the existing technology to really keep students safe on MCPS school buses.

...BusGuard protects students from theft, drug dealers, sexual assault, fights, weapons, other crimes and inappropriate behavior, and also helps protect school bus drivers from abuse or trouble caused by students. While some districts request systems capable of recording activity related to motorists who illegally pass stopped scihool buses, our offer also includes interior cameras and twoMway Voice-Over-IP (VOIP) communication, as well as a sl/ent alann for the bus driver to quickly signal an emergency. With BusGuard, school officials are given live audio and visual links inside the bus to assess activity in the event of an emergency, or to investigate a report of inappropriate or illegal behavior (page circle 18)....

...The bundled package that FXS offers provides 14 cameras on each bus, installed both inside and outside. The three interior cameras have "live view" streaming video with live twoway communication with the driver's remote access. There is a rear camera with backup assist, a forward facing camera, and a right side camera. The product offers six-lane automated enforcement coverage. It also offers real-time GPS (page 2)...

   2016 07 11_PSED Montgomery County Council by Parents' Coalition of Montgomery County, Maryland on Scribd

"That's why my wife and I, we decided this year our daughter's not going to take the bus anymore," said parent Hugo Torres. “We are worried about it.”

Breaking: More Indictments in MCPS Special Education Bus Driver Case. Now 4 Victims.

Court System: Circuit Court for Montgomery County - Criminal System
Case Number: 134356C Sub Type: INDICTMENT
Tracking Number:
18-1001-51458-4
District Court Number:
0D00386708
Date Filed: 08/30/2018
Case Status: OPEN
Defendant Information
(Each Alias, Address, and Attorney for the Defendant is displayed)
Name: KABONGO, ETIENNE

Count No:

1 ArticleSectionSubsection: CR 3-602

Charge Description:

SEX ABUSE MINOR

Citation Number:

Plea:

---

Count No:

2 ArticleSectionSubsection: CR 3-304

Charge Description:

RAPE SECOND DEGREE

Citation Number:

Plea:

---

Count No:

3 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

4 ArticleSectionSubsection: CR 3-604(b)(2)

Charge Description:

VUL ADLT ABUSE-HOUSE/FAMILY MEM

Citation Number:

Plea:

---

Count No:

5 ArticleSectionSubsection: CR 3-304

Charge Description:

RAPE SECOND DEGREE

Citation Number:

Plea:

---

Count No:

6 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

7 ArticleSectionSubsection: CR 3-604(b)(2)

Charge Description:

VUL ADLT ABUSE-HOUSE/FAMILY MEM

Citation Number:

Plea:

---

Count No:

8 ArticleSectionSubsection: CR 3-304

Charge Description:

RAPE SECOND DEGREE

Citation Number:

Plea:

---

Count No:

9 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

10 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

11 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

12 ArticleSectionSubsection: CR 3-602

Charge Description:

SEX ABUSE MINOR

Citation Number:

Plea:

---

Count No:

13 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

---

Count No:

14 ArticleSectionSubsection: CR 3-307

Charge Description:

SEX OFFENSE THIRD DEGREE

Citation Number:

Plea:

ABC7: MCPS leaders meet with concerned parents after bus driver's arrest

https://wjla.com/news/local/parents-answers-school-bus-driver-accused-sexually-abuse-special-needs-student

WDVM: MCPS hosted a meeting on issues concerning the bus driver charged with sexual assault

https://www.localdvm.com/news/i-270/mcps-hosted-a-meeting-on-issues-concerning-the-bus-driver-charged-with-sexual-assault/1389652775

Parents raise questions after Md. school bus driver accused of sex assault

...“There are still a lot of questions that are unanswered,” said Jessica Reynolds, of Rockville, in an interview following the community meeting. Her child was a passenger on Kabongo’s bus, and she  asked school officials when all surveillance video would be reviewed by investigators to learn of any other victims.

“My children have not even entered kindergarten yet, and there’s broken trust. I live in this community for one main reason — the school system,” Reynolds said...

https://wtop.com/montgomery-county/2018/08/parents-raise-questions-after-md-school-bus-driver-accused-of-sex-assault/

Superintendent Smith to Address Recent Arrest of Special Education Bus Driver August 22nd at 7 PM

Wednesday, August 22, 2018
Carver Educational Services Center (CESC)
850 Hungerford Drive
Rockville, MD 20850

The meeting will be in the CESC auditorium, from 7:00 p.m.– 8:00 p.m. 

       •      Spanish and Sign Language interpretation is available

•      If you require other interpreting services, contact Jennifer_R_Strouble@mcpsmd. org

Montgomery Co. reveals more routes operated by bus driver charged with raping special needs student

WASHINGTON — Montgomery County Public Schools officials have released an updated list of bus routes driven by the man charged with sexually assaulting a 12-year-old special needs student.

On Wednesday, the school system published on its website an updated list of bus routes driven over the past several years by 62-year-old Etienne Kabongo, who’s been charged with second-degree rape and other sexual offenses...

https://wtop.com/montgomery-county/2018/08/montgomery-co-reveals-more-routes-operated-by-bus-driver-charged-with-raping-special-needs-student/