Parents: School hid rapes of four 1st-graders

The most disturbing paragraphs in the article:

}The district denies wrongdoing and has asked a judge to dismiss the lawsuit. But it has not disputed that assaults occurred, and its legal response has only further inflamed public opinion in one of the state’s poorest school districts.

In federal court last month, the district’s lawyer, John Freund III, argued that under the Constitution school officials cannot be held responsible simply for failing to protect youngsters from assaults by other students.~

But then, schools don't appear to be held accountable for not educating students.  Why would we expect to be able to hold them accountable for not keeping students safe, as well?