(COLORADO SPRINGS) — Two parents are suing Falcon School District 49 (D49) due to racist comments allegedly made by a teacher, in the hope of holding the district accountable for its "racist and retaliatory treatment" of them and their son. The lawsuit was filed on Tuesday, Nov. 26 after the treatment of the student did not improve, and D49 allegedly retaliated and discriminated against the student and his parents. According to the lawsuit, the initial incident occurred on May 4, 2023, when 10-year-old black student M.B., who attended Remington Elementary School, greeted one of his friends, who is also black, by saying "What's up brah?" M.B.'s teacher, Sheri Baron, who is white, allegedly censored M.B., and according to court documents, said something to the effect of, "Oh no, we’re not going to have any of that gang talk at school.” Days later, the student's father, Ryan Brown, went to Remington Elementary to speak with Principal Cassi MacArthur, who said she would investigate the incident and get back to him. On May 9, M.B.'s parents were sent an email by MacArthur, in which she stated that Baron, "demonstrated complete ownership that she used a poor choice of words on that day, and she is open to listening and expanding her understanding and acknowledging the generational differences in communication." In addition, MacArthur's email detailed that Baron would support a 'successful wrap-up' to the school year with M.B. as with all of her students. Upon receiving the email, according to court documents, M.B.'s parents showed up at the school unannounced, and his mother, Margaret Gay, was allegedly "verbally aggressive" and "yelled" at MacArthur about her belief that Baron needed to be fired. Brown denies that ever happening but according to court documents, Gay did speak loudly and gave MacArthur a 'tongue lashing.' Court documents state that both parents requested for M.B. to change classrooms for the remainder of the year and MacArthur agreed to this request. However, the next day MacArthur sent them back an email in which she said he would remain in Baron's class. "I have every confidence that she [Baron] will continue to serve him well as we close out these final weeks of the school year," the email wrote, according to the lawsuit. Unaware of the email, Brown showed up at the elementary school to inquire about the classroom change and was allegedly met with armed district officers and a hard copy of the email MacArthur had just sent when he showed up at her office. Court documents reflect that D49 said the officers were there to "prevent an escalation like the one that took place a day prior." M.B. was pulled from the school that day and did not return to in-person classes at Remington after the incident. According to the lawsuit, Baron's class became a hostile environment where M.B. no longer felt safe. Brown did initiate a grievance process in accordance with District policy and on June 16, Superintendent Peter Hilts issued the report where he agreed with M.B.'s parents. "We agree that the comment was inappropriate and violates our commitments to fair and caring treatment of our students," said the report. However, the report later talks about Brown and his treatment of MacArthur. "I conclude that [Baron’s] comment reveals implicit bias… I consider your use of [MacArthur’s] first name a microaggression, and I consider [Baron’s] characterization of [M.B.'s] speech a microaggression. I also agree that microaggressions create an opportunity and an obligation torespond with ‘microinterventions…’ I do not find that any of the concerns listed above constitute an uncorrected violation of policy… [Baron’s] conduct was addressed and corrected." The 10-year-old graduated from elementary school while being home-schooled, although M.B. does not attend classes now, he is still tied to Horizon Middle School in the district and plays basketball for that school. M.B.'s parents said they are only allowed to communicate with D49 through their attorney, so things as 'simple as basketball fees' become legal issues. D49 also allegedly advised M.B.'s parents to only communicate with certain school officials. According to the court documents, the parents are not even allowed to speak to the basketball coach and said that it is "negatively affecting" them and M.B.'s enjoyment of a place of public accommodation. “As I stated in my email last night, I have directed Horizon staff to not respond or engage with you. If you have any questions or need clarification, please email me and Mr. Miller [the District’s attorney]," an email sent by Superintendent Dustin Horras said. Due to this, the Colorado Civil Rights Division believes there was a breach of rights and D49 violated C.R.S 24-34-601, which states: The Complainant (D49) or a group engaged in protected activity by either opposing unlawful discrimination or participating in an investigation of discrimination. The Complainant was subjected to adverse treatment that would dissuade a reasonable person from engaging in protected activity. There is a causal connection between the protected activity and the adverse treatment. D49 provided the following statement to FOX21 News: "District 49 is gratified that the Colorado Civil Rights Division considered these claims carefully and ultimately declined to set them for a hearing. Accordingly, the Division dismissed Mr. Brown's case. We now look forward to our day in court to defend our district and our colleagues from these baseless and sensationalized accusations."