BUFFALO, N.Y. (WIVB) — The mother of the student who was stabbed at McKinley High School Feb. 9 plans to sue Buffalo Public Schools and Superintendent Dr. Kriner Cash.

Aurielle Austin of Buffalo signed a Notice of Claim on behalf of her 14-year-old son, Sirgio Jeter, who remains in critical condition at Oishei Children’s Hospital.

According to Austin’s lawyers, John Elmore and Kristen Elmore-Garcia, the Notice of Claim identifies BPS and Dr. Cash as “negligent actors for failing to provide a safe, and violence free school environment.” The Notice also describes how school administrators were alerted of a conflict escalating among students and could have prevented the incident, but failed to respond. It also alleges that a culture of violence was allowed to develop within the high school, which ultimately led to the stabbing.

“In light of this being a litigation matter, the District has no comment at this time,” said Ka’Ron Barnes on behalf of the district’s General Counsel with regard to the Notice of Claim.

This is a developing news story. It will be updated as more information is learned.

Adam Duke is a digital producer who has been part of the News 4 team since 2021. See more of his work here.