As students returned for the first full week of classes at O.B. Whaley Elementary in San Jose, school officials Tuesday were dealing with a new lawsuit while the molestation trial against a former teacher approaches.

The former principal at the school has also been under fire, charged with failing to report the allegations that the accused teacher molested several students to authorities.

Students at O.B. Whaley were hoping for a fresh start as the new school year begins.

But the past is hard to forget after 3rd grade teacher Craig Chandler was arrested in January and charged with sexually abusing five students.

Tuesday, KTVU learned a lawsuit has been filed on behalf of one of the alleged victims against Chandler, the former principal Lyn Vijayendran and the Evergreen Elementary School District.

Attorney Robert Allard told KTVU Chandler had yard supervisors or other children bring students into his classroom one or two at a time for a lesson on Helen Keller.

"She was told to act like Helen Keller and not be able to see things and be able to feel things with either her mouth or her feet," said Allard. "So she did not understand at the time that in hindsight she was being sexually assaulted on a repeated basis."

Last month, the District Attorney’s office charged Vijayendran, the principal at the time of the alleged molestation, with a misdemeanor charge for failing to report the incident after a child came forward last October.

The attorney for Vijayendran told KTVU Tuesday that "no one, not the parents, not the district nor my client, who knew the details of the complaint, believed it was an act of sexual abuse."

The Evergreen School District released this statement late Tuesday that read in part: "We want to assure the community we take very seriously any allegations of employee misconduct, especially involving students."

KTVU learned Tuesday that Vijayendren has been reassigned to the district offices and a new principal is in charge at O.B. Whaley.

"You need to supervise. And if you don't supervise, you're going to be held criminally responsible," said Allard. "Or in this case, civilly responsible for your actions, because in the end its the child who pays."

KTVU also found out all employees district wide from custodial staff to administrators have undergone new training on mandatory reporting.

But Allard maintains that for the five alleged victims, it is too late.