Possibly, talk to a lawyer in that area. It would depend if the school different was somehow to blame ie...negligent hiring or policies that allowed this. Since the police did not get involved, I suspect it will be difficult
Let's start with the hard fact that if your child is a reliable reporter, there is a guy out there in a job with access to little kids who touches them where he shouldn't. That is just not acceptable.
We can't reliably reconstruct at this point in time whether the cops were right, but the police response to you raises the critical question of whether this person was investigated by the district employer. If the school district receives a claim from you with a demand for therapeutic services, the school can either accept the claim or deny it, but either way your claim will cause investigation by the district. Either way the district's lawyers will be on notice of the claim and will be alert to what they may have there in their critical workforce. Either way, your claim can operate to cause required attention to the possibilities here, and to enhance the observation and constraints for similar conduct by this guy at the expense of other little kids.
You can't get sued or hurt for making a claim.
So, consider talking to a local attorney with specific experience in actions against public entities. Discuss with that lawyer all of the reasons and potential benefits favoring filing a claim in addition to the regular objective of reimbursement for the costs of treatment for your child.
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