Driver Accused of Subjecting Students to Extreme Heat on Bus Without Air Conditioning

School officials say that an investigation found that “a driver did require a student who was sticking his head out the window to put up his window"

A Texas bus driver has been accused of punishing students by driving slowly and not allowing them to open their windows amid triple-digit temperatures on a bus without air conditioning.

In a statement obtained by PEOPLE, lawyers representing Coshenna Smith, a mom of two children on the bus, claim it was 103 degrees when the incident took place on Thursday, August 22.

Lawyers said that after the driver dropped off one of the children, the Sealy Independent School District bus driver allegedly "turned down a dirt road," stopped and told "the children to roll their windows up."

“The driver, who was actually cooled by a personal fan, continued this behavior even as the children cried that they couldn’t breathe,” the statement claimed. “If that wasn’t bad enough, the driver would tease the children by driving three miles per hour down the road.”

In a statement shared with PEOPLE, Sealy Independent School District Superintendent Bryan Hallmark said that last week “we were made aware of concerns about a lack of air conditioning on many of our buses." Additionally, they also "received reports that students were not allowed to put their windows down on a bus" and that the driver had "stopped...to address a student discipline issue."

Hallmark said that after investigating, school officials found that “a driver did require a student who was sticking his head out the window to put up his window."

"The driver stopped the bus for approximately 2 minutes and 20 seconds to address the student. During the route the roof hatches and windows were open," Hallmark added.

Speaking with NBC News, Hallmark, who did not share additional details about the status of the driver's employment, denied the driver was trying to punish the students and said she was "driving a speed that they felt was safe on a dirt road."

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In a video shared by attorneys, children could be heard saying, “It’s so hot, bro” and “These children need to breathe! You need to get us home!”

The law firm alleged that according to reports, it took the driver 30 minutes to drive 3 miles. Lawyers also alleged that another video showed their client's two children, ages 12 and 11, returning home after getting off the bus.

Lawyers claimed that after their client's 11-year-old daughter, who has chronic asthma, was crying and said she couldn't breathe, while her son's shirt had been soaked through with sweat.

“This isn’t punishment. It’s torture and it’s child endangerment,” attorney Harry Daniels said in the news release.

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According to Hallmark, in light of what happened, “last Friday, administrators made adjustments to the amount of time the bus spends on unpaved roads so our students can arrive home as quickly and safely as possible."

"It does get hot on the buses, especially in August," Hallmark added. "Thankfully, we are experiencing cooler temperatures this week."

Attorneys say they are exploring all legal avenues, including a possible civil lawsuit against the school district.

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