A local school district continues its investigation into the alleged sexual assault of a kindergarten girl. One detail they are admitting to is raising some serious questions about school policy. Our Erin Vannella reports.

ALBANY, N.Y. -- "I feel if somebody went down my child's pants that I have a right to know, immediately," said the student's mother

The mother of a six-year old North Albany Academy kindergartner wants to know why the school delayed in telling her that her daughter's seven-year-old classmate allegedly sexually assaulted her.

"The incident happened last month, May 19. I just found out June 8. Because I noticed a difference in my daughter. But I think my more concern is, was these people going to tell me," the woman said.

The girl's mother who we won't show you to protect her daughter's identity-, attests 30 days passed before the school alerted her of the incident. Albany School District spokesman Ron Lesko released this statement.

"Even though we followed through with proper internal protocol, it's clear by all accounts we did not contact the parent when it first came to our attention."

"I found out from my daughter and that's when I called her teacher on my cell phone that night...and she said the principal would be calling me of the school... and that's when he told me he's been trying to get in touch with me and that's when I hung up and didn't want to speak to no one anymore," the girl's mother said.

"We've tried to reach out but with no luck," said Lesko. "Everybody is sick about this. It's a critical step in an incident like this and we failed. We absolutely apologize for failing to make that call in a more timely manner. It's our responsibility and one we take very seriously."

Still sorry isn't enough for the girl's mother. She's pulled her daughter from school, and is considering legal action but as YNN finds out, making a case on the basis of school policy may be difficult.

"There's no fixed rule as to what a school has to disclose and when it has to disclose it. And while a parent can be upset about that and can try to change a policy and ask that it be changed, that's not really something that's going to lend itself to a lawsuit," said attorney Paul DerOhannesian.

Lesko says the incident is still under investigation and school faculty welcome the girl back under an umbrella of safety but for the girl's mother, good intentions aren't good enough.

"Just too many unanswered questions and that's why I'm here. I need answers. I'm a mother. I need to know," the student's mom said.

Our legal analyst adds that with any case regarding children touching children, particularly at ages seven and six, that's not a situation that you're going to typically see because it doesn't lend itself to a family court proceeding or civil lawsuit. A seven year old won't be responsible.

Second, Albany School District Security Director, Ted Cook approached us on our way to talk with the student's mother. He said he was about attempt a discussion with the girl's mother, to apologize and address her concerns.