BROOKLYN - Brooklyn parents plan to sue the Department of Education over their belief it mishandled their daughter's alleged sexual assault.

The P.S. 249 second-grader initially told school administrators four boys tried to push her body against theirs and tried to expose themselves in a stairwell last Wednesday.

The school filed a report with the DOE and called the students' parents to the school. The principal suspended the boys for several days, however, the DOE did not call police.

"They told her mother they don't want to get the cops involved," said Govani Diaz, the girl's father. "I know the law and they are supposed to call the cops when something like this happens."

The girl's stepfather, Juan Vega, said Special Victims Unit detectives called the incident "horseplay" after speaking to the girl.

Although the parents will not be pressing charges against the young boys, they plan to retain a lawyer this week and pursue a suit against the DOE. The family does not plan on sending the girl back to P.S. 249.

The DOE maintains the school followed procedure by filing a report with the agency and calling parents to the scene.