WASHINGTON ( CNN ) -- The Supreme Court has given a girl 's parents the go-ahead to sue a Massachusetts school district over alleged sexual harassment by another student . A U.S. Supreme Court ruling allows a couple two avenues to pursue claims against their daughter 's school district . The justices , in a unanimous ruling , allowed the plaintiffs two avenues to make their claims -- a 1972 law banning gender bias in education and a separate civil rights law enacted 138 years ago . Lisa and Robert Fitzgerald said their then-kindergartner daughter was forced by an older male student to lift her skirt or pull down her underwear . The parents alleged school officials ignored their concerns and refused to discipline the boy . Federal courts had been split over whether the newer law -- known as Title IX -- displaced any claims made under part of the 1871 civil rights law , called `` Section 1983 . '' The Fitzgeralds lost their initial Title IX claims and an appeals court blocked them from pursuing the other legal strategy . The ruling from the justices now gives the Fitzgeralds the right to continue their lawsuit against school officials . `` We hold that Section 1983 suits based on the Equal Protection Clause remain available to plaintiffs alleging unconstitutional gender discrimination in schools , '' Justice Samuel Alito wrote . The plaintiffs allege the incidents happened on a school bus in Barnstable , Massachusetts , in the 2000-01 academic year . The child had told her parents that whenever she wore a dress , a third-grader would make her do things she did not want to do . After the mother complained to school officials , the boy denied the allegations . The principal , after interviewing other students and the bus driver , concluded she could not corroborate the girl 's version of events . The principal suggested the girl be transferred to another bus as a possible solution . The Fitzgeralds said that amounted to punishing their daughter and said the boy was the one who should be transferred . The local police department also looked into the case but concluded there was insufficient evidence to bring criminal charges against the boy . The parents began driving the girl to school and filed a lawsuit , claiming the schools system 's response was inadequate . School officials denied wrongdoing and tried to limit the case to Title IX , which applies to public or private schools receiving federal aid . The law is credited , among other things , with helping bring equality in sports participation and funding for college women . `` Our concern was that the school district just did n't take things as seriously as they should , '' said Charles Rothfeld , attorney for the Fitzgeralds . `` They were frustrated by what they perceived as indifference by the school . '' Rothfeld said the school 's behavior was `` pretty egregious . '' Barnstable school officials did not respond to a request for comment . The case is Fitzgerald v. Barnstable School Cmte . ( 07-1125 ) .
Parents : older boy sexually harassed daughter on school bus . Parents : School district ignored our concerns , refused to punish the boy . U.S. District Court : Parents can sue school district .