Bus driver allegedly exposed students to extreme heat

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

In a statement provided to PEOPLE, attorneys for Coshenna Smith, a mother of two children on the bus, claim that it was 102 degrees Fahrenheit when the incident occurred on Thursday, August 22.

Attorneys said that after dropping off one of the children, the Sealy Independent School District bus driver allegedly “turned onto a dirt road,” stopped and “ordered the children to roll up their windows.”

“The driver, who was actually being cooled by a personal fan, continued this behavior even as the children cried because they could not breathe,” the statement said. “As if that wasn't bad enough, the driver annoyed the children by driving down the road at five kilometers per hour.”

In a statement provided to PEOPLE, Sealy Independent School District Superintendent Bryan Hallmark said they were “made aware of concerns about the lack of air conditioning on many of our buses” last week, and “received reports that students were not allowed to roll down the windows on the bus” and that the driver “had stopped … to address a disciplinary issue with a student.”

Hallmark said that after an investigation, school officials found that “a driver asked a student who was sticking his head out the window to roll up his window.”

“The driver stopped the bus for approximately 2 minutes and 20 seconds to speak with the student. During the trip, the roof hatches and windows were open,” Hallmark added.

Speaking to NBC News, Hallmark, who did not provide further details about the driver's employment status, denied that the driver was trying to punish the students and said she was “driving at a speed they believed was safe on a dirt road.”

In a video shared by lawyers, children could be heard saying, “It's so hot, brother” and “These kids need to breathe! You have to take us home!”

The law firm claimed that the driver reportedly took 30 minutes to travel the 3 miles. The lawyers also claimed that another video showed their client's two children, ages 12 and 11, returning home after getting off the bus.

The lawyers stated that their client's 11-year-old daughter, who suffers from chronic asthma, was crying and saying she could not breathe, while her son's shirt was soaked with sweat.

“This is not punishment. It is torture and endangerment of a child,” attorney Harry Daniels said in the press release.

According to Hallmark, in light of last Friday's events, school officials have “adjusted the amount of time the bus spends on unpaved roads to ensure our students can get home as quickly and safely as possible.”

“It gets hot on the buses, especially in August,” Hallmark added. “Luckily, we have cooler temperatures this week.”

The lawyers say they are exploring all legal options, including a possible civil lawsuit against the school district.