BLUE HILL – The town and the local school union have received formal notice of a pending lawsuit against them by a woman whose son allegedly was sexually assaulted by another student at the town’s middle school.

Elaine Jacobson’s attorney, Neal Weinstein of Old Orchard Beach, said Wednesday that the notice of claim sent last week to town and school officials is a prelude to a claim that will be filed on behalf of his client in Hancock County Superior Court.

According to the notice of claim, Jacobson’s “mentally incapacitated” 15-year-old son was sexually assaulted by another student on May 10 in a bathroom at Blue Hill Consolidated School while four other boys watched.

The document indicates that Jacobson and her son have been “caused severe emotional distress” because she was not notified of the alleged incident until nearly four weeks after it supposedly happened.

Union 93 and Blue Hill Consolidated School administrators and staff and the Hancock County Sheriff’s Department found out about the alleged incident within the first few days after it reportedly happened, but no one told Jacobson about it until June 5, according to the notice.

Jacobson’s son lives with his father, who is divorced from Jacobson, but she shares parental rights and custody of her son, Weinstein said Wednesday. Jacobson is suing the town and the school union for $400,000 for the “malfeasance and negligence” of school employees and investigating officials, according to the notice of claim.

The maximum monetary amount allowed in Maine for civil claims against uninsured parties is $400,000, Weinstein said, but defendants with insurance can be sued for the full amount of their insurance policies.

The town and school union’s attorney, James Patterson of Ellsworth, said Wednesday that he received a copy of the notice of claim Tuesday.

“I have not begun any investigation of the [allegations in the] claim, so I really can’t comment,” Patterson said.

Dewaine Craig, Union 93 superintendent, could not be reached Wednesday for comment.

Formal charges apparently have not been filed yet against the alleged attacker.

The Hancock County Sheriff’s Department, which investigated the alleged incident, has referred all questions about the case to the District Attorney’s Office.

Patrick Larson, the Hancock County assistant district attorney who handles juvenile cases, said Wednesday he could not comment on the matter.

Jacobson said Wednesday she is angry and stunned about the way she has been kept in the dark about what allegedly happened to her son.

“I can’t get any answers,” Jacobson said. “I think I should know.”

Weinstein said that school officials allowed the alleged attacker and Jacobson’s son to be together in unsupervised situations after the alleged assault took place. The student accused of assaulting Jacobson’s son has since been expelled, he said.

Many people in Blue Hill knew about the alleged incident before Jacobson did, according to Weinstein.

“People were talking behind her back when she came and went to the grocery store,” the attorney said. “She should have been notified the day it happened.”

Weinstein also said school officials would not discuss the matter with Jacobson after she found out about the alleged incident.

“Again, she was very upset about that,” he said. “I think the school did a big disservice to my client by refusing to cooperate.”

The notice of claim also argues that school officials knew of the alleged attacker’s “inappropriate aggressive behavior toward other children” and of “the incapacities of the victim” but still did nothing to protect Jacobson’s son.