Prosecutors have decided not to file any criminal charges against anyone for the death of Alaina Dildine at Whiteland High School in May.

Didline, a freshman at the time, drowned in the high school’s pool during a PE class after having a seizure while underwater. The coroner ruled her death as “accidental” in their official report on the incident.

The lifeguard who was on duty at the time of her death has already been fired, but some have been calling for some action to be taken against the PE teacher who was supervising the class at the time.

Robert Wagner is the attorney for Alaina Dildine’s family.

“They understood that this is not a situation where there would usually be criminal charges,” he told WISH-TV. “So, I think they have come to terms with that and appreciate the thorough investigation from the sheriff’s department.”

But, he added that the family is still not ruling out a civil lawsuit in her death.

“Hopefully this will not be the type of situation that will require that type of path,” Wagner said. “The Dildines would love to work with the school to work out those plans to make it a safer place.”

Wagner pointed out that Alaina Dildine was a student with some special needs and required some extra care to be taken by her teachers. He hopes the school district will listen to the family’s desires for changes to ensure this doesn’t happen to someone else’s child.