he says the video supposedly shows the pe teacher aaron bekar using his cell phone as ben drowned. >> the teacher had his cell phone in his hand and looking at his phone. >> reporter: according to police reports, back in may is, 57 students in his fourth period pe class were told to tread water for 3.5 minutes. the video shows ben struggling to stay afloat. sft lawsuit says bekar was negligent saying he had minimal training in water safety and his lifeguard certification expired and no lifeguard were present. >> most other school districts don't allow these classes without teachers and lifeguards. >> this parent says he's worked with the teachers at the school for over 30 years. >> i'm absolutely shocked. the teachers we've known the teachers for years, and they are so conscientious, it is beyond my comprehension that would happen. >> reporter: sthst district says it can't comment on pending litigation but did confirm bekar is still teaching at the school adding "the district also instituted a requirement every time district pools are in use, dedicated and certified lifeguards will be