A student is suing Birmingham City Schools and the Board of Education — for failing to protect her from an alleged predator, her history teacher at Huffman High School

The lawsuit claims that teacher was asking female students for sex – in exchange for better grades.

Attorney Julian Hendrix says he knows of at least five students who were approached in this reported “sex for grades” scheme.

And after his client was allegedly solicited — she had to keep attending his class.

“It’s disturbing,” Hendrix said.

Hendrix told CBS42 that Phillip Smith III went after the most vulnerable students in his history class at Huffman.

“Individuals who struggle academically, they struggle with truancy issues, possibly struggle with behavioral issues, and also struggle with some delinquency issues,” Hendrix said.

Hendrix represents a former student of Smith’s, who CBS42 is calling “Alice” in order to protect her identity. According to Hendrix, Smith told Alice to move her desk close to his during a test – because he suspected she’d cheat.

But during that test – the lawsuit says Smith dropped a note on Alice’s desk which read “come back on 7th period, pull down your pants and let me kiss your *expletive.* I will do an ‘a or b’ or whatever you want.”

Hendrix says Alice immediately told her mother after school, who called police.

“What’s troubling is that my client wasn’t removed from the class afterwards. The teacher was not removed,” Hendrix said. “There were no measures, there was nothing put in place to make sure she was protected. And that’s troubling. It concerns me.”

The alleged incident occurred in 2013. Hendrix says the note was thrown out, and nothing was done until another student complained nearly two weeks later.

Smith was charged with having sexual contact with that student – and two counts of sodomy.

He plead guilty to a misdemeanor charge – and only then was he let go from Huffman.

The lawsuit asks for damages, as well as changes to school policies.

“This is about our youth. It’s about our kids,” Hendrix said. “If you see something doesn’t work, then why not take the means to change it?”

A spokesman for Birmingham City Schools said the superintendent will release a statement on this lawsuit – tomorrow.