(AP) — A Kansas prosecutor is reviewing whether to file charges against the driver of a school bus that toppled into a fast-moving creek.

The Kansas Highway Patrol investigated the Oct. 31 accident at a low-water crossing in rural Butler County. The bus toppled on its side, and ten Kansas children had to scramble through an emergency side exit. They sat on top on the bus until they were rescued.

One child and the driver were treated at a hospital.

Trooper Gary Warner says the patrol gave its report to Butler County Attorney Darrin Devinney late this week.