"Lawsuit over public school bullying proceeding to trial
NEW YORK — A federal judge has ordered a hearing to determine whether a 12-year-old girl with learning disabilities was deprived of "a free and appropriate education" by the constant bullying she allegedly endured at a public school.
U.S. District Judge Weinstein denied New York City's motion for summary judgment dismissal of a suit filed by the girl's parents under the federal Individuals with Disabilities Education Act seeking reimbursement of $28,906 in private-school tuition.
"[A]n effective and appropriate education may be negated by child bullying," Weinstein wrote. "When a school fails to take reasonable steps to prevent such objectionable harassment of a student, it has denied her an educational benefit protected by statute."
