School district has to pay private school tuition of bullied student, federal appeals court says
A federal appeals court has ruled that New York public schools must pay the private school tuition of a bullied student.
The New York-based 2nd U.S. Circuit Court of Appeals ruled Thursday on behalf of the parents of the bullied third grader, the New York Law Journal (sub. req.) reports. The U.S. Justice Department and Department of Education had supported the parents’ position in an amicus brief, the article notes.
The appeals court said the school district had refused to discuss the bullying when crafting an individualized education program for the girl, amounting to a procedural violation of the Individuals with Disabilities Education Act. The opinion (PDF) affirmed a finding that the school should reimburse the girl’s parents for one year of tuition they paid for her placement in a private school.
The severe bullying had affected the girl’s academic development, the appeals court said. She had come home from school crying nearly every day. One student pinched the girl and stomped on her toes. Others ostracized her, backed away from her to avoid touching her, and even refused to touch a pencil that she had touched. They also pushed her, laughed at her, tripped her, and called her ugly, stupid and fat.
As a result, the girl dreaded going to school, was frequently tardy, and counted the days until the end of the school year.
When the girl’s parents tried to raise the bullying issue with the school, they were “consistently rebuffed,” the 2nd Circuit said. When the parents met with the principal to develop an individualized education plan for the girl, school officials said the bullying issue was an inappropriate topic and refused to discuss it.
