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New Landmark U.S. Court Decision Sets New Legal Standard On Bullied Students And IDEA Special Education Violations By Schools

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A learning-disabled third-grader who was cruelly bullied by classmates at highly rated PS 6 on the Upper East Side was deprived of her educational rights — and the city must pay for her tuition at a private school, a top appellate court has ruled.

The landmark decision by the US Court of Appeals for the Second Circuit found that Principal Lauren Fontana “stonewalled” the girl’s parents, refusing to discuss the bullying or address it in her special-education plan.

The three-member appellate panel unanimously upheld a ruling by federal Judge Jack Weinstein that the city Department of Education violated the US Individuals with Disabilities Education Act.