Attorneys for the Hartford Board of Education, a Hartford special education teacher and the City of Hartford argued before a Superior Court judge on Monday that claims by a former student that she was bullied and harassed by staff in the school district, including by her special education case manager, should be dismissed.
The student, Aleysha Ortiz, graduated from Hartford Public Schools last year despite never learning to read or write. Last summer, she spoke to The Connecticut Mirror about her time in the school district, which she entered when she was 6 years old.
[This Hartford Public High School grad can’t read. Here’s how it happened.]
Shortly after her story went public, Ortiz filed her lawsuit. The lawsuit, however, doesn’t seek damages related to her educational attainment. Rather, it focuses on the emotional harm that was allegedly done to Ortiz during her years in the Hartford school district, including by case manager Tilda Santiago.
The complaint alleges that Santiago belittled, stalked and harassed Ortiz in front of other students and teachers. Ortiz went to other teachers in tears and emotional distress as a result, according to the complaint, which also states that Ortiz reported Santiago’s conduct to the principal and assistant principal.
The courtroom arguments on Monday before Superior Court Judge Matthew Gordon focused on two questions: whether the allegations in Ortiz’s complaint were significant enough to prove negligent infliction of emotional distress, and whether the actions of school employees were “ministerial,” meaning the parties were required by law to follow certain procedures but failed to do so. Attorneys representing the city, school board and Santiago argued that their decisions were not ministerial but rather discretionary, meaning they were not legally required to act in a certain way but were rather making decisions based on personal judgment.
Ortiz’s attorney, Anthony Spinella, argued that employees in the district were required by law to follow certain procedures, like reporting bullying to a school administrator, and failed to do so.
“Any school employee who gets a report of bullying has to notify the administrator, full stop. No evaluation, no discretion. They have to file a written report. The policy has to require this safe school climate specialist to investigate or supervise investigation of
all reports of bullying,” Spinella said. “We believe that immunity does not apply because we allege violation of ministerialities.”
Gordon did not make a decision on the motion on Monday. If Gordon rules in favor of attorneys representing Hartford, the school district and Santiago, Spinella said he would appeal the decision.
Ortiz is seeking $3 million in damages. Last month, Spinella offered to settle the lawsuit for that amount with the school district and the city.
