KLLF Files Discrimination Suit Against Newburgh School District on Behalf of Bullied Student

On August 20, 2025, KLLF filed a federal civil rights lawsuit on behalf of a former Newburgh, New York public school student who endured years of incessant discrimination and harassment because of his sexual orientation and disability. The complaint details how Newburgh Enlarged City School District (NECSD) officials failed to protect the student from relentless teasing, taunting, and physical violence, and failed to provide him with adequate supports for his disability so that he could receive the free and appropriate public education to which he is entitled under federal law.

The lawsuit alleges that, starting in elementary school, M.O. was frequently harassed by other students because of his sexuality and that this bullying exacerbated M.O.’s learning disabilities. This harassment continued as M.O. started middle school, where he was called homophobic and racist slurs on a daily basis, spit on, slapped, and assaulted. As a result of his treatment at school, M.O.’s mental health deteriorated, impacting his ability to function both at school and at home.

According to the lawsuit, M.O. and his mother reported these incidents to NECSD administrators, including through formal complaints under the New York Dignity for All Students Act (“DASA”), and repeatedly requested accommodations for M.O.’s disabilities. Yet, despite being aware of M.O.’s treatment at school, the district failed to adequately respond to these incidents, make a plan that ensured M.O.’s safety, or develop an Individualized Education Plan that sufficiently addressed M.O.’s needs. As a result, M.O. was forced into months of home instruction before his mother M.O.’s mother finally secured a placement at an out-of-district school through her own advocacy efforts.

The complaint, filed in federal court, brings claims under Title IX, Section 504 of the Rehabilitation Act, the New York Human Rights Law and the New York Civil Rights Law, as well as a negligence claim. R M.O. is represented by KLLF partner David Lebowitz and attorney Kyla Magun.