Hartford Lawsuit Exposes Failures in Bullying Prevention and Special Education

Aleysha Ortiz, a graduate of Hartford Public Schools, made headlines when she reported that she completed high school without being able to read or write. Ortiz is now suing the Hartford Board of Education, the City of Hartford, and a Hartford special education teacher. Barry, Taylor & Levesque attorney Anthony Spinella is representing Ortiz in this case, which is an important indictment of the state’s public schools. Families in Connecticut need to understand the emotional and educational harm children could be silently suffering in our public schools.

What happened to Aleysha Ortiz?

Ortiz is a former student who had documented disabilities that required targeted interventions and attention from her school. Despite the knowledge of her disability, she did not receive the support she needed and was instead subjected to bullying, harassment, and staff neglect. Ultimately, Ortiz was able to graduate from high school without having ever learned to read or write.

She filed a special education due process complaint and a lawsuit alleging emotional distress resulting from years of mistreatment at the hands of school faculty and staff, not her fellow students.

The complaint names Tilda Santiago, Ortiz’s special education case manager from Sept. 2022 to May 2023, and states that Santiago:

• Subjected the teen to verbal abuse, ridicule, and humiliation
• Yelled at and belittled Ortiz in front of teachers and classmates
• Stalked her during school hours
• Attempted to isolate Ortiz from other supportive teachers
• And altered her attendance records

Ortiz reportedly notified the school principal and assistant principal, but her complaints did not result in any meaningful actions for months. Santiago was eventually removed from her role a few weeks before the end of the school year.

As a result of the treatment Ortiz experienced, she suffered from an emotional breakdown and suicidal ideation. She reports that she put herself at risk by opening the door of a moving vehicle as a direct response to bullying at the hands of teachers. Since graduating, Ortiz has continued to require mental health counseling and will continue to need such support, as she struggled with lasting psychological harm. As the lawsuit states, she was “deprived of the opportunity to fully enjoy her childhood,” a loss that cannot be recovered.

Current status of the case

In her lawsuit, Ortiz is seeking $3 million in damages for emotional distress. The case focuses on years of trauma and inaction by adults who should have been providing education and support to her as a young student.

The defendants, the City of Hartford, Board of Education, and Santiago, filed a motion to dismiss Ortiz’s claim, stating that all of their actions were discretionary, thus immune from legal claims. The presiding judge, Judge Matthew Gordon, has not yet made a decision on that motion. Spinella stated his intention to appeal if the motion to dismiss is granted.

Legal questions: Does the school have immunity?

As their motion to dismiss indicates, the defendants are arguing that the school’s alleged failures were discretionary, not ministerial. Under Connecticut law, public employees may be shielded from liability when they make discretionary actions as part of their role. However, that shield does not cover them for their failure to carry out clearly defined legal duties—such as reporting bullying or abuse.

In this case, Ortiz reported the abuse and bullying, but the school did not act. Their inaction, if proven to violate a mandatory legal duty, may remove their protection under governmental immunity, which does not apply to ministerial acts.

Why this case matters for other families

Schools receive funding to provide a vital service for our communities–educating children. Additionally, they have legal obligations to report bullying and protect students, even if those bullies are staff rather than children and teens. Schools also have a duty to provide appropriate special education services so that no student is left so far behind that they remain illiterate after graduating 12th grade. This case brings up broader implications for students with disabilities in Connecticut, who could be pushed through the system without any real interventions from the schools. Families facing similar situations must speak up to protect their children, other Connecticut youths, and hold schools accountable.

How Barry, Taylor & Levesque can help

At Barry, Taylor & Levesque, our firm advocates for vulnerable individuals. It’s our job to hold institutions like schools accountable for negligence, emotional abuse, and other harm that they may cause. As a former Senior Assistant State’s Attorney and a litigator with over 22 years of trial experience, Anthony Spinella is taking on this case skillfully and aggressively. We’re proud to be taking the lead when it comes to advocating for Ortiz and to protecting all Connecticut students from systemic failures.

If you or a loved one is experiencing neglect, bullying, special education failures, or abuse in the state’s public schools, it’s time to come forward. You are not alone, and you have rights. Our attorneys offer confidential consultations to prospective clients. Call us or fill out our contact form today to speak to one of our experienced attorneys.