SCHENECTADY — The mother of an 8-year-old boy is preparing to sue Schenectady schools, claiming in a recent legal filing that her son suffered physical injuries and emotional trauma when a librarian placed her foot on his back as he lay face down on a classroom floor at Lincoln Elementary Community School in December.
“The use of force was excessive, unreasonable, and unlawful, and violated school policy, Educational Law 2801, and the child’s IEP,” the notice states, referencing a section of law related to conduct on school property and the child’s Individualized Education Program, a plan that lays out special education instruction, support and services.
The second-grader’s mother, Ashley Rivera, filed the notice of claim last week in Schenectady County Court. Rivera is represented by Schenectady-based attorney Daniel Smalls. A notice of claim is a standard legal step that must be taken before a lawsuit is filed…