“Every day, the kids bothered him,” Babilonia told the New York Daily News. “They put out their feet and throw their pencils.”
The lawsuit filed by Babilonia read: "Joel was extremely short and underweight for his age and had anxiety disorders. He was the target of ongoing severe, brutal physical and emotional abuse and harassment by several of his peers at school."
Fox News Latino reports that the suit also highlighted the fact that Babilonia "complained multiple times per week to Department of Education personnel" and that at one a meeting was held with the bullies' parents -- only to backfire on her son.
The Daily News says that a rep for NYC's Law Department said the case involved “very tragic circumstances,” but that she couldn’t comment further because of the pending litigation.