The McKinley case has caught the attention of the New York Civil Liberties Union, which is representing Elliott and filed the lawsuit Wednesday in federal court.

The NYCLU said it reached out to the school district several times dating back to last August, asking officials to intervene in the situation at the high school.

Still, nothing has happened, said Robert Hodgson, Elliott’s attorney.

"In an ideal world, you would not have to bring a lawsuit," Hodgson said. "You would not have to stand up to the people whose job it is to protect you. Byshop shouldn’t have to do that."

A school official on Wednesday evening said the district had just received a copy of the complaint and is in the process of reviewing it.

"These are allegations the district takes very seriously and we intend to investigate them to get to the bottom of this," said Nathaniel Kuzma, the school district's general counsel.