Legal Question in Education Law in New York

School negligence

My 3rd grader was goalie during gym class. The teacher was busy on his blackberry and didnt notice when he fell to the floor and was repeatedly kicked in the arm. When he got up, he complained that his arm hurt and he thought it was broken. The gym teacher decided it wasnt too bad and left him to cry on the side. When his regular teacher picked him up from gym, she yelled at him to walk faster - you hurt your arm not your leg. I was never called, he was not sent to the school nurse, even though he asked to call me. The principal later told me that he knew something was wrong - ''your kid never cries - if he was crying it mustve been something big''..... Turns out, he has a big break in his right arm (radius) and he is a righty! My son now refuses to go to school, saying ''nobody cares about me there... a kid can get hurt and they wont do anything'' So now we have physical and emotional injury!!! Is this negligence?

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