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A Manhattan mom is suing the Department of Education for $2 million after administrators dismissed her fifth-grader’s complaints that a male student humped him while pinning him down at the playground.

The incident allegedly occurred on the slide at the Battery Park City School during recess in December.

After an investigation, DOE officials said “it appears that the movement was unintentional and did not have a sexual nature.” But mom Delilah Perez says the “criminal” incident could have been prevented.

No adult came to her son’s aid even as he “screamed, yelled and struggled to break free from the perpetrator,” Perez’s suit alleges.

The DOE said, “Schools must be safe havens and we will review the lawsuit.”

A city Law Department rep added that his agency will also review the legal papers.

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