 In addition to finding that "the Board's proposed action was intended and designed to have a particular exclusionary effect on plaintiff because of her disabled status," the Court cited a ruling by the New Jersey Commissioner of Education, in a case where there was no disability issue, that barred a retroactive change to requirements for the award of valedictorian.On June 10, Hornstine, through her lawyer, Edwin Jacobs, informed the school that she would not attend graduation, which was held on June 19, and requested her valedictorian award be made in absentia, saying "the hostile environment at the school has traumatized Blair both physically and emotionally".Her house had been hit by eggs and paintballs, and she received a threatening letter.