Legal Question in Education Law in New Hampshire

Child with Tourettes Syndrome being consistently punished

My 15 year old son was diagnosed with TS in the 5th grade.We have had problems in the past with him being sexually inappropriate.I'm talking bathroom talk with his buddies or making inappropriate gestures.We voluntarily had him evaluated by a psychosexual therapist who was recommended by his psychologist.It is documented that his inappropriateness is a direct result of the disinhibition caused by TS.We have also voluntarily agreed to have him escorted/monitored by an aide throughout the school day. Recently he has been suspended for 3 days due to a report from a female that he squeezed her breast. This kind of activity is VERY out of character with his past behaviors. There were no witnesses(the aide was conveniently not in view during this time).He admits that he did touch her breast, but it was not intentional...they were poking eachother. I have consistently made it clear (with clinical support)that these behaviors are a symptom of his neurobiological disorder.The school continues to react to situations, but refuses to label this as a disabilty which requires appropriate interventions(i.e. behavioral modification, cuing, etc). My son is not a sexual pervert or pariah but seems to be being treated like one. What can we do?

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