Legal Question in Disability Law in New York
Lunchroom segregation in public school
Interested in getting perspective from you/your readers whether a child who is in a special education class with various ages, up to three years older, is the youngest in the class and is only able to participate in specials (art, music, gym) each day with regular classmates his age, but at lunch has assigned corner table in the lunchroom ONLY with the special education class and not with their own age group in the regular class. The very placement of these children together, further stigmatizes and perpetuates the "weird" kid myth and these children are not able to foster relationships or bond with children, which is essential for self-esteem.
Besides that I think it is wrong, legally is there enough jusitification to file a complaint with Office of Civil Rights or other agency?
1 Answer from Attorneys
Re: Lunchroom segregation in public school
There are not enough facts to go on to give a
valid opinion here. On its face, the problem
appears to be neutral. The school can cite the
potential discipline problems of "integrating" these kids socially; but the entire goal of
"special" education is supposedly to mainstream
them. I would need far more details on how the school operates its special education programs and
what school system in which this is taking place.
Harold M. Weiner
Coles & Weiner, P.C.
342 MADISON AVENUE SUITE 1800
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