Legal Question in Education Law in New York

Students Rights Regarding IEP's

A students who has numerous disciplinary/lack of respect/safety referral is being excluded from a 3 day overnight trip. However, on his IEP he is classified with Tourette's, OCD and Attention Deficit Hyperactivity Disorder. How can we keep him from going without ''violating'' his rights? He truly does not deserve to go as trips are a privlege, but his paretns are fighting the issue.

THANKS!!!

Regan Young


Asked on 2/06/02, 8:55 am

1 Answer from Attorneys
Prof. David C. Bloomfield The City University of New York

Re: Students Rights Regarding IEP's

Assuming this is a school-sponsored trip, I believe you need to make accomodations according to the IEP, as you do in your regular program. Basically, he can't be excluded. I have not undertaken research into this particular matter and without the particular facts, it's hard to know what the situation is: Is there an irremediable health and safety issue, or is it "just" highly inconvenient to have him on the trip? If he has a para or other attendant maybe it's not as bad as you think. Sorry I can't be more helpful but the law basically protects children with these conditions from exclusion from school activities.

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Answered on 2/06/02, 10:40 am


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