Legal Question in Education Law in North Carolina

lunch menu

my child and other children diagnosed with ad/hd and i'm sure other medical or emotional conditions, are attending a public middle school that serves two seperate lunch menus. One for the intelligent students (winners) and one for the intermediate students. Is this discrimination towards these children with intellectual disabilities? Using food to dole out rewards for the mentally gifted, and intimidating those less fortunate?


Asked on 4/12/05, 2:26 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: lunch menu

If that is how it can be reasonably be perceived.

Does the school use the same terminology "winners" and "losers" as you have?

Not only can that be traumatizing to a child with a disability, I would agree it is dicrimination under the ADA.

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Answered on 4/12/05, 3:19 pm


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