Eatontown, NJ asked in Civil Rights and Education Law for New Jersey

Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American Disability Act. I believe he is being discrimated against.

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1 Lawyer Answer

Lori E. Arons

Answered
  • Education Law Lawyer
  • Hackensack, NJ
  • Licensed in New Jersey

A: It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where the student was going to be excluded from aftercare because of behavioral issues that are a manifestation of his disability, and we were able to get the school to provide a 1:1 aide for him during aftercare so that he would have access to the aftercare program. That was a self injurious child with autism, but the laws that apply to children with disabilities are the same regardless of what the particular disability is. What may vary, is the accommodation needed.

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