Results 1 to 2 of 2
  1. #1

    Default When Can An Autistic Child Legally Stop School

    My question involves juvenile law in the State of New York. I apologize if this is not the proper sub forum to be posting in, but I was not certain where else it should go.

    This case deals with my friend's son. He is nineteen years old and attending a New York Highschool. He has a severe handicap in that he is unable to speak except through grunts, has to wear diapers in case of accidents, and struggles to understand what he is told. She's been told that her son absolutely must attend school, but now the school is threatening to send in the crisis team to have him institutionalized if she does not get him under control. Their complaints are mainly his constant groaning and moaning, which is disrupting to the other students. Also he has apparently started throwing things against the wall. There are also some who are afraid that he might become violent, although he has not hurt anyone to date. (He's not a large kid, 5'8" and 120 lbs). Her concern is that her son will be institutionalized. He is showing progress with her and her husband, but it takes enormous amounts of time. The school, however, has told her that she cannot remove him from the school. She and her husband are in process of getting guardianship of him; paperwork is in progress though they are not sure when it will go through.

    The question I have then is whether or not her son must keep attending school when he is nineteen. They said that she cannot pull him out because he is over eighteen, but can he decide that he does not want to go and then not be taken back? What are her options for keeping the kid out of an institution? Is there anything else you need to know to make this clearer?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,472

    Default Re: When Can An Autistic Child Legally Stop School

    It sounds like there's a conundrum - they can't make decisions for him because he's an adult and they don't have guardianship, and he can't make decisions for himself because he's not mentally competent. So they need that guardianship.

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: Failure to Stop for School Bus - No Flashing Lights, Stop Sign Came Out As I Passed
    By bobby3232q in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 05-10-2011, 10:42 PM
  2. Child Neglect: Mom Falsely Accuses Scouts Leader and Dad of Neglect by Leaving Autistic Child Alone
    By Diamond3 in forum Abuse and Neglect
    Replies: 2
    Last Post: 12-15-2010, 03:24 PM
  3. Replies: 4
    Last Post: 06-27-2009, 11:32 AM
  4. Replies: 1
    Last Post: 01-01-2008, 09:50 PM
  5. Special Needs and Accommodation: Autistic Child Being Discharged from Special Ed
    By riverten in forum Education Law
    Replies: 3
    Last Post: 10-02-2007, 01:24 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document