Legal Question in Disability Law in New Jersey

Hello,

My 15 year old son has been diagnosed, by a physician, with ADHD (we do not medicate him as we are against that), low self esteem and anger issues. This, consequently causes him to act up in certain classes where he feels disliked by the teacher (does not or cannot obey their admonitions to behave) or is under some stress. Consequently when he acts up he is sent out of the class to the dean of discipline. Since he was sent out of the class (and received various detentions / suspensions) so many times he was removed from the high school basketball team and is not being allowed to play baseball this spring. My question is "are the school coaches / teachers in violation of the Americans With Disabilities Act by barring his participation in school sports"? With his afflictions he sometimes just cannot comprehend that he is doing something wrong and cannot act appropriately. Thank you for the advise.

Asked on 2/24/10, 11:04 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade
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The school's actions againt your son is not a violation of the ADA. The school's concerns for discipline and the education of the other students will trump any sort of ADA claim, if any.

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3/01/10, 2:27 pm

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