Legal Question in Disability Law in New York

Bipolar Child and School

My 5 year old was diagnosed with bipolar disorder. My daughter is a kindergartener in a public school. She attends a before and after school program at the local community center. Since she has been diagnosed I have no problems about her behavior with her school but it has been a rocky road for the community center. The center requested that I let them know what is going on with her because they care. So each week after the doctors I would give them a report on what was going on and what the doctor has been saying. She just started medication 1 1/2 weeks ago and the doctor stated that it would be not for about 4 to 6 weeks to see a difference in her behavior. I notified both the school and center that she was starting to take the meds and that it is not a miracle pill and that it will take some time to kick in. They both understood. But after I notified them of this the center has been asking me every day to come and get her because of inappropriate behavior and that she is only allowed to come back after she learns to behave. Do I have a right to sue for discrimination for my daughter? Since after all bipolar disorder is a behavioral problem.


Asked on 12/06/06, 3:57 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Bipolar Child and School

The short answer is that the community center should make every effort to reasonably accomodate your child but until the medication begins to work, an early pick up if they are not able to cope, is not unreasonable.

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Answered on 12/06/06, 5:13 pm


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