The parents of a 12-year-old boy with Down syndrome have filed a federal lawsuit against a school district on New York's Long Island after officials banned their child from getting a local education.
Aiden Killoran was prevented from attending the first day of class at Westhampton Beach Middle School on Wednesday - despite his childhood friends being allowed to walk through the doors.
This is because the school's policy is reportedly to bus children like Aiden - who have cognitive and other disabilities - to neighboring districts that have experienced special education teachers.
Aiden's parents, Christian and Terrie Killoran, say their son has been given the option of attending classes in these other districts. However, they want their child to be educated at his local school.
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Banned: The parents of Aiden Killoran (pictured), who has Down syndrome, have filed a lawsuit against a school district on New York's Long Island after officials banned their child from getting a local education
Family: Aiden was prevented from attending the first day of class at Westhampton Beach Middle School on Wednesday morning - despite his friends and siblings being allowed to walk through the doors. Above, the 12-year-old is pictured with his parents, Christian and Terrie Killoran, and brother, also named Christian
School: The policy at Westhampton Beach Middle School (pictured) is reportedly to bus children like Aiden - who have cognitive and other disabilities - to nearby districts that have experienced special ed teachers
They claim that their son is being discriminated against because of his Down syndrome. However, others believe he is being offered a better education at a school that is equipped to educate him.
Aiden had graduated in June from his local elementary school - and was looking forward to starting seventh grade with his friends in a mainstream classroom, where he has always been taught.
However, the youngster's parents were then told that their son would not be allowed to attend Westhampton Beach Middle School, leading them to file a discrimination lawsuit, CBS reports.
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Share 187 sharesThe civil rights suit is pending at U.S. District Court.
'They [the Westhampton School District] has never in history allowed an alternately assessed special education student to attend its middle school,' Mr Killoran said on Tuesday, adding that school officials should have the 'b****' to look Aiden 'in the eye and tell him he is not wanted'.
Aiden's sister, Shannon, added: 'He’s like the king of the school – so, everybody knows him.'
Demonstrators: The Killorans joined around 100 other people rallying outside the middle school on Wednesday, calling for Aiden's inclusion. Some protesters were parents of other special needs children
Making a point: Protesters donned bright T-shirts reading, 'We want Aiden', as they stood outside the school
Classmates: Aiden (seated front row, far left) had graduated in June from his local elementary school - and was looking forward to starting seventh grade with his friends in a mainstream classroom, it is reported
And his brother, Christian, said he loved his sibling a lot and really wanted to be in school with him.
The Killorans, from Remsenburg, claim in court papers that federal and state law is on their side.
They joined around 100 other people rallying outside the school on Wednesday, calling for Aiden's inclusion. Some protesters were parents of other disabled children also banned from the school.
The school, situated at 340 Mill Road in Westhampton Beach, had previously requested a temporary restraining order to keep the the Killorans and Aiden off school grounds, ABC reports.
But officials and the family agreed in court on Monday that this would not be necessary.
The Killorans have now agreed with the Remsenburg-Speonk School District that Aiden will continue his education at his old school - Remsenburg-Speonk Elementary School - this year, it is reported.
Proud mom: The Killorans filed the lawsuit after they were told that their son would not be allowed to attend Westhampton Beach Middle School. Above, Aiden with his mother and his elementary school diploma
'Integrate don't segregate': An image on Mrs Killoran's Facebook page shows a badge sporting Aiden's face
Michael Radday, the superintendent of Westhampton Beach School District, said privacy laws prevent him from discussing individual students. He also cited the pending litigation.
However, the school district has reportedly told the Killorans that it does not have the suitable programming to teach their son - and that neighboring districts would be more beneficial to him.
The Killorans' attorney, Pamela Tucker, said that Westhampton Beach School District does have a special education program for students. 'But they only take high-functioning kids,' she added.
'They only want kids who are able to deal with core curriculum and take Regents diplomas.'
Mrs Killoran, meanwhile, said that the amount of money that the school district is spending on busing dozens of students to neighboring districts could be put toward creating a new program.
Siblings: The school district has reportedly told the Killorans it does not have the suitable programming to teach Aiden (center, with his sister and brother) - and that nearby districts would be more beneficial to him
Brother: Aiden's brother, Christian, said he loved his sibling a lot and really wanted to be in school with him
Professor Sue Buckley, of the Down Syndrome Education International in Portsmouth, U.K., told ABC that she was 'appalled and saddened' that Aiden had been banned from entering the school.
'All the research studies show children with Down syndrome achieve more in inclusive education – better reading, maths and spoken language outcomes, more socially mature and fewer behavior challenges – yet many US school districts seem to ignore this information,' she said.
'All children should be welcomed in their local community.'
A judge is expected to make a ruling on the lawsuit later this week.
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