“Green Bay High continues to keep special needs student out of school”

Green Bay High School, which suspended and excluded a student with Asperger’s and dyslexia, known as “A” in July 2013, has sought to appeal a High Court decision delivered by the honourable Justice Faire in February 2014 that the suspension and exclusion were unlawful.

YouthLaw’s Senior Solicitor Jennifer Puah stated “In YouthLaw’s view, the appeal of the decision of Justice Faire to the Court of Appeal is extremely disappointing given the findings of Justice Faire in the High Court.”

Moreover, it will be a number of months before the matter can be heard in the court of appeal.

Green Bay High School has not applied for a formal stay of the High Court judgment. As such, as soon as the exclusion was quashed by the High Court, A was entitled to be at school and attending classes.

In recognition of the fact that the school could possibly need to put in place arrangements to implement A’s return to school, in the month following the judgment, A’s family attempted to work with the school to negotiate a gradual return of A to school. However, owing to lack of engagement by the school with A’s lawyers, no plan for return was formulated and A was not returned to school.

“At present A is still entitled to be attending school, yet Green Bay High school has not facilitated A’s return.

Of most concern to Youthlaw is that a young person continues to be deprived of their right to education.”

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