Jim O'Neill Nov 23, 2015
reporter Verified #free

Family in court Wednesday, seeking return to school for autistic son

School district tells family autistic son can't returnt to class. Courts will hear matter on Wednesday.

A family whose son has been turned away from school will have their day in court  on Wednesday.   Shane Manuel is 17 years old and autistic.  In September his family was advised that their son would not be permitted to attend school.   Superintendent Beth Stymiest sent an email to Shane's parents Marsha and Marcel on September  14 to the Manuels offering to discuss a return to school plan for Shane.

The Manuels decided to get a lawyer, and because of that the district cancelled the meeting, pending involving their legal counsel, as well. Marsha Manuel says once the lawyers became involved, parents were no longer to be a part of the meeting. 

Shane, who is non-verbal, has been going to school for 12 years, the last two at James M. Hill.  The Manuels were told that because of personnel issues, Shane would not be coming back to school.  Shane required an EA, and  requires someone to draw air out of his stomach 3 times a day.  CUPE, the union representing the school workers who attend to Shane, say the workers have invoked their right to refuse dangerous work.

Scheduled of Wednesday at 9:30am in Court of Queen's Bench, the court will hear an application for a declaritory order for educational services at James M. Hill.  The applicant is Shane Manuel by his litigation Guardian Marsha Manuel and represented by lawyer Kelly Lamrock. 

The respondent in the matter is the Anglophone North District Education Council.

Also on the docket with the same parties is a motion regarding the sealing of exhibit "C".

Ken Pyke, Director of Policy for the NB Association for Community Living told CBC the province has a constitutional obligation to provide education services to Manuel.


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