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Colombo v. Sewanhaka Central High School District No. 2

383 N.Y.S.2d 518 (1976)

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Colombo v. Sewanhaka Central High School District No. 2

New York Supreme Court

383 N.Y.S.2d 518 (1976)

Facts

John Colombo (plaintiff) was a 15-year-old student who suffered from a significant hearing disability. Dr. Nathan Samuels, the duly designated medical officer for the Sewanhaka Central High School District No. 2 (the school district) (defendant) examined Colombo and determined that Colombo should not be permitted to play the interscholastic sports of football, lacrosse, and soccer. Colombo was permanently “auditory blind” on his right side and had diminished hearing on his left side even with the use of a hearing aid, which posed a risk of bodily harm to Colombo and other players. The school district followed Samuels’s advice and decided that Colombo could not play interscholastic contact sports. Colombo and his parents (plaintiffs) sought review of the school district’s administrative decision.

Rule of Law

Issue

Holding and Reasoning (Berman, J.)

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