A Remsenburg family is filing a lawsuit against the Westhampton Beach School District for allegedly discriminating against their son with Down syndrome.

Christian and Terrie Killoran say their son, 12-year-old Aiden, has been prevented from enrolling in school despite a recommendation from his home district of Remsenburg-Speonk. Aiden Killoran recently finished the special-needs program at Remsenburg Elementary School, and an individual education plan recommended that he attend Westhampton Middle School this year.

However, the couple says the Westhampton Beach School District is denying their son's admission because it says it doesn't have the resources.

Christian Killoran says it's unacceptable. "If you're always outsourcing all the special-needs children, then you'll always be able to say, 'We don't have the numbers,' and that's the dynamic that needs to stop," he says.

The Killorans are seeking a court order to allow their son to attend Westhampton Beach Middle School.

Christian Killoran says he intends to show up to the middle school with his son when school begins on Wednesday to protest the district's actions. Killoran says he agreed to stay off school property while protesting under an agreement reached with the school in court. However, he says he will fight to make sure his son and other special-needs students have the same rights as everyone else.

In a statement, the superintendent of the Westhampton Beach School District said, "In accordance to New York state and federal privacy laws, the district is legally prohibited from discussing individual student matters and cannot comment on pending litigation."