WESTHAMPTON BEACH, N.Y. (CBSNewYork) — The father of a special needs child says its shameful that the Westhampton Beach School District has no special ed program.

“You would think when presented with that realization alone, the administration would recognize the depravity of the situation and proactively move to put together a program,” Christian Killoran, whose son Aiden, 12, has Down syndrome.

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Killoran is trying to legally force the district to admit his son into its middle school, WCBS 880 Long Island Bureau Chief Mike Xirinachs reported. Killoran and his son showed up at the school Wednesday in a symbolic protest, but the father said his fight is for all special needs children.

“If not for the colossal ineptitude of the administration, we wouldn’t be here today,” Killoran said.

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Killoran said it makes good fiscal sense to establish a special ed program.

“According to the Census data, they have over 43 students that they’re outsourcing to neighboring school districts. Over 43!” Killoran said. “And these other neighboring school districts are not doing it for free.”

The school district’s superintendent and school board president declined to comment outside court Monday, citing pending litigation.

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The judge’s ruling is expected this week.