An Auckland secondary school is appealing against a court decision that quashed its exclusion of a boy with Asperger's syndrome and dyslexia.
The school has not yet accepted the boy back, even though the High Court overturned the exclusion order nearly a month ago.
The 14-year-old, referred to as Student A, was excluded from Green Bay High School in July last year after an altercation with a teacher.
The High Court ruled in February this year that the school had not considered all the facts before it suspended, then excluded him.
The school is now seeking leave to question that ruling in the Court of Appeal.
Legal advice service Youth Law said on Thursday that is disappointing, as the boy is entitled to return to the school but that hasn't happened.
The school said it would talk with the family soon to discuss a way forward.