Are you in the States? If not, our law won't apply. However, what I would do is write a letter to the school saying that your son NEEDS an aide for his safety and that of others. Tell them in this letter that you will hold the school AND the teacher personally reponsible if your child should be hurt in school. Tell them that THEY are responsible for his safety and you will not let them off the hook in this regard.
My youngest ds who's 21 mths has been going to "preschool" for toddlers due to his delays. It's a regular inclusive facility. He hasn't been officially dx'd with ASD to date but saw the dev.ped. yesterday who wants to wait a couple of more months to do an ADOS test but assessed him at 9-12 mths developmentally. His receptive and expressive language is below that.
I also have 2 dd's with autism and I'm certain my ds is on the spectrum.
He was eval'ed by SLP and found delayed in Social, Play, receptive and expressive language, he has sensory tactile and oral avoidance but he climbs. He repeatedly grabs children clothing and climbs on the tables even when they remove the chairs at the center. One of the staff says that she repeatedly removes him 20-30 and perhaps up to 50 times in a morning 9-12:30. When you reprimand him he just smiles he doesn't "get" the mad tones of voice or facial expressions.
The staff had told the resource person they need an E.A. to assist them in the class. The resource person asked what their reason was and they said "safety" which is true. The resource person said they didn't give kids with behaviour problems priority for an E.A. They of course went on about having no funding. But, I'm thinking if he's climbing all the time he can't really be learning too much in the class.
Does anyone know how you go around simply needing assistance for "behavioural issues" and with a child so young?