Can they do that? | Autism PDD
I believe they can do this, at least in IL where I live.
When my son was going to EI preschool half day, I registered him for "regular preschool" as well with his NT brother. Half-way through the year he had a major meltdown and knocked over a chair which bumped another child. I was informed by the director of the preschool that they were not equipped to handle a special needs child and that my son was a danger to the other children.
I looked into daycare to help with socialization and was told they would take him conditionally but if there were any "issues" (i.e. meltdown, etc.) he would have to go. We said thanks, but no thanks. Putting him in that environment was setting him up for failure.
We have a nanny come to our home. I have been unable to come up with any other alternatives. From what I understand, the schools are the only places that HAVE to take our kids. I also have a friend who's NT daughter went through a biting phase and she was expelled from daycare the 2nd time she bit another child. And this wasn't a nice "you need to find somewhere else for the fall" but a "you can't bring her back tomorrow."
All the info you need:
http://www.usdoj.gov/crt/ada/childq&a.htm
The law is clear...but still, there is plenty of wiggle-room for these
centers to deny entrance. A very important thing to know also is that
church preschool programs don't fall under the ADA at all.
We've gotten some flat-out "no's" because dd is 3 & not potty trained.
They were in the law, because of not having available staff and/or
equipment to do so. One place said dd could be placed w/ 2 year olds
(no thanks). We've also gotten "maybes" like Kristy...like dd could come
SO LONG as she didn't have meltdowns, behaviors, hitting, or anything
else that would disrupt the class, cause harm to other kids, etc. or if I
came to do the diaper changes or help with tantrums (so basically I'd sit
outside all day, on call!
). One place said if we hired a 1:1 aide, they'd
gladly take her. Sorry, but we are not made of money! So, we are now
looking into the nanny route. Best of luck finding a program for your
son.Thanx for the prompt reply. It upset me because Jaiden has never had ANY problem in school and he only attends school 2 days a week for 4 hrs a day. Which is the time I use to attend the community college. Also when Jaiden turns 3 theres a program for children like him in our community thats free but thats not til Feb 2008. I just don't think it was a fair decision, they didn't even consider giving him a chance there just assuming he will mess up.
Greetings! I am the mother of 2 year old twins, one who has been diagnosed with PDD-NOS. Jaiden has made vast improvement with the help of Early Intervention of New Jersey. He was recently assesed and is currently at a 2 year old level after 6 months of help.
This morning the administrator of his day care facility informed me that Jaiden will not be able to return in the Fall. They said he needs to moved up to the next level of classroom and he isn't ready. They also stated due to regulations they are unable to keep him in the classroom he is currently in. I was so upset. I walked out in shock crying not knowing what I was going to do. Are they allowed to do that? I have gone over the licensing laws of my state and have'nt seen any sort of regulations. Help!
[QUOTE=tbrown380]Greetings! I am the mother of 2 year old twins, one who has been diagnosed with PDD-NOS. Jaiden has made vast improvement with the help of Early Intervention of New Jersey. He was recently assesed and is currently at a 2 year old level after 6 months of help. (emphasis added)
[/QUOTE]
In reading your post, I am curious to know why - since your son, who is 2 years old, is now on a 2-year old level - the administrator sees fit to state that your son will not be allowed to return in the Fall... particularly since there is a program that he will be moved to in February of 2008, and (I would assume) he will continue to get help from ECI until that point to keep him progressing forward. (Oops..should have said EI - here in Texas, it's ECI - Early Childhood Intervention - but the same thing.)
Given that most children don't always meet developmental guidelines right on or ahead of time, it sounds suspicously like a hidden agenda to me, or at the very least a hidden bias.
When he turns 3, he will be eligible for school district services. Until then, he is eligible under EI, which varies from state to state.
An informative article on Part C (EI):
http://www.wrightslaw.com/info/ei.index.htm
refuse your son based on his diagnosis--if that is what they are doing.
That is outright discrimination. If there is a record of incidents
(meltdowns, violence, etc.) and they can prove they can no longer keep
your son in school (as per ADA guidelines), that's another story. But,
from what you have posted, it sounds like they just up & decided he can't
attend. Was it right after you told them of his dx?
Also--as far as I know, there should not be a problem with him remaining
in his current class--IF that's what you think would be best for him. Like
I had posted earlier, a daycare was willing to work around dd's diapering
needs by placing her w/ a younger age group (which, with her behaviors,
we felt was inappropriate for her and the younger children too).
Ultimately, the goal is to include our children with their peers...so moving
your son to the next class should happen as it would the rest of his peers
(regardless of his test scores).
I think you need to schedule a meeting with the school director ASAP and
find out why they came to this decision. If they even hint that it's due to
his delays, diagnosis, test scores, etc. and NOT because of things that
have actually occurred, they are not not following the ADA. Again, this
only holds IF it is not a church preschool. If it is, I'd still have a sit-down
meeting & state your case, hopefully they will be willing to look past their
perconceived ideas of autism. Good luck! Keep us posted!
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