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Can a school kick a child out of an after school program if he has disablities?

My son has ADHD and Asperger's syndrome. On Friday, when my husband went to pick him up from after school care, the director told him that our son can not come back because he is being kicked out. When my husband asked her why, she told him because he would not listen. He asked her to explain and she told him that our son refused to look at the teachers when they talked to him. Um, yeah, most autistic children don't look at people in the eyes. Can they legally kick him out? I really don't know what to do. Both my husband and I have to work. Even with insurance we have a lot of medical bills and there are not many options for after school care in our area. I need some advice. (please no work at home ads)

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Asked by Anonymous at 12:09 AM on Dec. 20, 2009 in Money & Work

Answers (9)
  • Its an interesting question. I am wondering if the after school program is run by the district or something else. I know you would assume its the school district, but I know my daughter attended an all day preschool program that was actually run by the county out of the local elementary school. I would call my local MR/DD board and ask, see what they tell you. I would also check with the booklet Whose IDEA is this anyway? You should have a copy, if he's school age. All else fails, contact your state board of education and see what rights you have. Hope this helps.

    Answer by Lesli at 12:19 AM on Dec. 20, 2009

  • I would check with your school board.

    That is sad how they are kicking him out cause he does not LOOK at them! If they know of his condition, then they should be able to understand his not being able to focus to look at the teachers! I think it is absurd!

    It's not like he is being disruptive and all that! Sheesh!

    DO check with your school board though, being he is in after school care.

    GOOD LUCK Momma!

    Answer by LilyPondOasis at 12:25 AM on Dec. 20, 2009

  • No I dont think so!!! That school kicking him out would be discriminating against him...he's a Special Needs child, you will have rights!!! What grade, and is there an I.E.P for him..I live in CA its called iep..different states it could be called something totally else. I.E.P= individualized education program/plan...look in parents rights handbook :)

    Answer by noni440 at 8:20 AM on Dec. 20, 2009

  • I hate to tell you this, but in my area the after school programs aren't run by the district or the school so they don't have to allow children to participate. I feel for you, but I can also see the perspective of the director. They have huge groups of kids and no assistance to help with them. The rules of his IEP do not apply after the school day, so there is no way to get extra help for the day care provider. Depending on your son, it might not even be a safe environment for him.

    If the main reason is really because he won't make eye contact maybe you could get a guidance counselor or other school personnel to talk to the direct about Aspergers and explain he's not being disrespectful. However, if he's not listening it could very well be a safety issue.


    Answer by maxswolfsuit at 9:10 AM on Dec. 20, 2009

  • i'd sit down with the teacher and explain his handicaps, explain that kicking a child out that has disabilities will look terribly bad on her new resume that she will need to print up after you talk to your lawyer about this situation. :)

    Answer by angevil53 at 9:28 AM on Dec. 20, 2009

  • Call your local news station and ask to speak with whomever handles their consumer complaint reports...a reporter calling the school talking about doing a story on how they are refusing to care for an autistic child because he won't make eye contact will likely get them to change their tune real quick.

    Although - two things: one the school can easily change their story and say he was causing disruptions etc...and two do you really want your child being watched by people who obviously don't care about him in the least? I know you need childcare but is this the only facility avail?? GL

    Answer by Anonymous at 9:54 AM on Dec. 20, 2009

  • Have you checked with your local area churches? A lot of them have child care facilities and you don't have to be a member...

    Answer by Anonymous at 9:55 AM on Dec. 20, 2009

  • I work for a public school in which many special needs students are enrolled. There are volumes of paperwork involved for every student who is enrolled in the program. The rules are very different for inappropriate behavior when the behavior relates to a child's disability. My guess is that the after school director is concerned that your child will either: a. run away and she will be held responsible or b) hurt himself or another child and she will be held responsible c. lead somehow to complaints by other parents who will hold her responsible for your child's behavior. Even if this is so, she may have no legal basis to remove your child depending upon the mandates for service to exceptional education students. We have students who throw things, have screaming tantrums, and attempt to run off, but staff just has to deal with it because it is linked to their disability.

    Answer by SusannL at 10:20 AM on Dec. 20, 2009

  • Do you have a local ARC branch? The ARC offers day camps & activity programs. They can also help you with your child's rights as a disabled person.

    Answer by motherofhope98 at 11:08 AM on Dec. 20, 2009

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