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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)


Asked by Anonymous at 12:09 AM on Dec. 20, 2009 in General Parenting

This question is closed.
Answers (4)
  • If the after school program accepts any kind of federal funding or is run by the school district itself, then no, they cannot kick him out for behaviors directly related to his disability as long as the program/school district was already aware that the child has a disability (per ADA). IDEA requires that school districts provide the appropriate supports needed so that the child can participate in social/recreational programs that are held on or off school property as long as the goals of the program can be directly related back to the child's IEP goals. But since your son's after school program is run by your school district & it is on school property w/school employees, his IEP is in force and the after school program cannot kick him out. Time for an IEP meeting, momma. Go get 'em!

    Answer by mom2aspclboy at 9:00 PM on Dec. 20, 2009

  • I don't think they can kick him out. If I was you , I would go to the school and ask their reasons for dropping from the program. Also ask for evidence of all the teaching strategies they have used and see what the outcomes were.
    I almost forgot, did they notify you about his behavior so you could talk to him? Go question them.

    Answer by Anonymous at 2:22 AM on Dec. 20, 2009

  • You have asked this in many different areas and YES the after school program can kick anyone out of their program. Most after school programs are NOT run by the school or school district so they do not have to follow IEP's or 504's. Read the contract that you signed. Talk to the program director about what really happened, there may be more going on than they told you. I worked in a day care that catered to special needs children and we did kick kids out because their behavior or needs were to much for our center to handle. The other children's safety was in jeopardy, so we had to do what was best for all involved. Some programs are not equipped to handle special needs children.

    Answer by tyfry7496 at 12:13 PM on Dec. 20, 2009

  • tyfry7496, I have asked this question in different groups, because different people visit different sections. You don't have to answer more than once, in fact, I prefer you don't answer with your smarta$$ attidtude. I was only seeking advice about what my rights are and about what to do. I got some wonderful advice from several moms. And just because your school does not run the After school program does not mean that every school does not run the after school program. (My son's school does).

    Answer by Anonymous at 1:55 PM on Dec. 20, 2009