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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 12:10 AM on Dec. 20, 2009 in

Answers (12)
  • Um I don't think so. I would look into that a little more.

    Answer by kendra1417 at 12:14 AM on Dec. 20, 2009

  • If it is a private after school program they can kick them out for just about anything unfortunately. I would call and speak to the director and the board if they have one and see if they will reconsider, or find him a more supportive program.

    Answer by truealaskanmom at 12:14 AM on Dec. 20, 2009

  • I don't beleive they can no. Call the ADA And the principal

    Answer by CuteandCurvy at 12:15 AM on Dec. 20, 2009

  • Do you have a 504 on file for him? There are laws protecting children now with ADD/ADHD/AUTISM

    Answer by ronjwake at 12:16 AM on Dec. 20, 2009

  • Yes, they can. Read your contract, an afterschool program, daycare or preschool can refuse service to anyone for any reason. The afterschool program is more than likely NOT ran by the school, so a 504 or IEP has no affect. Talk to the director, there may be more going on than she is saying.

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

  • Our school does run the after school program here tyfry. The recieve funding through the state to operate it. Of course, all schools are different.

    Answer by ronjwake at 12:21 AM on Dec. 20, 2009

  • if the after school program is at your child's school i don't think they can legally kick him out, they would be aware of his disabilities. however, it sounds like the workers were unaware of his disabilities, did you inform them. i would talk to the director of after school program and explain the disability--unforunately, if they do not have the staff or training they probably can. so sorry, i totally understand i have a child with a disability and its hard. do you have any of his classmates phone numbers there might be a sahm looking to make extra money. also maybe a teenager in the neighborhood. good luck so sorry .

    Answer by ohio4 at 2:03 AM on Dec. 20, 2009

  • I don't know enough about this; but am very saddened by your situation. I am more and more opposed to sending my angel to school one day after stories like this, that is what our schools are teaching, insensitivity.

    I beg you really, to seek out a 3rd party advocate. I know its hard to find at times, I know I've been thru some experiences where I didn't know where to turn then it was too late, so since then I atleast learned that United Way helps direct any member of the community.

    Answer by Anonymous at 4:09 AM on Dec. 20, 2009

  • My son has odd and a few other diagnosis. Althought our situations are different (he attended after school program just because his sister did), I pulled my son out. I had received three phone call regarding his behavior. He was running, back talking, and causing major disruptions. He does not do well in a enviornment that isnt as structured as his sped classes and he tends to get over excited. I felt that it was a disservice to the other children in the program, if the teachers constantly had to redirect my son's behavior. The last phone call I recieved had the intents of suggesting we take him out of the program, which I did.
    If it is a private program run by an outside entity, they can kick him out. Sorry,

    Answer by momsbreak5654 at 4:55 AM on Dec. 20, 2009

  • Afterschool programs aren't mandatory schooling. They are considered extras, even if provided at the school by the school. It's like sports, clubs and other after-school activities and programs. So yes, they can kick him out.

    Answer by Anonymous at 6:05 PM on Dec. 20, 2009

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