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My son who is 3 1/2 has a behavioral problem and started pre-school....

His first day after 29 min of being in school the school called and told me to come get him because he would not follow the rules like the other children. Since then they say he cannot come back to school until he gets some type of behavior therapy, I am trying and trying for a appt. with a terapist, they all have ridiculous waiting lists. My question is, is it legal for the school system to continue to blow me off and not allow him in school, he only attended that one day that's it they didn't even give him a chance to this legal??


Asked by jsimonds220 at 12:18 AM on Jan. 6, 2010 in Preschoolers (3-4)

Level 3 (23 Credits)
This question is closed.
Answers (10)
  • It's not required. Is it legal? Yes and no. Really, they can give any reason they like even if it's not true (i.e. endangering others) to make the decision that he shouldn't be allowed in the program. I don't understand why they made that decision in one day unless he did something really, really bad. No, because making that judgement in one day seems more like a discrimination thing to me. Don't fight it because it's not worth it but do contact someone in this department and tell them your situation.


    Answer by legalmommy101 at 12:48 AM on Jan. 6, 2010

  • Depends on if preschool is required in your state.

    Answer by legalmommy101 at 12:22 AM on Jan. 6, 2010

  • I live in Massachusetts, I am not sure if it's required or not.

    Answer by jsimonds220 at 12:23 AM on Jan. 6, 2010

  • Public or private preschool?

    Answer by legalmommy101 at 12:29 AM on Jan. 6, 2010

  • public

    Answer by jsimonds220 at 12:30 AM on Jan. 6, 2010

  • Thank you for all of your help, I'm going to look into it because I agree that they didn't even give him a chance, all your info helped thanks again:)

    Answer by jsimonds220 at 1:17 AM on Jan. 6, 2010

  • The only thing they told me he did is he wouldn't sit in a circle he just continued to play, he is not violent at all just likes to march to the beat of his own drum, doesn't like to follow the rules.

    Answer by jsimonds220 at 1:19 AM on Jan. 6, 2010

  • you should really tell your son that he has to do what the teachers want him to do like everybody else, does. whether its listening to a story ,or playing a group game , or singing a song, or coloring ,laving luch, napping. or what ever else it is that they do. Tell him that he has to follow the teachers direction s and do as told like all the other you must sit and talk to the teacher and someone in that department together and find out what your son really did for the teacher to tell you not to bring your son back, the very first day.

    Answer by incarnita at 8:43 AM on Jan. 6, 2010

  • I had long, long talks with my son and he acted like he understood then he went that day and did the opposite. I have spoken to the director of that department and the teacher all they are offering me right now is to come to my house once a week for a hour(after the school day is over)

    Answer by jsimonds220 at 8:55 AM on Jan. 6, 2010

  • I'd look into the legality of this if all your child did was not sit. At 2 1/2 I had the same problem with my son. After a month of not participating, they were rumbling about my pulling him out. He was in Early Intervention at the time for speech delay and I was told that legally the school had to make "accommodations" for him. One of his EI therapists went to observe him one day (unseen by my son) and he was the perfect student that day. he's done fine ever since he just needed longer to adjust. Your state probably has a web site that has the contact information for services in this area (look for where your Early Intevention info is, thae services are related.) It's also possible that they didn't tell you everything that went on...

    Answer by Anonymous at 11:01 AM on Jan. 6, 2010

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