daycare kicking son out due to sensory needs

Kelly Smith - posted on 05/04/2009 ( 13 moms have responded )

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Our son is being kicked out of the day care he has been in for over a year because they are stating that they can no longer deal with his "increased sensory needs". Does anyone know if they are legally able to kick him out based on his sensory needs? Is there any place I can research that further? Any help would be appreciated...they blind sided us with this and gave us barely two weeks to get him out of their facility. Thank you for your time!

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Kelly Smith - posted on 05/29/2009

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Thank you for your time. We are in the process of looking for a new daycare for the Fall. Luckily we have a sitter for the Summer that is very good with my son(actually, both the boys:). She is going to school for special education and she is caring/helpful. Hopefully we will find a center that does as good as job as she does(the babysitter goes to college in the Fall and won't be able to watch the boys anymore). Again, thank you for your time and information!

Deborah - posted on 05/23/2009

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I have been fortunate enough to have a son with SPD who has been at the right day care. I am very sorry for you having to deal with such insensitive people. These types of people do not deserve to be in the day care business. I have found that my son, and most kids with this disorder, do better with a creative teacher who is somewhat happy. Obviously there are no teachers who have any type of personality there, so just keep your eyes open and look for the most playful teachers if you can. They really have patience and your child will do well. You should move to Cartersville, Georgia. The school system and day care my child goes to is the best. I would recommend this area to just about anyone. I hope you find what you need.

Deborah - posted on 05/23/2009

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Please, read up on the Americans with Disabilities Act of 1990. There is a lot of information, but this is the beginning. Children have rights just as adults. Also check with Civil Rights Acts.



Americans with Disabilities Act of 1990

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The Americans with Disabilities Act of 1990[1] (ADA) is the short title of United States (Pub.L. 101-336, 104 Stat. 327, enacted July 26, 1990), codified at 42 U.S.C. § 12101 et seq. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.[2] The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964[3], which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.



On September 25, 2008, President George W. Bush signed into law The ADA Amendments Act of 2008 (ADAAA). It is intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive.[4] The ADAAA includes a list of impairments to major life activities.

Kelly Smith - posted on 05/21/2009

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Thank you for all of your input. We did luck out and found a sitter with some previous experience in watching kids with special needs, at least for the summer. This will give us some time to explore our options. A lot of day cares that say they accept special needs kids are very limited in who they will accept. I guess if they don't feel up to the challenge, they come up with a reason. The biggest reason seems to be that he's not potty trained at 4 years old. Even though I tell them that the one doctor he has feels that it is due to the sensory deficits/needs.
I really do appreciate all the input. Hopefully I can be as helpful in the future:)

Shantel - posted on 05/20/2009

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Wow....do you have a county health department that can refer you to Early Intervention Services or school based service? If your child has been diagnosed with SPD, you might want to review the American's With Disabilities Act for further information.

Phoebe - posted on 05/10/2009

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My son was also just asked to leave his preschool. He was having potty accidents because the potty situation was too hard for him. (potty right in classroom with half door so super loud and stimulating.) So indirectly kicked out for his special needs.



I was very luck to find him a wonderful Montessori home school with only four children. She agreed to lower the rates for us to match the old school, because her enrollment is down. He is very happy there but eventually I will need to get him back into a bigger school to prepare for kindergarden.



I am sorry you are having to deal with this. Just wanted you to know you are not alone.

April - posted on 05/08/2009

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I am so sorry for what you are going through. I live in FL & know here they can do that in day care & also some preschool programs too. FL is really bad when it comes to children that have sensory Intergration. My daughter is 4 & we have her in therpay & she was going to a preschool. Things did not work out there for them or us. So I know & truly understand. My hubby & I are doing lots of research & found the best place for her will be a school where they have a Occupational therpastis on school property. We found a couple of places but they are back north CT. It is frustrating when you find a good place & then the price of the school may get in the way. We have found some funding & things like that through our town we live in. So research a lot on the internet & depending on where you live the daycare may not be able to do that. Good luck with everything. April

Erin - posted on 05/07/2009

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I'm so sorry...we've now been through this twice with my son (and the first facility only gave us one day of notice!). On both instances I've turned right around and told them that clearly they are not the right place for my child if they are unwilling to give him the attention he needs and unwilling to make small adjustments in the classroom suggested by our OT. My heart is breaking for you...I know how angry and frustrated you most likely are right now and how worried about how this will affect your son in the long run, but trust me when I say that you'll find the reason for all this. And you'll see your son thrive once you find a place that is willing to accept him and his needs. Daycares seem to be able to make these calls whenever they like with very little legal obligation...unlike "real" school. And I've come to learn that it is a very common thing...especially with boys. My advice is to join care.com and try and secure yourself a temporary at-home sitter so you can take your time researching new facilities so that you can be confident in your final choice. Good luck!

Amelia - posted on 05/07/2009

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my 3 yr old daughter got kicked out of her dance class, after 20 minutes on her first day. She is PASSIONATE about dancing. I was mad at first, but then thought "do I want to send my daughter where they are going to give up on her after 20 minutes?". So I found another place that was more accepting - they deserve my money and support, not Ms. Crapppy dance teacher!

Robin - posted on 05/07/2009

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I know you've been blind-sided by this. How awful! But, I am not sure I would want my child attending a daycare that "can't deal with his needs." How frustrating for you and your child!

Sandra - posted on 05/06/2009

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Not sure about the leagal side at a day care, school age even preschool can not. What is his age, does he receive services?

Stacey - posted on 05/05/2009

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I don't know if there are any legal issues regarding this... I do understand how difficult this is though. I wish you the best! When others make comments about my son and "his issues" as they call it (some refuse to recognize that he has special needs) -- I always feel like I'm the only one who loves him. It's hard to have other people look down on your child. I hope that you can find great care for your son!

Angie - posted on 05/05/2009

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How old is your son? I can't believe they are kicking him out because of his "increased sensory needs", and actually told you that! I am more familar with once kids reach school age and their rights in the school setting. I don't know how daycare works. You'll have to let me know what you find out.

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