Can my daycare refuse to put my 3.5 year old son into the 3-year-old classroom because he is autistic?

Question

My son has been in the same daycare since he was 7 months old. At 17 months, he was diagnosed with autism. He is now 3.5 years old and is enrolled in a Pre-K program for autistic children. He attends the same daycare after school. They will not put him in the 3 year old classroom because he has a tendency to roam around. Instead, they are keeping him in the 2 year old class (which is enclosed). As I understand it, daycares are required by law to place children in age-appropriate daycare settings unless the parents or guardians agree to keep him in a younger classroom. I want my son to be in the 3 year old classroom, but the director refuses. What are my options?

Answer 1

I don't understand why you would want your child in this preschool program.  They have told you that they don't want him.   apparently the teacher doesn't feel SAFE with him being in her classroom-    what happens if you FORCE the situation and something happens to your child- or one of the other -  I personally would not watch a child that I didn't feel SAFE ABOUT.   I would want whats best FOR THE CHILD.

He is autistic - he needs more help and guidance then a typical preschool program.  I know there are programs out there because I have dealt with autistic children.    I would much rather have my child in a program like that - where he can get one on one help.  The teacher in this preschool apparently can't keep running after your child, and I personally think she did the right thing -  she can't ONLY think of your child, but,  she is taking ALL the consideration of ALL the children.     Maybe you'd like to volunteer everyday at this preschool- and YOU can run after your child when she is dealing with the other children, that way, its a WIN WIN situation for all involved!!

Seems to me in this situation you are either ignoring or denying that your child has autism by wanting him in a classroom full of children without autism.  Honesty- I think you need to do whats best for your CHILD.......and not for you.

Answer 2

The laws for daycare are held at the state or local level.  I'd give the local level a call and see if there is such a law.  I'm not sure that it is in your son's best interest. When he roams... where could he roam to?  

Yes, he is autistic BUT his behaviors are bit much for a under trained, well-meaning daycare staff member. It is not reasonable for a daycare to accommodate all special needs children under all circumstances in a manner that a special education classroom might.  Those college level teachers & paras/assistants are particularly hired and trained, meeting much higher expectations.  They also have much lower ratios and specialized classroom materials.  In a daycare, most teachers have taken ONE class prior to being hired and work part-time while fulfilling other requirements.  

Do what's best for him and leave him with the 2's. Ask the special education teacher if they know of another daycare with enclosed classrooms for all children?

Answer 3

Everything needs to be done in writing. Write a letter to the head of this school explaining everything that has happened. Even if it is the director telling you that he can't be in this class.

Also in the letter ask for a copy of  the written policy that states your child can not be in this class.

If it is not written in the policy they can't do this.

State in the letter that unless they provide this information to you in their written policy, that you expect your child to be placed in this class immediately or you will file a formal complaint.

Answer 4

First, I would be curious as to know why you would rather your child be in a room where he is not the safest?  As a mother of a child with autism, the first thing I look at is his safety.  If the other classroom can not meet his needs than you need to consider what best meets those needs.  

Technically the day care could refuse to accept him if they do not have the proper services or the ability to provide for his care.  If you are unhappy with the arrangements then look for another day care.  But, one thing I would like to point out is that it is about your child and what is best for him, not about you.

Answer 5

You would need to find out what your daycare's policy is on special needs students.

Even though your son may be 3 1/2, it sounds like he isn't participating on the same level as the others in the 3 year old classroom.  They may have a lower ratio in the 2 year old class, as well as the enclosed environment which is safer for your son.

What are the reasons you would like your son in the 3 year old class, as opposed to the 2 year old class?  Without being aware of the specific challenges that your son faces, it is very difficult to state which situation truly is in his best interest.  

It sounds like he will be getting a lot of social interaction at his Pre-K program.  

My son is also Autistic, and we had many challenges with his day-cares in the past, simply because they were not trained or equiped with how to deal with his needs.  Safety for him and the other children should be a high priority.  I would recommend talking to the director more about her reasoning, and asking her if there were specific times he could go into the 3 year old class, such as during structured activities.

Best of luck!