Legality of Daycare refusing to take our 3.5 year old with special needs due to him not being potty trained?

Question

Hi everyone,

I am the father of a 3 and a half year old with an undiagnosed developmental delay. They have run the whole battery of tests, and nothing so far. He has gross and fine motor delay's. No speech (or sounds) but can sign about 18 rough signs, wears SMO's to help his walking. They think he might have Angelman Syndrome, if that gives you any indication of his personality.

We are currently losing our in home daycare provider, as she feels our son takes up 'too much" of her time, thus taking time away from her family. We have been trying to find a daycare, but the only daycare within the school district (he is in the PPCD program) will not take him, because his is not potty trained. They stated that he would need to be in the 3.5-4 year old room, and that they can't put him in the 3-3.5 room, due to his age. They have no changing facilites for children of that age.

Is this legally allowed? They have two of the other kids from his PPCD class there. We do not know what to do.

Answer 1

At his age, he is eligible for district services.  You should contact your school district and tell them you want a child study team meeting and a complete educational evaluation. If he is eligible for special services, the school district is required to place him in an appropriate placement, even if that means placing him out of district. Daycare centers can refuse to admit children that do not meet their requirements. I know you have said he has had a battery of tests, but make sure a hearing evaluation by an audiologist, and oral motor eval has been done.

Answer 2

I understand the situation you face.  Unfortunately, it sounds like the facility in question isn't equipped to care for your son.

What would you like them to do?  You haven't actually stated what you consider the solution to be.  It's not sufficient to say "I want them to take our son."  You need to decide *how* they will care for him.

Answer 3

Your child is old enough for a public school Pre-K. Every school district is required to have a "Child Find" component to seek out and assist parents with special needs children that are too young to identify by testing.

The category that will apply to your child is Developmental Delay. He can carry this label until he is six. At that time he will be tested and either dismissed from the program if he is doing well or be given a different label, depending on the testing. He will then be placed in a class that meets his needs. He will be served at first in special education Pre-K and usually they will potty train him.

Call the district and ask to talk with the "Child Find" Specialists. If they don't know what that means, then talk to the Pre-K Coordinator in Special Education. Tell them about your son and ask that he be assessed for a possible developmental delay and that you want him to attend public PreK.

I wouldn't push to get him back into this daycare. They obviously cannot manage your child, don't know what to do and are not qualified to deal with his needs. If the school district sits on its hands, then call your state's Department of Education and talk to the Director of Special education.

Once you do get him into a public school, then he is protected under the Individual with Disabilities Act of 2004. Actually he is already protected. I suggest you go on the 'Net and read about this act as it pertains to Child Find and Pre-K. You will be much better off.

Answer 4

Hello...I have a 3 1/2 year old that is severely disabled with Rett Syndrome. I think you are looking at the wrong place to care for him. A daycare has limitations to who they are qualified to care for, and a child with delays is not in their expertise. I know private daycares do not have to provide care for delayed kids, the gov. says that the schools have to provide care. You should be getting respite from your regional center or IHSS (not sure if it is called that where you live...I am in CA) to pay for an in home caretaker for him. This requires that you have a Medicaid waiver for medical deeming...which any child with severe delays should qualify for. I have also heard that some areas have care centers for disabled kids but I think they are in more populated areas. I'm sure your regional center could help you with all of this.

Answer 5

You need to have the school district point you to a school that can deal with his problem with the inherent delays.  It is up to the school district to provide early interventions services for him and if you and your wife have to work than they should provide him with a daycare center that can deal with the situation. IT's the law and you need to make sure that they do so.  Some times it's up to the parents to force the issue and even though daycare centers usually have the choice of whom they serve if you're not paying and the city or town is than they have to make accomidations for children with disabilites at least until you can find another site for him.  You really need to push the issue with both the school district and the daycare provider.  Also go to your state's VESID web site and see if you can find a school for him your self.  VESID stands for Vocational, Educational, Sevices for Individuals with Disablities.  They should have a list of the state approved programs for children of his age and develop mental levels. Try that also that's how I found the school that my daughter goes to.  Her disabilites aren't as bad, but she still needed a school for students with disablites. My oldest daughter was developmentally delayed from the start so getting help for her was easy because it was evident from a very young age that she was delayed.

Answer 6

I'm not an expert, but it does sound like he falls into a gray area.  Daycares often have specific regulations they have to obey, due to insurance and/or licensing issues.  I have no idea if your situation falls into one of those areas, but that is often why they have such strict regulations.

They also may not be trained or equipped to handle his needs; you stated that there are two other kids from his PPCD program, but are they at the same severity with their needs?  The daycare may really feel that they are unable to fully accomodate your son, and are hiding behind the potty training thing.

Does his pediatrician have any ideas on where you could go for advocacy?  I don't know much about Angelman Syndrome, but there are generally advocacy groups for special needs kids that can give you both legal tips and child care ideas specifically aimed toward your child's needs.

Answer 7

as much as I want to tell you to fight this daycare for your son's rights,  I'm going to tell you to find another place to take him.  I have worked in many daycares and believe me, they are not going to take care of him the way you want them too.  Daycare is hard work and most of the time the teachers do not have a degree over a high school diploma and do not have the training for a special needs child.  I also am the mother of a special needs child and I had to find work I could do at home so I could be w/ her b/c there wasn't a place she could go.   good luck!

Answer 8

If its a private daycare they cant be forced to take your child. As for what to do is there a therapy center in your area such as Easter Seals or ARC(formerly Aid to retarded Citizens) that would have a list of childcare providers that can deal with special needs?

Answer 9

don't know what state you are in...

but here in florida we have a pre-k class for children in your child's situation.

It is not a day care, but the public school system and will not turn any child away for this problem.

we go up to the 5th grade and and then further in middle school and high school.

check your public school system for delayed children on this.

In florida , it's called  "No Child Left Behind"

Answer 10

Good luck to you.

Answer 11

Well, if it's a private daycare, then they can choose to do that, I'm sorry. If they accept any sort of federal money, then they are required to accept him with special services.

I would definitely contact your local school district. Your son qualifies for early education settings, as well as therapy under IDEA, another federal law. He does not need a diagnosis for services. Not only providing a classroom setting, but they could also help you find a day care that is more suitable for him. You should also call your local developmental disability services office and ask for referrels to special needs daycare.