My daughter has to have diaper changes and they told her at school that she needs to change them herself.?

Question

She was born with spina bifida and the school is supposed to change her diaper at school, but she came to me today and said that they told her that she needs to change them on her own. But she can't. She's 6 years old and can't clean herself the way she's supposed to be cleaned. she is very prone to infections so she needs to have someone do it for her. She's come home with her diaper kind of twisted where she tried to change it herself and she wet her pants cause it wasn't put on properly. Now i'm going to take her out of the school, and home school her from now on. Is there anyone that has legal advice for me, or anything because i don't know how to go about it with the school board. It's stupid that a child with a disability has to change her own diaper. What can I do? I want to get my point across to the school because i think that is like neglect to a child.

Answer 1

i would say that yes, you would be able to take legal action against the school.. there are pieces of legislation in place such as the code of practice 2001 which would probably help you. good luck x

Answer 2

Thats very un-fortunate for you, i am a father of 2 boys (5 and 8) and they both have Spina Biffida, and they both need to wear diapers to school, and the school do it for them.

Answer 3

i feel for you! This is horrible that someone can be sooooo mean to your daughter! I say you should look for a different day care, if no others available talk to them again and let them know what they are doing wrong, and tell them you will take it to consumer affairs or something if nothings done! Goodluck

Answer 4

Let the teacher know that she has the disability and teach her how to cahnge the diaper herself if one day she grows up and you grow old how is she going to change?

Answer 5

I assume you have contacted the school and they confirmed this?

If so, you definitely have a legal ground to stand on.

Matt

Answer 6

This site may be able to better help you find out what you can do. I would consider contacting them and asking them what your and your daughters rights are in this situation. Our pediatrician recommended Kennedy Krieger when the questions arose if our son might need special care.

http://www.kennedykrieger.org/index.jsp

This is a checklist of questions to talk about with the school staff when putting a special needs child in school.

http://www.kennedykrieger.org/kki_misc.j...

To contact them with your question:

[e-mail]

Answer 7

That is abuse in my opinion.  Not to mention unsanitary!  I would first talk to the school officials and then if that doesn't work I would report them.  This is discrimination and your child has a right to the assistance she needs to be successful in school.  I would guess she is on an IEP (if not you should get her on one) make this part of her Educational plan.  I would be more than willing to help you more.  Feel free to email me.

Answer 8

OMG!!!   Take her out of there!!!  Or, if she has no choices, consult an attorney and your doctor for advice on how to combat this evil treatment!!!  She must be rescued from such cruelty, now!!!

Answer 9

Wow.  Yes, that's neglectful.  If she has a medical disability and they are neglecting her basic needs, pull her.

I would suggest you post this on the homeschool board, you'll get answers there that will tell you exactly what you need to know.

First, homeschooling is perfectly legal in all 50 states, for any reason.  You do not even have to state why you are pulling her - just notify the school so that they don't try to nail you for truancy.  

How to go about it depends on what state you are in.  Homeschooling is legal and legit in every state, but every state has different laws and regulations.  Here is a link that will take you to the information you need - just click on your state, and in the upper right hand corner, the first link will be something about homeschooling legally in your state.  http://www.hslda.org/hs/state/default.as...

You can choose to fight the school all you want, and sit through endless IEP meetings, but in the end, your daughter has needs that the school does not intend to meet.  It's not like they're making her clean her tray at lunch, or play outside when she doesn't want to for recess...they are neglecting a basic need that could not only become extremely embarrassing, but medically harmful.

I realize that it's a pain to change the diapers of someone else's 6yo...but give me a break.  If they will neglect her in this, what other needs will they neglect?  I know hundreds of people that have pulled their kids for a lot less, and their children (disabled or not) are doing wonderfully.

Come on over to the homeschool forum and ask whatever questions you need to :-)

Answer 10

They are in violation of all sorts of laws pertaining to people with disabilities. She should have an IEP that includes the need for diaper changing. Call the Special Ed office and scream bloody murder and then go up the food chain to the State Ed folks if necessary. A lawyer letter might help, as might a letter from whatever advocacy group for the disabled there is in your area. Heads need to roll.

Answer 11

OMG! That's awful, I am sorry that's happening to her. That's just WRONG. I assume she has an IEP...request a meeting and have that included in the IEP, then they will be required to give her assistance.

Answer 12

School districts get a few thousand per child and when the child needs more services than they can afford they tend to do things that will force the parent to withdraw the child, so they can get rid of the problem. My child is also at home.

First you need to know the name of the person that said she needs to change them on her own. Then, you need to talk to that person and tell that person that the agreement is otherwise and the reason why. Ask the person if you need to talk to her/his supervisor. If so, then do that. Keep on going up until you find someone who will listen.

I don't know about your specific condition, but a child can pee all day in a diaper without a change and without risk of a rash. Only the p**p causes a rash. It is possible to compromise and only change the diaper when she poops?

I have a friend who is in charge of doing this task at her school and the school system must change her diaper. You don't want to go to court, but after you go up a few rungs, you can start dropping hints that you will contact an attorney. This threat usually does the trick, but if not, you can have an attorney write a letter to the school district attorney. This will cost the school district more money and it will be in its benefit to order the worker to change her diaper.

Answer 13

that is very sad. i cannot help you but. do the preschool people KNOW she has a desabiility?

Answer 14

iam sorry to hear that they did that to your child but the only thing that i know and iam a school teacher is that you need to get a Dr report about her condition and shove it in the teachers faces and just tell them that they better change your child or that you will get their a** for it.

Answer 15

I was a CBI aid last year and we had 2 kids who needed to have diapers (both 16) and we did it all the time, that is horiable to have the school do/don't do that! I don't know how lawars work but see if you can just talk to one, not even about a case but about what hapened! That's is horiable! wow, I seriously can't get over it, I'm so sorry, I personally wouldnt home school I don't like home schooling! But that's not what you wanted advice on, so I shouldn't have said anything. Good Luck!

In case anyone reading this doesnt know what Spina Bifida is here is a good website:

http://www.marchofdimes.com/pnhec/4439_1...

Answer 16

wow well go to the board meeting and also call the district. isnt there a special teacher at the school who helps and does these kinds of things for disabled children? i completely feel you on this. i mean i know a regular teacher probably should not have to do this...but there should be someone or even a nurse who should do this and they cannot tell them they have to do it on their own. ohhh i would go all the way with this. maybe do you have a local news channel that takes complaints about businesses or schools whatever and will broadcast is on air?? and kinda investigate this? cuz i would do that if needed. i had an issue with my kindergardener (6 too) and was offered drugs. they did NOTHING at all...BOTH times this happened. so i went all the way with it and got some results and answers. good luck to you and your child. i think maybe you are doing the right thing. its hard to trust anyone with your child..especially dealing with disabilities. nobody can or will love her like you do.

Answer 17

They can only have her change her own diaper if it is listed as a goal on her IEP, since she was unable to do it herself before school started in the fall.

All special ed classes have aides who are responsible for the custodial care of the kids in the classroom, even for orthopedically handicapped kids like your daughter.

You first complaint needs to be in writing and addressed to the school's principal. If you fail to get satisfaction there, go to the superintendent of schools. If no satisfaction there, that's when you go to the schoolboard; not before.

Every organization has its chain of command, and the above sequence is a school district's.

Answer 18

Wow that is a difficult question.  We had a child who had a disability and they taught him to change his own diaper (he was 5) but he was able to do it.  When he was younger he had a bag and the parents came to teach the staff how to properly change it.  I'm not sure how things are at a public school since I only deal with licensing with preschool.  I know that at a certain age we are not supposed to clean children so I don't know what the regulations would be for a 6 year old with a disability.  I would contact the ( I believe it's) the American association of people with disabilities.  I know there are many groups out there that can give you advice and let you know the laws where you live.  They can also have people to talk to the school to educate them.  There are services out there to help people in these sort of situations.