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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My Autistic boy has been kicked out of a number of day-cares

Customer Question

My Autistic boy has been kicked out of a number of day-cares and summer programs due to a condition of disability. He has a tendency to run when he gets over stimulated. The current (trying to remove him now) and past day cares use the reasoning of safety due to ratios of teachers when one has to leave to chase him. We’ve explained my son’s the condition up front to each place.
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Could you please clarify your question for me so I can better assist you? Thank you.

Customer: replied 1 year ago.
Do we have any recourse against the day care for trying to remove our autistic child under ADA?
Expert:  MIAMILAW1127 replied 1 year ago.

So, the ADA prevents a private business from discriminating against a person with disabilities.

However, they are not required to allow your son to attend the school if they have a valid reason such as they will not be able to accommodate your son by insuring his safety since they are not equipped for that.

You can try to sue the day care, but I don't believe that this will pass the necessary test for discrimination under the ADA.

Customer: replied 1 year ago.
The safety is based on the California Ratio of 14 kids to 1 adult. They typically have 2 plus one administrator in the class. He typically stays in the school yard. Also, are they libel if they refuse to implement plans to keep him from running.
Expert:  MIAMILAW1127 replied 1 year ago.

If they refuse to implement plans to keep him from running and he runs and gets hurt, you can sue them for negligence.