Child care centers are covered by the ADA. They can't just kick out a child for being autistic. (http://www.pacer.org/publications/adaqa/childca...)

From the link (more or less): "There are situations where child care providers can legally refuse to accept a child with a disability if the child poses a direct threat to others, or if providing an accommodation would pose an undue hardship on the provider, or fundamentally alter the nature of the program.

But each person must be considered on an individual basis. Children with disabilities cannot be excluded merely because they have a disability, or based on myths and stereotypes about that disability.

Providers must make good faith efforts to consider each child individually. The most important step is that providers and parents sit down together to discuss what the specific needs of the child are, and then see if they are able to meet those needs. If there are costs involved in making accommodations, providers must analyze whether they would pose an undue burden (significant difficulty or expense).

Care providers should remember that there are tax credits or deductions available to help them make these accommodations, and should investigate outside funding in addition to their own resources before they make a final decision on whether or not an accommodation would be an undue burden. "

@A MyAutismTeam Member may i ask where you’re from and what attorney you found? was it any help? i’m dealing with the same issue with my son. barely a week into the school year they called me and said by the end of the week he’s kicked out. i’m trying to figure out if legally there’s anything i can even do about it. they told me they ‘can’t accommodate his needs’ because they dont have enough staff to seperate him from the group if he’s being over stimulated, etc. last yesr they let him use his school laptop if he behaved but this year when i mentioned giving him an ipad or something to keep him regulated, seperate and distracted from all the chaos they said ‘NO. it’s not fair to the other kids’ i feel they should have atleast given my son a chance to adjust the back to school/daycare schedule before deciding to kick him to the curb, with almost ZERO notice might i add. that just doesn’t seem right to me. i may have to quit my job if i can’t find any other childcare and i wouldn’y even be able to give my boss much notice seeing as they kicked him out on tuesday and said he has till friday for care. i need help dealing with this and potentially holding the daycare accountable

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A MyAutis...

My son is almost 10 and had been expelled from several daycare and sure enough It just happened again at summer camp. I will be talking to a disability attorney tomorrow as this is exhausting. They refuse to give him any accommodations and would rather expell him

Hey i have a son with autism. I'll take your son. Call me (Phone number can only be seen by the question and answer creators)

This school my child is in is a regular daycare and they are doing the same thing! They have been indirectly complaining about him since he started but yet they still accepted our paper work. I can’t find a special school because he has not been diagnosed but I know my child has autism I can feel it! At 3 years old, he doesn’t talk doesn’t show the urge to learn, rocks back and fourth all day long they call it “stemming” and says EEEEEEEEEEEE some of the teachers at his school made a joke about it and started rocking with him!! They call it his “special dance” to me it’s not funny because I know that something is wrong with my child I hate Autism!!!!!! And this is my first time dealing with something like this it’s hard it’s embarrassing and frustrating!! I wonder to myself if I can deal with this Or should I just give him to someone who can handle these kind of issues😓 I love him I just don’t feel like he is getting all the services he would need if he stays here with me. In the system they will hurry up and get him services! They will hurry up and get him on SSI and quickly get him a diagnosis versus him staying here it’s gonna take forever to get him into some kind of services I hate this feeling😓😓😓