Reply to Signs your child is on the verge of being "Counseled Out" top private

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[quote=Anonymous][quote=Anonymous]Title III of the ADA applies to public accommodations, which includes private schools. The only schools that are ADA exempt are, ironically, parochial schools. If you scroll down on the links I posted you'll see there are three laws that protect kids with disabilities (mental or physical): IDEA applies to public schools, Section 504 applies to public and private schools that receive federal aid, and Title III of the ADA, applies to public accommodations, including non-religious private schools.
So, if a kid is otherwise qualified to be at the school (passed admissions requirements, is ok academically) and can be reasonably accommodated, a non-religious private school cannot remove a child for a disability.
Funny, we paid full tuition and got counseled out anyway. A friend in a similar situation just made a $25k donation to the school and suddenly everything's right again. How is that any different than extorting extra money out of families with disabled kids? And no, it is not legal to charge disabled kids extra.[/quote]

Your parenthesis says it all.  "Otherwise qualified."  Thats not a one off determination.  If a school can no longer meet that child's needs, the child is no longer qualified.  And just saying your child has a disability isn't enough for the ADA, you have to show it can be reasonably accommodated.  Its reasonable for schools to have elevators for students and employees with mobility issues.  It is not reasonable for a teacher to have to divert attention away from other students.  I am not aware of any case in which a private school was required to accommodate a student it found it couldn't support.

Plus your DC doesn't have a diagnosed disability.  SPD is not a medical diagnosis.  Its possible your DC has another diagnosis -- this is often the case when parents think they know what "it" is because an OT told them their child has SPD.  Its quite possible your DC has something else that isn't being addressed and that compromised her ability to function at school.  I don't know but many parents would take what happened as a kick in the pants to get a full evaluation by a developmental pediatrician and address the problems, rather than blaming the school.

You're angry.  You have some right to be.  But you've worked yourself up into a froth about rights being violated to prop up your anger with righteous indication.  All of that energy should be redirected to helping your DD so she can succeed.  I have a DS with AS (so now diagnosed as autism, but very high functioning).  He has been in an educational setting that didn't work and, as is usually the case when this happens, the school handled it badly.  I was angry, sure.  But I also took it as a lesson that I needed to fit the school to my child, not my child to the school.  Thats my responsibility if my child is in a private school, there is no private school that has a responsibility to educate my child.  Having found the right school, he is thriving.[/quote]

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