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How are accomodations determined? Who decides one on one care is needed? County rec center denies autistic boy

I

have a 7 y/o autistic boy, who is enrolled in an elementary school

with his neurotypical twin sister and NT older brother. Our

before/after school program for working parents is run on site by

county parks and recreation. They advised me today that besides not

having room this year, they would not be able to accomodate my son

because he requires one on one attention that they cannot provide

there. I dont believe I asked for one on one attention. The worker

advised me that their safekey program (thats what its called) is in

effect at another school and that he can attend with accomodations

there. My son does not attend that school. Who determines when a

child needs one on one accomodations and how can a county service be

at one location and not another? It is reasonable in one location

and not the other?? I think this falls under the ADA. Am I barking

up the wrong tree? Any suggestions? Comments??

3 Answers

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  • 1 decade ago
    Favorite Answer

    When it comes to day care and after care facilities, ADA claims are harder to prove because there are so many state mandated regulations regarding staffing and other issues. By enrolling your son without proper training and staff to handle his condition, whether acute or severe, they run the risk of compromising the care of other children. The fact that they gave you other options that would be more appropriate makes me think that no one would make a finding that discriminiation occurred. The ADA means they can't use his autism to outright deny him, but providing other options that are more suitable is an acceptable accomodation. In fact, so long as there is an accessible service somewhere, though maybe not at the location you desired, its less likely a finding of discrimination would occur.

  • 1 decade ago

    I don't know what type of autism your son has, whether it's mild, moderate, or severe, but I have worked with autistic individuals and have seen some of them with moderate or severe autism break out into uncontrollable rages when there is to much noise, or to much coming at them at one time. So, I cna understand why the school would want to make sure that they had the proper accomodations. They're probally just looking out for the best interest of all of the children. Although I am sure that the school can empathize with you, your his mother and it is your job to find suitable daycare for him when school is not in session. Anyhow, I wish you luck.

  • 1 decade ago

    I taught special education for 7 years. The IEP team will determine your son's accommodations. I'm assuming he has an IEP. My advice to you is to be VERY proactive and supportive of the teaching staff, be knowledgeable, and ask LOTS of questions. After/before school programs may not have to adhere to his IEP, you would want to look into that. Sometimes students are sent to another location for services as long as it's "reasonable." Most of the time the school has programs in place and they "fit" the student into the program as opposed to fitting the program for the student.

    I have a feeling that his afterschool program will not be covered by an IEP as it is not the regular school day and not required to maintain a "free and appropriate education" - "appropriate" leaves a lot of flexibility in determination. But I would really like to help you w/ any info (tmr3c to email if you need more help!) -- I miss teaching and good luck. Be a strong but pleasant advocate and hopefully your son's teachers will be the same! Good luck!!

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