Legal Question in Disability Law in California

Child daycare discrimination

2.5 year old son had sensory integration disorder (mild), low muscle tone (mild) and general developmental delay. He receives therapy and is making rapid progress and will be walking soon. He is social but prefers to play alone. He requires verbal prompts and minimal assistance to get into chairs, etc. He is a happy child and usually in good mood

He attends regular preschool which has been asking us to leave since Nov. since they feel they cannot care for him without a 1-1 aide. His drs and therapists do not think he needs an aide. We would like them to try to accommodate him and work with us to transition him to the toddler room. They are refusing to assist in this process and seem to want him to fail. Administration seems to be the problem but now the teachers are also starting to have an attitude of wanting us to leave. We love the program and want to stay. Our PT and OT have offered their help in how to accommodate him and the help was refused. We advised them of their responsibilities under ADA and Unruh and nothing has changed. They say they have only til April 30th before licensing extension to stay in infant room ends. We want him to move to toddler room but they won't help us achieve this goal. Help is needed


Asked on 4/07/09, 10:29 pm

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Child daycare discrimination

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 4/14/09, 1:23 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Child daycare discrimination

"Special needs" children are a subspeciality of family law, and I don't have the expertise to advise you. If you don't get an adequate response to your inquiry, I would be willing to help you find the right attorney to handle this issue. It deserves to be handled.

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Answered on 4/08/09, 1:48 am


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