Legal Question in Disability Law in Pennsylvania
Can a private school deny entrance to my son because of his disability?
Can my 4 year old son, who has high functioning autism, be denied entrance to a private school based solely on his diagnosis of high functioning autism? Can they deny entrance to his aide? He currently attends a daycare affiliated with the school where he is doing very well, but we have been told that his aide will not be allowed in Pre-K.
1 Answer from Attorneys
Re: Can a private school deny entrance to my son because of his disability?
Private schools and daycare centers are subject to Title III of the Americans with Disabilities Act provided they are not a religious school. Daycare centers may not exclude children with disabilities from their programs unless their presence presents a direct threat to the health and safety of others or would require a fundamental alteration of the program.
I'm am aware of a national chain daycare center which has excluded students with disabilities who require aides in the classroom and I am working on such a matter.
I you wish to speak further about this, feel free to call me.
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