Discrimination?
I picked up Smiley from daycare and was notified that he cannot attend there anymore after he turns 4, because they are only licensed to take kids under the age of 4. Sounds, fishy, considering they've had kids over 4, but I accept that and they send me home with a letter...
The first paragraph explains the age issue which is fine, but the second paragraph says that there had been some changes in their liability policy which precludes them from keeping children with any physical, emotional, or mental disabilities. The next paragraph reccommends(yes, they make a reccommendation) that Smiley be placed in a special school where he can receive the attention and training they cannot provide and that he has the potential to live a better life with proper schooling.
Ok, I really don't want to sound like a bitch and expect them to cater to my kid, but he's not much different than a 1 yr old child, and the size of a 1 yr old child.
So any legal people here? Help me out.
Can insurance company from a STATE CERTIFIED daycare really tell them they cannot accept any children with disabilities? If so, then technically Smiley should have to drop out now, not on his 4th birthday in 3 weeks right?
The first paragraph explains the age issue which is fine, but the second paragraph says that there had been some changes in their liability policy which precludes them from keeping children with any physical, emotional, or mental disabilities. The next paragraph reccommends(yes, they make a reccommendation) that Smiley be placed in a special school where he can receive the attention and training they cannot provide and that he has the potential to live a better life with proper schooling.
Ok, I really don't want to sound like a bitch and expect them to cater to my kid, but he's not much different than a 1 yr old child, and the size of a 1 yr old child.
So any legal people here? Help me out.
Can insurance company from a STATE CERTIFIED daycare really tell them they cannot accept any children with disabilities? If so, then technically Smiley should have to drop out now, not on his 4th birthday in 3 weeks right?
posted by Dream Mommy @ 5:38 PM
6 Comments:
At 7:24 PM,
r. said…
This post has been removed by the author.
At 7:52 PM,
r. said…
Quick note: I'm not a lawyer so take whatever I say with a grain of salt.
The ADA, though, is federal law, so that's easier. If your childcare is operated by a religious entity, then it may be allowed to discriminate. Otherwise, the ADA's public accommodations requirement ("Title II") should apply. In the child care setting, making a place accessible for people with disabilities would include not having a blanket rule to keep them out.
For ADA purposes, whether or not the insurance policy says that is kind of besides the point--it doesn't absolve the daycare of their responsibility to follow the law. (Suppose your insurance policy told you to vandalize someone's house. Policy or no, you'd still be legally liable.)
Insurance policies tend to be governed by both insurance-specific statutes and by general contract law. Unfortunately that general contract law I know only applies to common-law states, not to Louisiana. If the insurance company did say that, they might be running afoul of Lousiana insurance law. In any other state, there's a general principle that a contract is void to the extent that it requires a party to do something unlawful, but I really don't know if Louisiana has an analogous rule. But like I said earlier, that's the childcare provider's problem--it really shouldn't matter as far as you're concerned.
Here's some sites you may want to look at:
Questions and Answers About the ADA: A Quick Reference for Child Care Providers (pdf), from the Child Car Law Center
(See Questions 6, 7, 10, and 19.)
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act. This webpage doesn't look like it has been updated in the last ten years, but the government's ADA publications page still links to it, so it's probably still good.
At 6:06 AM,
Mom2*2gr8kids said…
That's horrible! Well even if you have a case and legally they HAVE to keep him... Obviously, for some reason, they no longer want him there. So I wouldn't feel comfortable about him being there.
Do you have special ed. preschool in your area? He may be too young for now, but I would call and ask if they have any suggestions.
Any church daycares?
Aren't both kids at the same childcare?
At 5:00 PM,
QuEEn oF tHe cAstLe said…
unbelieveable!!! I would call a lawyer to see what his rights are. !!! :*(
At 5:06 AM,
Mom2*2gr8kids said…
Happy to hear you found a good daycare for him! :)
At 4:31 PM,
KrazyMom said…
Wow, I run a state licensed daycare and I have never heard of such a thing. If it is the insurance that is making them do this, then maybe they need to find a new insurance carrier. If it is them, themselves, that are feeling they are not meeting Smiley's needs then they need to speak with you about that rather than pointing the finger at someone else.
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