Expert: Tim Runner - 11/2/2007

Question
My son has autism. He is 5 years old, and he is enrolled (through a nickerson letter) in a private school for children with special needs. He is toilet trained and he is able to do it at home without any assistance and accidents. Recently he had two accidents Sorry for details - he had a loose stool) in a row in school; and the teacher told me that he is suspended from school for a week because I have to teach him to wear diapers, that he is not allowed to come back without a diaper on. My son has sensory issues, he takes off anything he doesn't like - he barely wears a variety of  cotton underpants. My poit is I can't make him wear anything and I can't reason him to wear anything he doesn't like. My question is: Do the school authorities have any right to suspend him from school on the above mentioned account, do they have any right to expell him from school for not wearing diapers?
Thank you.

Answer
Lara,
Because your child is in a private school, you have to follow their rules. I'm sure you have already talked with the private school about allowing you an exemption from their rules. If they will not, then you will have to go back to the New York public schools (who provided you the Nickerson letter) to see if they can help you find another school that meets your son's needs or to see if they can get the current school to cut you some slack. Private schools can, under the law, establish their own rules and they usually make parents read these rules and sign an agreement stating they will follow them.
I wish you and your son the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com