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The potty training
David,
One thing to consider is that the public school system and even private are not allowed to "touch" children abet, not being able to change a child's diaper. We in middle school have to be careful about even touching the kids, head, backs etc. Changing a diaper would need to be in the area of a parent or guardian and unless the parent is at school all day the teacher would NOT be allowed to change a child's diaper. If there isn't a medical issue (the grandmother said she was checked out and nothing was wrong), then maybe a child psychologist might be in order, to find out why the child is holding back something so crucial that makes them uncomfortable. Anyhow, you can't really sue based on the state laws of touching kids. Even in pre-school in Ohio we could only "help" the kids unbutton buttons, we couldn't help get pants up or down. Shirley |
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The potty training
Shirley M writes:
One thing to consider is that the public school system and even private are not allowed to "touch" children abet, not being able to change a child's diaper. I'm not unsympathetic to such issues, but the school system has the obligation to find a way to deal with them. Such local rules can't possibly outweigh the legal right to an education. Perhaps they will want to send the child to an alternative school. But they have to do something. If there isn't a medical issue (the grandmother said she was checked out and nothing was wrong), then maybe a child psychologist might be in order, to find out why the child is holding back something so crucial that makes them uncomfortable. Anyhow, you can't really sue based on the state laws of touching kids. It's clearly a medical problem, regardless of whether the doctor can or can't find a physiological cause. I'm quite serious when I suggest a lawsuit. Most states have an obligation under their own state constitution to educate children of school age. Refusing to accept children who can't use the toilet into school would also seem to violate the Americans with Disabilities Act, and probably other federal laws. Any state law that purports to keep children out of school because the school finds it inconvenient to educate them would be invalid on several different grounds. The obligation of the schools in this regard is so clear that I think just escalating the issue to the attention of the appropriate people at the district level would probably lead to some satisfactory resolution, without actual litigation. David desJardins |
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