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Latasha:  Hello, My son was in private school and we were paying his tuition each month. The teachers was concerned about his level of keeping up with the material that they were teaching, they suggested that he be tested. We had him tested and he does have a disability. The school told us that they can no longer accommodate him and that we have to find him a new school. Is that something that they can do by law?

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Jill G
04/11/2016 7:17 pm

Latasha –

Two laws potentially offer protection to students with disabilities in private schools – the Americans with Disabilities Act (ADA) and Section 504 of the Rehab Act.

The ADA applies to all private schools, except those run by religious groups (including parochial schools). Section 504 applies to any private school, religious or not, that receives federal funding of any sort.

If it is covered under either of these laws, the school must offer your son reasonable accommodations to help him access the program.

04/10/2017 11:47 am
Reply to  Jill G

the question remains unanswered, does the private school have the right to ask the child to leave their school. Staying would possibly be a bit uncomfortable as well. I know the law says they have to provide reasonable accommodations, but does it say they CAN ask the child to withdraw.? or are their legal ramifications for that??

04/11/2017 7:48 pm
Reply to  andrea

Some private schools will “not invite a child back” next year to enroll for various reasons. Does one want to force a child to stay at a school where the teachers are not accommodating or even have the training to give support, monitor progress and such? I agree the school must offer reasonable accommodations. Remember, your child has to exists in that private school environment that is not invested in your child or in training the teachers to accommodate your child. Remember, your child will know when he/she is not learning or grasping concepts. Your child will know when others are or are not invested in his/her education.