Jan: Is it legal for a school district to deny a three-year old child access to preschool if they are not toilet trained? There isn’t a toilet in the classroom which is the basis of the decision.
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Preschool programs should focus on facilitating children’s growth in their developmental skills. One of those skills is self-help and hygiene, and toileting falls under this area. A preschool classroom without a bathroom is already a sign that basic needs (the most important) may not be a priority in that program. Enrolling your child in another program may be a good idea (band-aid solution), but relocating the program to a building that meets the full comprehensive developmental needs of all children would be a better solution (long-term solution).
This violates the Americans with Disabilities Act.