Question: We received a call from a mother whose son with a disability attends his school's afterschool program until recently when he was hospitalized for three weeks for disability-related reasons.  He is ready to return to school and his afterschool program. The program is first-come-first-serve and has a waitlist. Though the mother had already paid for her son to attend the afterschool program, the school gave his slot to another student.

Questions we asked:

TA: What is the school's policy around illnesses such as chickenpox or meningitis that could cause longer absences? 

Mother: I have another child. He would go back to the afterschool program after he recovered.  

TA: Has there been a disability-related change that would require your soon to need more support? 

Mother: No, if anything he has improved because of the hospitalization. In school, he does have a 1-to-1, but hasn’t needed it to attend the afterschool program. They haven't brought up a need for additional support. 

Conclusion based on the information: Since the parent had already paid for the program, the school shouldn't have given your son's afterschool slot away. If he does need more support, the school would need to consider reasonable modifications that would allow you son to participate. https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm#a...

The New England ADA Center provides Information, guidance and training on the Americans with Disabilities Act.The Center does not enforce the ADA; but provides informal guidance. The New England ADA Center is part of the National Network of regional ADA Centers.