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

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