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  • nannyde
    All powerful, all knowing daycare whisperer
    • Mar 2010
    • 7320

    #16
    Originally posted by SunshineMama
    I don't think it is discrimination, HOWEVER if a court were ever involved, she could surely be sued for discrimination, and the family would probably win.
    Nah

    I'm not aware of any home child care that's been sued by the DOJ over a special needs kid and I've looked long and hard. Not saying it doesn't exist but I sure can't find it.

    If it's too much for her it would be worth it. In the end, she wouldn't have the kid.

    That's the way I see it. I would rather go head to head with the DOJ or my State than have a kid in my home who was taking more care than I could give within the fees I was charging my group.

    BTDT and it won't happen again.

    Remember too that a provider being sued for a discrimination case will have to fund that suit. It will be a business expense. Once the provider has to divert her resources to attorneys she's definitely not going to be able to fund a special needs kids additional care in her business. It is a business expense and that's what it all comes down to. Is the expense of this child in time and money more than the provider can accomodate without significantly altering her program. A lawsuit will significantly alter her funds for her program.
    Last edited by nannyde; 02-23-2012, 10:55 AM.
    http://www.amazon.com/Daycare-Whispe...=doing+daycare

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    • countrymom
      Daycare.com Member
      • Aug 2010
      • 4874

      #17
      I agree with nanny, I think the provider found that she is spending more and more time with him and she needs to be compinsated, happens in real jobs too. She's not discriminating because she is still caring for the child, she didn't deny him so its not a discrimination issue.

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      • emmajo
        Daycare.com Member
        • Sep 2011
        • 50

        #18
        I raised the rate for only one family because their child (not special needs) was more work and stress for me - in terms of discipline, the constant talking and needing of attention, etc. Does it follow that his parents could sue me for discrimination or is that reserved for special needs families? I certainly wouldn't divide the cost among other families - I simply wanted to feel that I was making more money to care for him than for the other, easier children.

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        • Ariana
          Advanced Daycare.com Member
          • Jun 2011
          • 8969

          #19
          She's not refusing care she's asking for more $$ based on more work. To me this is not a basis for discriminaton. His special need actually requires extra work so the increase in payment is justified. If he was special needs but no extra work was involved and she still increased her rate, THAT would be discrimination.

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          • itlw8
            Daycare.com Member
            • Jan 2012
            • 2199

            #20
            In a class I took Tom Copeland ws the presenter we covered this. How about asking his opinion?
            It:: will wait

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