If this is the case, the child may fall under the protection of Section 504 of the Rehabilitation Act. That’s a Civil Rights law which protects folks with disabilities from discrimination. Under Section 504, the disabled child cannot be barred from a general education classroom, and the school is legally bound to accomodate the child’s disability.

It is also possible the child qualifies for Special Education under the Individuals with Disabilities Education Improvement Act (IDEA), and that brings even more rights for the students and their parents. One of them is the right of Least Restrictive Environment, which means that children should be educated with their non-disabled peers to the extent that is possible, given their disability.

If you are the legal parent or guardian, you can ask the school (in the US) to evaluate your child for Section 504 or IDEA eligibility. The school needs to gather data and meet with you within 20 days. As a team, you and school district staff need to reach a consensus about whether to evaluate. The decision yes or no should be based on the evidence about the needs of the child and should include your input as well as that of the teachers and school staff.

If you have a medical report which includes a diagnosis of a disability, you’ll want to provide that to the school (let them make a copy) when you ask for an evaluation. They may ask you to sign a release so that they can get any other information they might need from your medical provider (sometimes they need very specific information). Medical examinations are generally the responsibility of the family, but the school system can normally provide tests such as IQ tests or an adaptive assessment to help determine if the child has a developmental delay.

If you, as a team, decide to evaluate, you will meet again when the assessment reports are ready, maybe six weeks later. Again, as a team, you will decide whether the student meets the criteria for IDEA or Section 504 protection. If the child does, a Modification Plan or Individualized Education Program will be drawn up to outline the accomodations and related services the school is legally obliged to provide.

If a teacher or school staff member knowingly refuses to follow a Modification Plan for a student with Section 504 protection, they might be sued–personally. It’s been done before, but it is more common for the school district to be sued for not living up to its legal obligations.

So the short answer to your question is yes. Actually much older students who are unable to control elimination due to a disability have the legal right to attend a public school as well.

sounds like my sister’s child ….