I am new to this forum so I apologize if this question has already been addressed. I did look but nothing was the exact type of situation as what I am going through.

My son is almost 3, he will turn 3 in July. He has been attending daycare at our local YMCA and I have been very happy with the care that has been provided. We did have a few issues with a young teacher but the problem was resolved. My son is in the 2-3 year old room and he was behind with his speech. His dad and I were very concerned and we had him evaluated by our local county early intervention agency. They denied services stating he was not delayed by much and it was most likely due to his chronic ear infections. However, since he was unable to communicate especially in daycare he was becoming very frustrated. His dad and I paid for speech therapy weekly for 4 months and he has made a drastic improvement. We still feel he is a little behind but his daycare teacher said he is fine.

Now other than the speech we did not know daycare was having any issues with our son until last week. I took him to daycare and his teacher said when free play is over and its time for lunch he gets very upset and screams. I explained his dad was out of town for 2 weeks helping with his mom who is dying of cancer. She really didn't make a big deal out of it, I said I would try to talk to him but he is still young and doesn't totally understand. The next day I received a call from the director telling me I needed to come and pick him up because he was not behaving, this totally took my by surprise. I rush over there and pick him up and the director pulls me into her office before I got to his room and said he has been very difficult and throwing temper tantrums when things don't go his way. She then told me he could not return to the program unless we got him a TSS or a one on one to help him with his behavioral issues. I was in complete shock and was speechless.

Now my fiancé my son's dad is in Atlanta while we are in Philadelphia, I am out of work on short term disability after just being diagnosed with Narcolepsy and needed time to deal with the awful medication I need to take at night. So this was just one more thing to add to our plate. I said if I was working right now I would lose my job over this and her reply was thats not our problem. I asked why wasn't this bought to our attention before now why wasn't there any warnings or incident reports sent home. She said she didn't know.

Now in order to get these services is a timely process, and I really don't have any other daycare options because the YMCA is the only childcare center in our area that offers a sliding scale based on what we make. My fiancé had some serious health issues in the past few years and is on SSDI, which is also the reason why he can't be home all day with our son or we wouldn't need daycare at all. It is for medical reasons it’s not that he doesn't want to in any way. He will if we have not daycare when I return to work, since we have no other options. So I can't just find another daycare center and our son is happy there despite the fact I was told that teachers were going to quit if something wasn't done about our son. I am not sure that was really professional to tell a parent the teachers dislike our son and are ready to quit, but if it was it still broke my heart. I asked the director well this is going to take some time will his spot still be available and she said said she would hold as long as she could.

I guess I need to know if this is legal? Which I am sure it is, but do I have any rights at all? Can't they at least be forced to hold his spot? We already took him to his first appointment for an intake evaluation and the specialist said he would qualify for services. She said he is too young for a diagnosis so they just give a general one and I apologize I forget what it is. He still needs an in home evaluation and one in the daycare setting. They have agreed to let him return for the day so he could be evaluated. So they are working with us and I am grateful for that. I am more just in shock that they can kick a child out without any warnings or letters at all. If I had not been on short term disability I would of lost my job which would of been devastating for our family since my fiancé is on SSDI and I carry the health care insurance. If anyone has any thoughts or suggestions I would really appreciate it. I apologize for the long post, there is probably more information that what you need or care to know, lol. thanks for reading.

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