Potty training

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As I understand, preschools are not allowed to refuse to admit a child because he/she is not potty trained. However, are they allowed to treat a child differently, eg leaving them in the room with younger children, when otherwise, due to their age, they would have moved to the older room? This is hopefully merely hypothetical, although would like to know where I stand if DS isn't out of nappies by September... Thanks.

No, they are not allowed to discriminate against children because of their individual needs.
It is what is in the best interests of the child, and I can't envisage that it would be in the best interests of a child to be in a room of much younger children simply because they were still in nappies.
If they had severe SEN that meant that it was more appropriate for the child to be with the younger children , then that might be considered.

Thanks. No SEN that we're aware of, he just doesn't seem interested in potty training yet. He is one of the youngest in the group, but he will start school at the same time as the rest of them (09/2014) so I would think it would be in his interests to remain with them.