A new report from Education Law Center-PA released April 14, 2026 reveals preschoolers with disabilities are suspended or expelled at 14.5 times the rate of typically developing peers. The pattern affects approximately 174,000 children annually nationwide, with children as young as 2 being pushed out of early childhood programs within hours of enrollment.

The report documents what advocates call "preschool pushout": removals that happen through both formal expulsion and informal methods like repeated early-pickup requests, shortened program days, or "administrative leave." In many cases, the behaviors prompting removal are directly tied to diagnoses like autism or developmental delays.

How Informal Pushout Works

Schools don't always use the word "suspension." They ask parents to pick up their child early. They suggest shortened days "until the child is ready." They place children on administrative leave indefinitely. Federal guidance notes that repeatedly sending a child out of school on administrative leave or regularly requiring a child to leave early may indicate the child's IEP doesn't appropriately address their behavioral needs.

Any day a student is removed from class or sent home in an informal way generally counts as a suspension. If informal removals add up to more than 10 days in a school year, the school has made a "disciplinary change in placement" requiring due process.

The Pennsylvania report includes testimony from families whose children were removed within hours of starting preschool, often for behaviors the school characterized as "unsafe" or "unmanageable" without attempting behavioral supports or IEP modifications.

What Changed With Federal Enforcement

This comes as federal civil rights enforcement for special education weakens. The Education Department struck a deal in June 2026 to offload special education oversight to the Department of Health and Human Services and the Department of Justice. The restructuring scatters accountability across agencies with no clear enforcement authority.

All states accept IDEA funding and must make free appropriate public education (FAPE) available to all eligible children with disabilities throughout their preschool, elementary, and secondary schooling. Section 619 of IDEA Part B authorizes grants specifically for preschool programs serving children ages three to five. But with enforcement diffused, families are more vulnerable to schools that characterize disability-related behaviors as grounds for removal.

IDEA Protections Apply to Preschoolers

Children ages 3 through 21 receive special education and related services under IDEA Part B. That means preschool-age children with disabilities have the same procedural protections as older students. Schools can't suspend or expel a child for behaviors related to their disability without following strict due process requirements.

If your preschool-age child is being removed from school, even informally, you have legal options:

• Document every removal. Note the date, time, reason given, who contacted you, and how long your child was excluded. If the school asks you to pick up your child early, document it as an informal suspension.

Why This Matters for Early Development

Children with disabilities often need early childhood education more than their peers. Early intervention before age 3 improves academic outcomes, and preschool programs extend those gains. When schools push out children for behaviors tied to their diagnoses, they're cutting off access to the developmental supports those children need most.

The Pennsylvania report notes an added layer of concern for Black families with children with disabilities: behaviors or needs associated with autism may be misunderstood or responded to differently based on race. Black children represent less than one-fifth of enrolled preschoolers nationwide but account for nearly half of all preschool suspensions.

What to Say When the School Calls

When a school asks you to pick up your child early or suggests your child "isn't ready" for preschool, here's what to say:

"My child has an IEP. If there's a behavioral concern, I'm requesting an IEP meeting to address it. Sending my child home without following IDEA procedures is a suspension, and I'm documenting it as such."

Don't accept the characterization that your child can't be served. The school's obligation under IDEA is to provide appropriate supports, not to remove the child when supports aren't in place.

Where to Get Help

If your preschool-age child is being pushed out, contact your state's Parent Training and Information Center (PTI). These federally funded centers provide free advocacy support to families navigating special education disputes. You can also file a complaint with your state's special education office or request mediation.

What Happens When Early Intervention Ends at Age 3 explains the transition from early intervention to preschool special education and the rights that come with it.

The full Pennsylvania report, "Ending Preschool Pushout in Pennsylvania: Parent Testimonies and a Path Forward," is available on the Education Law Center-PA website.