1 The Americans with Disabilities Act and Child Care Inclusion Starts Right Here © 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center,

1

The Americans with Disabilities

Act and Child Care

Inclusion Starts Right Here

© 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under

Grant # H133A060094

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THE BASICS


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Almost

20%

of our population

has a disability.


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Most of us have a family member or a friend with a

disability.


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Americans with Disabilities Act(ADA)

• Federal Civil Rights Law • Passed in 1990 • Guarantees the civil rights of

people with disabilities


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Americans with Disabilities Act

Purpose

To prevent discrimination on the basis of disability.

To prohibit excluding, denying benefits to, or discriminating against a qualified individual with a disability.


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The ADA has 5 Sections or Titles

Employment

Public Services

Public Accommodations & Services Operated by Private Entities

Telecommunications

Miscellaneous Provisions


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Barriers to:

Employment

Transportation

Public Services

Community Access

&

Telecommunications


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All children need teachers who are dedicated to helping them learn, mature emotionally and develop

social skills.


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Children with disabilities must:

• attend school

• pursue higher education

• get training, and

• get jobs…..

just like other kids.


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Through inclusion

ALL children learn about diversity.


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Children with disabilities prepare for integration into society through inclusion in the classroom.


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Title I of the ADA

Employment


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Title I of the ADA

All child care centers employing 15 or more people are covered by Title I of the ADA.


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Title II of the ADA

State and Local Governments


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Applies to “public entities”

• Any state or local government;

• Any department, agency, special purpose district, or

• Other instrumentality of a state or local government.

Title II of the ADA


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Examples of child care centers operated by a State or Local government agency

• Head Start• Summer programs• Extended school day programs• State sponsored Pre-K program or an after

care program

Title II of the ADA


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“No qualified individual with a disability

shall, by reason of such disability,

be excluded from participation in or be

denied the benefits of the services,

programs, or activities of a public entity,

or be subjected to discrimination by

such an entity.”

Title II of the ADA


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Title III of the ADA

Places of Public Accommodation


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Applies to “public accommodations”

• Private places of business– For profit business– Not for profit businesses


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“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods,

services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any

person who owns, leases (or leases to), or operates a place of public

accommodation.”


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Covered Entities (12 Categories):

• Places of education (e.g., nursery schools, elementary, secondary, undergraduate, or postgraduate private schools)

• Social service center establishments (e.g., day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies)


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Exemptions:

• Religious institutions

• Private clubs



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General Non-Discrimination

Requirements of the ADA


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Equal Opportunity

• Children with disabilities must have an equal opportunity to participate in programs, activities, goods, and services offered by the child care center.

General Non-Discrimination Requirements


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Integration

• Provide access to children and parents with disabilities in the most integrated setting appropriate to their needs



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Eligibility Criteria

• A childcare center may not use eligibility requirements that exclude or segregate children with disabilities, unless the requirements are necessary for the operation of the public accommodation.


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Reasonable Modifications

• Reasonably modifies policies, practices, and procedures to allow children with disabilities to participate fully in the services, programs and activities provided by the center.



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Effective Communication

• Child care centers must provide effective communication to the customers they serve, including parents and guardians with disabilities, unless doing so poses an undue burden.



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Surcharges

• Childcare centers may not impose extra fees for providing access to goods and services required by the ADA.


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Personal Services and Devices

• Typically, childcare centers are not required to provide children with disabilities with personal or individually prescribed devices, such as wheelchairs, prescription eyeglasses, or hearing aids, or to provide services of a personal nature.

• Exceptions


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Facility Access

• Parking Lot

• Building

• Playground



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Exceptions


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Exceptions

Fundamental Alteration

• A modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered.


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Exceptions

Undue Burden

• Significant difficulty or expense. • Determined based on the nature and

cost of the accommodation weighed against the resources available to the childcare center.

• Case by Case© 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project

of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094

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Exceptions

Direct Threat

• Substantial risk of serious harm to the health and safety of others

• Case-by-case basis

• Must not be based on generalizations, assumptions or even on the child’s past behavior


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Enforcement


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U.S. Department of Justice ADA Settlement and Consent Agreements

www.ada.gov/settlemt.htm

Examples:• KinderCare

www.ada.gov/kinder1.htm

• La Petite Academywww.ada.gov/lapetite.htm

Enforcement


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Enforcement

• File a Complaint

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Civil Rights Division

Disability Rights Section - NYAV

Washington, D.C. 20530


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Enforcement

• File a Complaint (Continued)

– Title II (State & Local Government) Complaint Formwww.ada.gov/t2cmpfrm.htm

– Title III (Public Accommodations)Complaint Formwww.ada.gov/t3compfm.htm


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Enforcement

• Lawsuits– Title II (Federal District Court)

– Title III (Civil Action)• Injunctive relief only• No compensatory, punitive money damages or

civil penalties


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Inclusion Strategies


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Circle Time

with a

child who is blind



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Water Day with a child who has

Cerebral Palsy



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A School Play with a child who

has Down’s Syndrome



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Learning Activities

with a child

who is autistic


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Things to Remember


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Things to Remember

• Creating opportunities for all children to learn is a fundamental part of the learning experience.


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• Never assume that a child is too disabled to participate in a childcare program.

• Work together to find solutions.

Things to Remember


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Inclusion of persons with disabilities

in all aspects of community life

makes good business sense and

enriches the community’s diversity.

Things to Remember


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Still Have Questions?

Contact the DBTAC: Southeast ADA Center

By telephone800-949-4232 (v/tty) 711 (relay)

By fax404-541-9001

By [email protected]

By internetwww.sedbtac.org


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Funded by the Southeast Disability and Business Technical Assistance

Center (DBTAC)

Written by Martina Schmid

Florida Association of Centers for Independent

Living

PowerPoint Presentation

created by Kayla Gilmor

PBHS High School - High Tech Program


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Documents

1 The Americans with Disabilities Act and Child Care Inclusion Starts Right Here © 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center,