The Americans with
Disabilities Act
and Child Care
Inclusion Starts Right Here
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© 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
THE BASICS
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© 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
Almost
20%
of our
population
has a
disability.
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© 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
Most of us have a family
member or a friend with a
disability.
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© 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
Americans with Disabilities Act
(ADA)
• Federal Civil Rights Law
• Passed in 1990
• Guarantees the civil rights of
people with disabilities
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© 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
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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© 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
The ADA has 5 Sections or Titles
Employment
Public Services
Public Accommodations & Services
Operated by Private Entities
Telecommunications
Miscellaneous Provisions
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© 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
Barriers to:
Employment
Transportation
Public Services
Community Access
&
Telecommunications
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© 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
All children need teachers who are
dedicated to helping them learn, mature
emotionally and develop social skills.
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© 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
Children with disabilities must:
•
•
•
•
attend school
pursue higher education
get training, and
get jobs…..
just like other kids.
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© 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
Through
inclusion
ALL children
learn about
diversity.
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© 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
Children with disabilities prepare for
integration into society through
inclusion in the classroom.
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© 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
Title I of the ADA
Employment
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© 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
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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© 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
Title II of the ADA
State and Local
Governments
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© 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
Title II of the ADA
Applies to “public entities”
• Any state or local government;
• Any department, agency, special
purpose district, or
• Other instrumentality of a state or local
government.
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© 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
Title II of the ADA
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
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© 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
Title II of the ADA
“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.”
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© 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
Title III of the ADA
Places of Public
Accommodation
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© 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
Title III of the ADA
Applies to “public accommodations”
• Private places of business
– For profit business
– Not for profit businesses
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© 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
Title III of the ADA
“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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© 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
Title III of the ADA
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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© 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
Title III of the ADA
Exemptions:
•
•
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Religious institutions
Private clubs
© 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
General Non-Discrimination
Requirements of the ADA
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© 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
General Non-Discrimination
Requirements
Equal Opportunity
•
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Children with disabilities must have an
equal opportunity to participate in
programs, activities, goods, and
services offered by the child care
center.
© 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
General Non-Discrimination
Requirements
Integration
• Provide access to children and
parents with disabilities in the
most integrated setting
appropriate to their needs
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© 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
General Non-Discrimination
Requirements
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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© 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
General Non-Discrimination
Requirements
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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© 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
General Non-Discrimination
Requirements
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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© 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
General Non-Discrimination
Requirements
Surcharges
• Childcare centers may not impose extra
fees for providing access to goods and
services required by the ADA.
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© 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
General Non-Discrimination
Requirements
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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© 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
General Non-Discrimination
Requirements
Facility Access
• Parking Lot
• Building
• Playground
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© 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
Exceptions
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© 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
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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© 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
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
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© 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
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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© 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
Enforcement
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© 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
Enforcement
U.S. Department of Justice
ADA Settlement and Consent Agreements
www.ada.gov/settlemt.htm
Examples:
• KinderCare
www.ada.gov/kinder1.htm
• La Petite Academy
www.ada.gov/lapetite.htm
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© 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
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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© 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
Enforcement
• File a Complaint (Continued)
– Title II (State & Local Government)
Complaint Form
www.ada.gov/t2cmpfrm.htm
– Title III (Public Accommodations)
Complaint Form
www.ada.gov/t3compfm.htm
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© 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
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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© 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
Inclusion Strategies
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© 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
Inclusion Strategies
Circle Time
with a
child who is
blind
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© 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
Inclusion Strategies
Water Day
with a child who has
Cerebral Palsy
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© 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
Inclusion Strategies
A School Play
with a child who
has
Down’s Syndrome
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© 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
Inclusion Strategies
Learning
Activities
with a child
who is autistic
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© 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
Things to Remember
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© 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
Things to Remember
• Creating opportunities for all
children to learn is a
fundamental part of the
learning experience.
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© 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
Things to Remember
• Never assume that a child is
too disabled to participate in a
childcare program.
• Work together to find
solutions.
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© 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
Things to Remember
Inclusion of persons with disabilities
in all aspects of community life
makes good business sense and
enriches the community’s diversity.
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© 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
Still Have Questions?
Contact the DBTAC: Southeast ADA Center
By telephone
800-949-4232 (v/tty)
711 (relay)
By fax
404-541-9001
By e-mail
sedbtacproject@law.syr.edu
By internet
www.sedbtac.org
51
© 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
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
52
© 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