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The Americans with Disabilities Act and Child Care. Inclusion Starts Right Here. THE BASICS. Almost 20% of our population has a disability. Most of us have a family member or a friend with a disability. Americans with Disabilities Act (ADA). Federal Civil Rights Law Passed in 1990

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the americans with disabilities act and child care

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

slide2
THE BASICS

© 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

slide3
Almost

20%

of our population has a disability.

© 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
Most of us have a family member or a friend with a disability.

© 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
Americans with Disabilities Act(ADA)
  • Federal Civil Rights Law
  • Passed in 1990
  • Guarantees the civil rights of people with disabilities

© 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
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.

© 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
The ADA has 5 Sections or Titles

Employment

Public Services

Public Accommodations & Services Operated by Private Entities

Telecommunications

Miscellaneous Provisions

© 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

slide8
Barriers to:

Employment

Transportation

Public Services

Community Access

&

Telecommunications

© 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

slide9
All children need teachers who are dedicated to helping them learn, mature emotionally and develop social skills.

© 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
Children with disabilities must:
  • attend school
  • pursue higher education
  • get training, and
  • get jobs…..

just like other kids.

© 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

slide11
Through inclusion

ALL children learn about diversity.

© 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

slide12
Children with disabilities prepare for integration into society through inclusion in the classroom.

© 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

Title I of the ADAEmployment

© 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
Title I of the ADA

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

© 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

Title II of the ADAState and Local Governments

© 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
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.

© 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 ada17
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

© 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 ada18
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.”

© 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

Title III of the ADAPlaces of Public Accommodation

© 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
Title III of the ADA

Applies to “public accommodations”

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

© 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 ada21
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.”

© 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 ada22
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)

© 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 ada23
Title III of the ADA

Exemptions:

  • 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

General Non-Discrimination Requirements of the ADA

© 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
General Non-Discrimination Requirements

Equal Opportunity

  • 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 requirements26
General Non-Discrimination Requirements

Integration

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

© 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 requirements27
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.

© 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 requirements28
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.

© 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 requirements29
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.

© 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 requirements30
General Non-Discrimination Requirements

Surcharges

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

© 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 requirements31
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

© 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 requirements32
General Non-Discrimination Requirements

Facility Access

  • Parking Lot
  • Building
  • Playground

© 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

Exceptions

© 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

exceptions34
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.

© 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

exceptions35
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

exceptions36
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

© 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

Enforcement

© 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

enforcement38
Enforcement

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

www.ada.gov/settlemt.htm

Examples:

  • KinderCarewww.ada.gov/kinder1.htm
  • La Petite Academywww.ada.gov/lapetite.htm

© 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

enforcement39
Enforcement
  • File a Complaint

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Civil Rights Division

Disability Rights Section - NYAV

Washington, D.C. 20530

© 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

enforcement40
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

© 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

enforcement41
Enforcement
  • Lawsuits
    • Title II (Federal District Court)
    • Title III (Civil Action)
      • Injunctive relief only
      • No compensatory, punitive money damages or civil penalties

© 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

Inclusion Strategies

© 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 strategies43
Inclusion Strategies

Circle Time

with a

child who is blind

© 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 strategies44
Inclusion Strategies

Water Day

with a child who has

Cerebral Palsy

© 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 strategies45
Inclusion Strategies

A School Play

with a child who has

Down’s Syndrome

© 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 strategies46
Inclusion Strategies

Learning Activities

with a child

who is autistic

© 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

Things to Remember

© 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 remember48
Things to Remember
  • Creating opportunities for all children to learn is a fundamental part of the learning experience.

© 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 remember49
Things to Remember
  • Never assume that a child is too disabled to participate in a childcare program.
  • Work together to find solutions.

© 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 remember50
Things to Remember

Inclusion of persons with disabilities

in all aspects of community life

makes good business sense and

enriches the community’s diversity.

© 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
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

© 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

Funded by the Southeast Disability and Business Technical Assistance Center (DBTAC)

© 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