Transcript Slide 1

Child Care Provider’s Rights and
Responsibilities under the ADA
www.adainformation.org/childcare
Disclaimer
Information, materials, and/or technical
assistance are intended solely as informal
guidance, and are neither a determination of
your legal rights or responsibilities under the
ADA, nor binding on any agency with
enforcement responsibility under the ADA.
ADA Center is authorized by the National
Institute on Disability and Rehabilitation
Research (NIDRR) to provide information,
materials, and technical assistance to
individuals and entities that are covered
by the ADA.
Presentation Overview
• ADA legal requirements for child care
providers
• Identification of ADA compliance
strategies
• Benefits for inclusion of children with
disabilities
• ADA/disability resources
ADA 101
A brief overview of
the ADA provisions for child
care providers
What is the ADA?
Signed into law on July 26, 1990 by
President George H.W. Bush, the Americans
with Disabilities Act is the most
comprehensive federal civil rights statute
protecting the rights of people with
disabilities.
What is the ADA?
It affects access to employment; state and
local government programs and services;
access to places of public accommodation
such as businesses, transportation, and
non-profit service providers; and
telecommunications.
The ADA and Child Care
Title I, Title II and Title III of the ADA
affect child care operations.
Title I
Title I states that privately operated
centers that employ 15 or more employees
may not discriminate on the basis of
disability in employment practices.
Title II
Title II states that centers receiving any
state or local government funds, through
contracts or grants, must be operated in a
manner that enables the government entity
to meets its Title II obligations. Under Title
II, state and local government services may
not discriminate simply on the basis of
disability in offering individuals the
opportunity to participate in a service,
program or activity.
Title III
Title III, the section we are focusing on in
this presentation, states that privately
operated child care centers and home
daycare providers must provide equal
opportunity for children, parents and
anyone with a disability to participate in the
center’s programs and services. Your center
is required to take on certain activities to
ensure that your facility, programs and
services are accessible to people with
disabilities.
Are you covered?
Yes. All child care centers operated by nonreligious, private entities are considered as
places of public accommodation under the
ADA. Even small, home-based centers that
may not have to follow some state laws are
covered by Title III.
Title III Basic Requirements:
• No discrimination based on disability
• No exclusion from program (unless
determined a direct threat)
• Make reasonable modifications to policies
and practices to integrate
• Provide auxiliary aids and services needed
for effective communication
• Make facilities accessible
Title III Specific Requirements:
• Enrollment policies
– Cannot impose rules that tend to screen out
children with disabilities
– Cannot exclude because of association with
a person with a disability
– Individualized assessment
– Waiting lists okay
Specific Requirements continued…
• Operational issues
– Allow service animals
– Place children in age-appropriate classrooms
– Cannot refuse giving medication
– Modify diapering policies
– Equal employment opportunity for child
care providers with disabilities
What about home
daycare providers?
• Portions of a home daycare provider’s home
used for business are covered under Title III,
even if those areas are also used for
residential purposes.
• The requirements extend to accessible routes
from the sidewalk, through the doorway,
through the hallways and other portions of
the home, such as restrooms, used by the
children served. Only portions of the home
exclusively used for residential purposes are
not covered.
ADA Compliance
Strategies
Practical tips for voluntary
compliance with the ADA
Basic Steps
• Establish policies that support the
inclusion of children with disabilities
• Provide equal effective services
• Make facilities accessible
• Hire people with disabilities when
possible
• Take the needs of parents with disabilities
into account
Accessibility
The removal of barriers can often be
achieved by making simple changes to the
physical environment. Some easy changes
include:
– Ramping a curb
– Widening an entrance door
– Installing visual alarms
– Designating an accessible parking space
– Adding grab bars to bathroom stalls
– Evaluate the accessibility of vehicles
Alternative Barrier Removal
If a center cannot easily remove an obstacle,
it is required to use alternatives. Examples
of alternative barrier removal are:
– If restrooms cannot be made accessible without
much difficulty, the center can then obtain
parental approval for the staff to help the child
to and from the restroom.
– If a water fountain cannot easily be made
accessible, an alternative would be for the center
to provide a water cooler with cups in an
accessible location.
Policy and Procedure Revisions
• Use developmentally appropriate practices.
• Adopt an attitude of “how can I meet this
child’s needs?”
• Eliminate program eligibility standards.
• Involve the parents to ensure that activities
are developmentally appropriate
• Provide equally effective communication to
children or parents who have vision, hearing,
speech or cognitive disabilities.
Policy and Procedure Revision
continued…
• Provide activities with short, simple steps for
children with cognitive impairments.
• Spread added costs, if there are any, among all
of the families, just as you do other expenses.
Under certain circumstances, a federal tax
credit or deduction is available.
ADA Tax Incentives
The federal tax credits and deductions
available include:
– Disabled Access Credit
– Barrier Removal Deduction
– Work Opportunity Tax Credit
Benefits of Inclusion
Inclusion is the process of
involving and valuing all
individuals in our community.
Children’s Benefits for Inclusion
• Socialization and
interpersonal skills
• Fosters similarities
• Develops better
language and
communications skills
• Self-respect, selfpride, and acceptance
• Fosters helping skills
Families’ Benefits
• Parents able to work
• Understanding of basic childhood
characteristics
• Allow break from children and relaxation
• Allow others to provide secure, nurturing
environment
• Share common experiences/develop
kinship with other parents
Provider’s Benefits
• Develop networks of professional and
community resources
• Increased awareness of individual needs
• Enriched child care setting
• Develop compassion, kindness, respect,
and patience
• Potential tax incentives
Provider’s Benefits
• Develop networks of professional and
community resources
• Increased awareness of individual needs
• Enriched child care setting
• Develop compassion, kindness, respect,
and patience
• Potential tax incentives
Rocky Mountain ADA Center
• One of 10 regional centers funded by the
U.S. Department of Education.
• Mission: To provide information, training
and technical assistance readily available to
employers, people with disabilities, and
other entities with responsibilities under the
ADA.
• The ADA Center serves individuals and
organizations within a six state region which
includes Colorado, Montana,
North Dakota, South Dakota, Utah
and Wyoming.
Contact Information
Rocky Mountain ADA Center
3630 Sinton Road, Suite 103
Colorado Springs, CO 80907
(800) 949-4232
(719) 444-0268
(719) 444-0269 (fax)
[email protected]
www.adainformation.org/childcare