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The Americans with Disabilities Act and Child Care

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

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  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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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

  32. 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

  33. 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

  34. 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

  35. 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

  36. 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

  37. 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

  38. 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

  39. 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

  40. 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

  41. 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

  42. 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

  43. 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

  44. 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

  45. 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

  46. 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

  47. 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

  48. 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

  49. 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

  50. 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

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