How Does the ADA Apply to a Child Care Provider?
The Americans with Disabilities Act is a law designed to protect the rights of individuals with disabilities against discrimination. The law requires that child care providers not discriminate on the basis of disability, thus providing children and families with disabilities an equal opportunity to participate in the child care center’s programs and services. There are many different aspects to the ADA that child care providers must comply with.
Children with disabilities may not be excluded from child care settings merely for having a disability. Facilities may exclude children with disabilities if their presence is a direct threat to the health or safety of others or requires a fundamental alteration of the program. Programs have to make reasonable modifications to their policies and practices to integrate children, parents and guardians with disabilities into their programs unless doing so would be a fundamental alteration to the program. Child care providers must also provide appropriate auxiliary aids and services needed for effective communication for children and adults with disabilities when doing so is not an undue burden. Centers and child care spaces must also be generally accessible to disabled persons. Existing facilities are subject to readily achievable standard for removal of barriers that would hinder access to the disabled. New construction and altered portions of older facilities must be fully accessible. Terms such as direct threat, fundamental alteration, undue burden, readily achievable are all terms that can be viewed differently by different parties. It is best to seek counsel before excluding anyone for any reason from your program. Another article this newsletter discusses further is how to make your facility accessible and compliant with the ADA.
How can providers decide if a child with disabilities can be enrolled in the program? Facilities cannot just assume that a child’s disabilities are too severe for the child to successfully be part of the program and services provided. An individualized assessment must be made about whether the provider can meet the needs of the child without fundamentally altering the program. During this assessment the child care provider must not react to preconceived notions or stereotypes of the individual’s abilities or how much care would be required. Providers should speak to guardians, and other professional that work with the child to determine the fit within the program. It is often very simple to integrate children with disabilities into a mainstream program. The benefit of doing so will be good not only for the child, but for everyone in your program. In another article in this newsletter, we will see the benefits of promoting and providing inclusive child care.
Complying with the ADA is a matter of law. All facilities and providers must be in compliance, failure to comply may cost your facility’s license to be revoked or not renewed, you may find your program being sued by individuals or even by the US Government. Compliance is easier than most think and being an inclusive provider is of benefit to your entire program.
For the main article Americans with Disabilities Act, CLICK HERE
For the article Making the Child Care Facility Accessible and Compliant with the ADA, CLICK HERE
For the article Promoting and Providing Inclusive Child Care, CLICK HERE
For the article Approaching and Working with Families Whose Children Have Disabilities, CLICK HERE