Child Care & the Americans with Disabilities Act Amendments Act (ADAAA) 1

 Legal Background  Child Care and the ADAAA 2 Training Agenda

Legal Background 3

ADA Amendments Act of 2008 (ADAAA) 4  Requires that the definition of disability be interpreted broadly

Does the child:  have a physical or mental impairment*  which substantially limits  one or more major life activities? *or has a record of having an impairment or is regarded as having an impairment Person with a Disability: ADAAA Definition 5

 Any physiological condition that affects a bodily system, or any mental or psychological disorder ADAAA Disability Definition Part 1: Impairment 6

 More than material limitation but less than severe limitation (Look to condition, manner, duration)  Mitigating measures may not be considered (hearing aids, medication, etc.)  Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.) ADAAA Disability Definition Part 2: Substantial Limitation 7

ADAAA Disability Definition Part 3: Major Life Activity ADA  Caring for oneself  Performing manual tasks  Walking  Seeing  Hearing  Speaking  Breathing  Learning  Working Added by ADAAA  Eating  Sleeping  Standing  Lifting  Bending  Reading  Concentrating  Thinking  Communicating 8

Additional Major Life Activities (Bodily Functions)  Brain  Circulatory  Endocrine  Reproductive  Neurological  Immune system  Normal cell growth  Digestive  Bowel  Bladder  Respiratory 9

Test Your Knowledge 10 1.What are the three parts of the definition of disability under the Americans with Disabilities Act Amendments Act (ADAAA)?

 Privately run centers (including home-based centers)  All child care services provided by government agencies (like Head Start, summer school or extended day programs)  Private centers operating on the premises of a religious organization  Programs run by religious organizations are not covered unless required through contract with state or county Child Care Programs Covered by the ADAAA 11

Child Care Centers:  May not discriminate against children or persons with disabilities  Must provide equal opportunity to participate  Cannot exclude children with disabilities unless their presence would pose a direct threat or require a fundamental alteration of their program ADAAA & Child Care Overview 12

Facilities must:  Make reasonable modifications to their policies and practices  Provide auxiliary aids and services needed for effective communication with children or adults with disabilities  Make no additional charges to the parents as a result of serving their child with a disability ADAAA Child Care Requirements 13

Facilities must:  Remove readily achievable barriers (even if program does not currently serve any children or adults with disabilities)  Ensure newly built and altered facilities are fully accessible Facilities may:  Access resources such as tax credits or deductions Child Care Facility Accessibility 14

 Providers must make individualized assessments about whether they can meet the particular needs of each child and not make decisions based on generalization or stereotype  Providers should talk with the parents or guardians and other professionals who work with the child Decision-Making Process: Accepting a Child with a Disability 15

 Does the child have any diseases that are communicable through the types of contact that typically occur in the child care setting?  Does the child have a specific condition that poses a direct threat?  Providers may not inquire about conditions such as AIDS or HIV infection that have not been demonstrated to pose a direct threat. What questions can be asked? 16

 Higher insurance rates  Need for individualized attention  Service animal  Medication  Severe allergies  Delayed speech or developmental delays  Mobility impairments  Need for toileting Unacceptable Reasons to Exclude a Child 17

 Provide all appropriate testing equipment, training, and special food for the child  Pay the child care center for services beyond those required by ADAAA, such as hiring licensed medical personnel to conduct complicated medical procedures Parent Responsibilities 18

Department of Justice ADA Information Line: ADA National Network of Technical Assistance Centers ADAAA Information 19

Resources 20

 ADA Amendments Act of 2008 ADA Amendments Act of 2008  Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (DOJ) Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act  Americans with Disabilities Act Questions and Answers (EEOC) Americans with Disabilities Act Questions and Answers References 21