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 ADA Employment © 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 ADA State 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 Applies to “public entities” Any state or local government; Any department, agency, special purpose district, or Other instrumentality of a state or local government. Title II 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

17 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 Title II 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

18 “ 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.” Title II 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

19 Title III of the ADA Places 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 Exemptions: Religious institutions Private clubs Title III 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

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 Equal Opportunity Children with disabilities must have an equal opportunity to participate in programs, activities, goods, and services offered by the child care center. General Non-Discrimination Requirements © 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 Integration Provide access to children and parents with disabilities in the most integrated setting appropriate to their needs General Non-Discrimination Requirements © 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 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. General Non-Discrimination Requirements © 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 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. General Non-Discrimination Requirements © 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 Facility Access Parking Lot Building Playground General Non-Discrimination Requirements © 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 U.S. Department of Justice ADA Settlement and Consent Agreements Examples: KinderCare La Petite Academy 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

39 Enforcement File a Complaint U.S. Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights Section - NYAV Washington, D.C © 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 Form –Title III (Public Accommodations) Complaint Form © 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 Circle Time with a child who is blind 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

44 Water Day with a child who has Cerebral Palsy 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

45 A School Play with a child who has Down’s Syndrome 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

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 Never assume that a child is too disabled to participate in a childcare program. Work together to find solutions. 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

50 Inclusion of persons with disabilities in all aspects of community life makes good business sense and enriches the community’s diversity. 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

51 Still Have Questions? Contact the DBTAC: Southeast ADA Center By telephone (v/tty) 711 (relay) By fax By By internet © 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

52 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 © 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