Child Care Provider’s Rights and Responsibilities under the ADA

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. DBTAC 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 non- religious, 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, self- pride, 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

ADA/Disability Resources It’s not knowing all the answers, it’s knowing where to go with your questions!

DBTAC 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. DBTAC serves individuals and organizations within a six state region which includes Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.

Contact Information Jana Burke DBTAC Rocky Mountain ADA Center 3630 Sinton Road, Suite 103 Colorado Springs, CO (800) (719) , ext. 109 (719) (fax) or