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Child Care Provider’s Rights and Responsibilities under the Americans with Disabilities Act

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This presentation reviews how the Americans with Disabilities Act (ADA) affects child care providers and includes a look at: …

This presentation reviews how the Americans with Disabilities Act (ADA) affects child care providers and includes a look at:
• ADA legal requirements for child care providers
• Identification of ADA compliance strategies
• Benefits for inclusion of children with disabilities
• ADA/disability resources

More in: Education , Career
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  • 1. Child Care Provider’s Rights and Responsibilities under the ADA
  • 2. 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.
  • 3. Presentation Overview
    ADA legal requirements for child care providers
    Identification of ADA compliance strategies
    Benefits for inclusion of children with disabilities
    ADA/disability resources
  • 4. ADA 101A brief overview of the ADAprovisions for child care providers
  • 5. 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.
  • 6. 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.
  • 7. The ADA and Child Care
    Title I, Title II and Title III of the ADA affect child care operations.
  • 8. 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.
  • 9. 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.
  • 10. 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.
  • 11. 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.
  • 12. 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
  • 13. 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
  • 14. 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
  • 15. 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.
  • 16. ADA ComplianceStrategiesPractical tips for voluntary compliance with the ADA
  • 17. 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
  • 18. Accessibility
    The removal of barriers can often be achieved by making simple changes to the physical environment. Some easy changes include:
    • Ramping a curb
    • 19. Widening an entrance door
    • 20. Installing visual alarms
    • 21. Designating an accessible parking space
    • 22. Adding grab bars to bathroom stalls
    • 23. 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.
  • 24. 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.
    • 25. 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
  • 26. Benefits of InclusionInclusion is the process of involving and valuing all individuals in our community.
  • 27. Children’s Benefits for Inclusion
    • Socialization and interpersonal skills
    • 28. Fosters similarities
    • 29. Develops better language and communications skills
    • 30. Self-respect, self-pride, and acceptance
    • 31. 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
  • 32. 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
  • 33. ADA/Disability ResourcesIt’s not knowing all the answers, it’s knowing where to go with your questions!
  • 34. 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.
  • 35. Contact Information
    Jana BurkeDBTAC Rocky Mountain ADA Center
    3630 Sinton Road, Suite 103Colorado Springs, CO 80907(800) 949-4232
    (719) 444-0268, ext. 109
    (719) 444-0269 (fax)
    jburke@mtc-inc.com or adainfo@adainformation.org
    www.adainformation.org/childcare