In November 2013 the Washington state Department of Early Learning (DEL) received a complaint that University Child Development School (UCDS) in Seattle was refusing to make reasonable accommodations for a 5 year old student with type 1 diabetes as is required of the school by law. The DEL conducted an investigation and found the complaint against UCDS to be valid. UCDS appealed the DEL ruling twice. This is the letter sent by the DEL to inform UCDS that it was upholding its original decision after the school's first appeal.

1. Paula Smith
STATE OF WASHINGTON
DEPARTMENT OF EARLY LEARNING
805 1561
h Ave NE
Bellevue, WA 98007
Must be Certified Mail or Hand Delivered
24 February 2014
University Child Development School, North Campus
5062 Ninth Ave
Seattle, WA 98105
Provider ID#: 192295
Dear Ms. Smith:
The Department of Early Leaming received your request on 27 January 2014; DEL reviewed your
Supervisor review request of:
D Compliance agreement dated regarding
[8J Valid complaint finding(s) from complaint# 439998 received on 15 November 2013.
D No referral status due to mistaken identity received on
During the review process the following materials were provided and taken under consideration:
[8J Written statement from you explaining specific reasons/conditions for the review.
[8J Relevant materials from your licensing file.
[8l Other: You supplied a one page letter from an attorney that stated the school is now
providing reasonable accomodation for the child by reimbursing the parents for part ofthe cost of
a private caregiver.
This review has been concluded and a decision has been made:
[8J The licensor's decision has been upheld because:
WAC 170-295-3050 is clear. It states "Ifa child has a condition where the Americans
with Disabilities Act (ADA) would apply you must make reasonable accommodation and give the
medication.". There are no qualifier or exceptions or ambiguity about that statement, and the
illness the child has is a condition covered by the ADA.
According to the documentation supplied by the parents, the child in question had been accepted
into care and his medical condition was disclosed to the admissions staff before admitance to the
school, meaning the school agreed to accept the child with prior knowledge ofhis medical
condition. The parents decision to proceed with enrollment was based on the information they
were provided during the admissions phase of the process, which made no mention ofany
additional conditions or requirements before admitting the child into care. Subsequent to
enrollment, the parents learned of additional requirements that were based on the medical
condition they had previously disclosed.
10.9.1.3 Supervisory Review Decision Letter
Rev. 2/13

2. D The licensor's decision has been overturned because:
D Other:
IZJ Ifyou are not satisfied with this review, you may request the next level ofreview by
contacting:
Heather West
805 156th Ave NE
Bellevue, WA 98007
425-590-3102
D This is DEL's final review.
Your request must be received no later than 10 days after the receipt ofthis letter.
Ifyou have any questions, please feel free to call me at:425-590-3105
alkvam, M.Ed.
upe isor, Bellevue Field office
Department of Early Learning
cc: Noy Sivongxay, Child Care Licensor
Ann Radcliff, DEL Licensing Analyst
Heather West, DEL Regional Administrator
10.9.1.3 Supervisory Review Decision Letter
Rev. 2/13

3. SENDER. COMPLETE THIS SE CTIO N
• Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
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D Agent
0 Addressee
C. Date of Delivery
3. Service fype r/::
"8i'Certified Mall 0
0 Registered Recelphor Merchandise
0 Insured Mall 0 C.O.D.
4. Restrtoted DeliveIY'l {EICtra Fee) 0 Yea
2. Article Number f
(Transfer from service label)
7012 2210 0002 l314 9902
PS Form 3811 , February 2004 Domntlc Retum 10'2595-02-M-1540 I