child care & the americans with disabilities act amendments act (adaaa)

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

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Legal BackgroundChild Care and the ADAAA

Training Agenda

Legal Background

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ADA Amendments Act of 2008 (ADAAA)

Requires that the definition of disability be interpreted broadly

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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

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Any physiological condition that affects a bodily system, or any mental or psychological disorder

ADAAA Disability Definition Part 1:Impairment

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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

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ADAAA Disability Definition Part 3:Major Life ActivityADA

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

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Additional Major Life Activities (Bodily Functions)

Brain Circulatory Endocrine Reproductive Neurological

Immune system Normal cell growth Digestive Bowel Bladder Respiratory

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Test Your Knowledge

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

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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

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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

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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

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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

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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

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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?

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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

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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

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Department of JusticeADA Information Line: 1-800-514-0301

www.ada.gov

ADA National Network of Technical Assistance Centers

1-800-949-4232www.adata.org

ADAAA Information

Resources

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ADA Amendments Act of 2008 Commonly Asked Questions About Child Care

Centers and the Americans with Disabilities Act (DOJ)

Americans with Disabilities Act Questions and Answers (EEOC)

References