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

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 101
A brief overview of the ADA
provisions 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 Compliance
Strategies
Practical 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
– Widening an entrance door
– Installing visual alarms
– Designating an accessible parking space
– Adding grab bars to bathroom stalls
– Evaluate the accessibility of vehicles

19. 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.

20. 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.

21. 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.

22. ADA Tax Incentives
The federal tax credits and deductions available
include:
– Disabled Access Credit
– Barrier Removal Deduction
– Work Opportunity Tax Credit

23. Benefits of Inclusion
Inclusion is the process of
involving and valuing all
individuals in our community.

24. 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

25. 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

26. 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

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

28. 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.

29. Contact Information
Jana Burke
DBTAC Rocky Mountain ADA Center
3630 Sinton Road, Suite 103
Colorado 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