The Americans with Disabilities Act and Child Care.ppt

1、The Americans with Disabilities Act and Child Care,Inclusion Starts Right Here, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,THE BASICS, 2008 All Rights Reserve

2、d. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Almost 20% of our population has a disability., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the B

3、urton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Most of us have a family member or a friend with a disability., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with f

4、unding from NIDRR under Grant # H133A060094,Americans with Disabilities Act (ADA),Federal Civil Rights Law Passed in 1990 Guarantees the civil rights of people with disabilities, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracu

5、se University with funding from NIDRR under Grant # H133A060094,Americans with Disabilities Act,PurposeTo prevent discrimination on the basis of disability.To prohibit excluding, denying benefits to, or discriminating against a qualified individual with a disability., 2008 All Rights Reserved. Devel

6、oped by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,The ADA has 5 Sections or Titles,Employment Public Services Public Accommodations & Services Operated by Private Entities Telecommunications Misce

7、llaneous Provisions, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Barriers to:Employment Transportation Public Services Community Access & Telecommunications, 2

8、008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,All children need teachers who are dedicated to helping them learn, mature emotionally and develop social skills., 2

9、008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Children with disabilities must:,attend school pursue higher education get training, and get jobsjust like other kid

10、s., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Through inclusion ALL children learn about diversity., 2008 All Rights Reserved. Developed by the DBTAC: Southe

11、ast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Children with disabilities prepare for integration into society through inclusion in the classroom., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center

12、, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Title I of the ADA Employment, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from N

13、IDRR under Grant # H133A060094,Title I of the ADA,All child care centers employing 15 or more people are covered by Title I of the ADA., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR unde

14、r Grant # H133A060094,Title II of the ADA State and Local Governments, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Applies to “public entities” Any state or lo

15、cal government; Any department, agency, special purpose district, or Other instrumentality of a state or local government.,Title II of the ADA, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NID

16、RR under Grant # H133A060094,Examples of child care centers operated by a State or Local government agency Head Start Summer programs Extended school day programs State sponsored Pre-K program or an after care program,Title II of the ADA, 2008 All Rights Reserved. Developed by the DBTAC: Southeast A

17、DA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,“No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activi

18、ties of a public entity, or be subjected to discrimination by such an entity.”,Title II of the ADA, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Title III of th

19、e ADA Places of Public Accommodation, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Title III of the ADA,Applies to “public accommodations” Private places of bus

20、iness For profit business Not for profit businesses, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Title III of the ADA,“No individual shall be discriminated aga

21、inst on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”, 2008 All Rights Reserved. D

22、eveloped by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Title III of the ADA,Covered Entities (12 Categories):Places of education (e.g., nursery schools, elementary, secondary, undergraduate, or pos

23、tgraduate private schools)Social service center establishments (e.g., day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies), 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University wi

24、th funding from NIDRR under Grant # H133A060094,Exemptions:Religious institutions Private clubs,Title III of the ADA, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A0600

25、94,General Non-Discrimination Requirements of the ADA, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Equal OpportunityChildren with disabilities must have an equ

26、al opportunity to participate in programs, activities, goods, and services offered by the child care center.,General Non-Discrimination Requirements, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding fr

27、om NIDRR under Grant # H133A060094,IntegrationProvide access to children and parents with disabilities in the most integrated setting appropriate to their needs,General Non-Discrimination Requirements, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Bl

28、att Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,General Non-Discrimination Requirements,Eligibility CriteriaA childcare center may not use eligibility requirements that exclude or segregate children with disabilities, unless the requirements are necessary for t

29、he operation of the public accommodation., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Reasonable ModificationsReasonably modifies policies, practices, and pro

30、cedures to allow children with disabilities to participate fully in the services, programs and activities provided by the center.,General Non-Discrimination Requirements, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse Unive

31、rsity with funding from NIDRR under Grant # H133A060094,Effective CommunicationChild care centers must provide effective communication to the customers they serve, including parents and guardians with disabilities, unless doing so poses an undue burden.,General Non-Discrimination Requirements, 2008

32、All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,General Non-Discrimination Requirements,SurchargesChildcare centers may not impose extra fees for providing access to go

33、ods and services required by the ADA., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,General Non-Discrimination Requirements,Personal Services and DevicesTypical

34、ly, childcare centers are not required to provide children with disabilities with personal or individually prescribed devices, such as wheelchairs, prescription eyeglasses, or hearing aids, or to provide services of a personal nature. Exceptions, 2008 All Rights Reserved. Developed by the DBTAC: Sou

35、theast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Facility AccessParking Lot Building Playground,General Non-Discrimination Requirements, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a projec

36、t of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Exceptions, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A06009

37、4,Exceptions,Fundamental AlterationA modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered., 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt I

38、nstitute at Syracuse University with funding from NIDRR under Grant # H133A060094,Exceptions,Undue BurdenSignificant difficulty or expense. Determined based on the nature and cost of the accommodation weighed against the resources available to the childcare center. Case by Case, 2008 All Rights Rese

39、rved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Exceptions,Direct Threat Substantial risk of serious harm to the health and safety of others Case-by-case basis Must not be based on ge

40、neralizations, assumptions or even on the childs past behavior, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Enforcement, 2008 All Rights Reserved. Developed by

41、 the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,U.S. Department of Justice ADA Settlement and Consent Agreements www.ada.gov/settlemt.htm Examples: KinderCare www.ada.gov/kinder1.htm La Petite Academy

42、www.ada.gov/lapetite.htm,Enforcement, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Enforcement,File a Complaint U.S. Department of Justice 950 Pennsylvania Aven

43、ue, NW Civil Rights Division Disability Rights Section - NYAV Washington, D.C. 20530, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Enforcement,File a Complaint

44、(Continued)Title II (State & Local Government) Complaint Form www.ada.gov/t2cmpfrm.htm Title III (Public Accommodations) Complaint Form www.ada.gov/t3compfm.htm, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University wit

45、h funding from NIDRR under Grant # H133A060094,Enforcement,Lawsuits Title II (Federal District Court)Title III (Civil Action) Injunctive relief only No compensatory, punitive money damages or civil penalties, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Bu

46、rton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Inclusion Strategies, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094

47、,Circle Time with a child who is blind,Inclusion Strategies, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Water Day with a child who has Cerebral Palsy,Inclusio

48、n Strategies, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,A School Play with a child who has Downs Syndrome,Inclusion Strategies, 2008 All Rights Reserved. Dev

49、eloped by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Inclusion Strategies,Learning Activities with a child who is autistic, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a

50、 project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,Things to Remember, 2008 All Rights Reserved. Developed by the DBTAC: Southeast ADA Center, a project of the Burton Blatt Institute at Syracuse University with funding from NIDRR under Grant # H133A060094,