The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) is a federal law protecting the rights of individuals with disabilities.
As services that are open to the public, most child care providers must comply with the ADA. This includes centers, family child care, preschool and out-of-school time programs.
Here are a few key points about the ADA and child care:
- Child care providers must make reasonable accommodations. “Reasonable” means that an accommodation would not place an undue burden on the program and would not require a fundamental alteration of the program.
- Children are not to be denied access or excluded from a child care setting. If a child’s presence would pose a direct threat to the health and safety of the child or the other children, this must be objectively evaluated and documented on an individual basis.
- Providers cannot charge a higher fee or add charges solely for children with disabilities or other special needs. Any fees or additional charges must apply equally to children with and without disabilities.
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If you think that your child’s rights or your rights have been violated, you can contact Disability Rights Oregon (DRO). DRO is Oregon’s designated Protection and Advocacy agency. The agency works to uphold the legal rights of people with disabilities or their advocates.
Inclusive Partners can consult with your child care provider to identify reasonable accommodations and strategies for supporting your child while in care.
© Inclusive Partners, 2018