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

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

2. Training Agenda Legal Background Child Care and the ADAAA

3. Legal Background

4. ADA Amendments Act of 2008 (ADAAA) Requires that the definition of disability be interpreted broadly

5. Person with a Disability: ADAAA Definition 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

6. ADAAA Disability Definition Part 1:Impairment Any physiological condition that affects a bodily system, or any mental or psychological disorder

7. ADAAA Disability Definition Part 2:Substantial Limitation 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.)

8. ADAAA Disability Definition Part 3:Major Life Activity Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating ADA • Caring for oneself • Performing manual tasks • Walking • Seeing • Hearing • Speaking • Breathing • Learning • Working

9. Additional Major Life Activities (Bodily Functions) Brain Circulatory Endocrine Reproductive Neurological Immune system Normal cell growth Digestive Bowel Bladder Respiratory

10. Test Your Knowledge What are the three parts of the definition of disability under the Americans with Disabilities Act Amendments Act (ADAAA)?

11. Child Care Programs Covered by the ADAAA 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

12. ADAAA & Child Care Overview 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 threator require a fundamental alteration of their program

13. ADAAA Child Care Requirements 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

14. Child Care Facility Accessibility 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

15. Decision-Making Process:Accepting a Child with a Disability • 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

16. What questions can be asked? 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 maynotinquire about conditions such as AIDS or HIV infection that have not been demonstrated to pose a direct threat.

17. Unacceptable Reasons to Exclude a Child Higher insurance rates Need for individualized attention Service animal Medication Severe allergies Delayed speech or developmental delays Mobility impairments Need for toileting

18. Parent Responsibilities • 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

19. ADAAA Information Department of Justice ADA Information Line: 1-800-514-0301 www.ada.gov ADA National Network of Technical Assistance Centers 1-800-949-4232 www.adata.org

20. Resources

21. References 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)