ADA Regulations and Technical Assistance Materials
ADA Regulations
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Technical Assistance Materials
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ADA Regulations
and
Technical Assistance Materials
ADA MATERIALS AVAILABLE FREE FROM THE DEPARTMENT OF JUSTICE
The U.S. Department of Justice provides free ADA materials. Printed materials may be ordered by calling the ADA Information Line (1-800-514-0301 (Voice) or 1-800-514-0383 (TDD)). Automated service is available 24-hours a day for recorded information and to order publications.Publications are available in standard print as well as large print, audiotape, Braille, and computer disk for people with disabilities.
ADA LEGAL DOCUMENTS
Current Text of the Americans with Disabilities Act of 1990 including changes made by the ADA Amendments Act of 2008 (P.L. 110-325). The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services.
ADA Regulation for Title II, as printed in the Federal Register (7/26/91). The Department of Justice’s regulation implementing title II, subtitle A, of the ADA which prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services.
Title II Technical Assistance Manual (1993) and Supplement
ADA Regulation for Title III, as printed in the Code of Federal Regulations (7/1/94). The Department of Justice’s regulation implementing title III of the ADA, which prohibits discrimination on the basis of disability in “places of public accommodation” (businesses and non-profit agencies that serve the public) and “commercial facilities” (other businesses). The regulation includes Appendix A to Part 36 – Standards for Accessible Design establishing minimum standards for ensuring accessibility when designing and constructing a new facility or altering an existing facility.
Title III Technical Assistance Manual (1993) and Supplement
Title II & III Regulation Amendment Regarding Detectable Warnings, as printed in the Federal Register (11/23/98). This amendment suspends the requirements for detectable warnings at curb ramps, hazardous vehicle areas, and reflecting pools until July 26, 2001.
GENERAL ADA PUBLICATIONS AND INFORMATION
ADA Questions and Answers. A 31-page booklet giving an overview of the ADA’s requirements for ensuring equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation, and requiring the establishment of TDD/telephone relay services. (Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line.)
ADA Information Services. A 2-page list with the telephone numbers and Internet addresses of Federal agencies and other organizations that provide information and technical assistance to the public about the ADA.
ADA Designated Investigative Agencies. A 4-page list of the nine federal agencies that are designated to investigate disability-related discrimination complaints filed against State and local government programs under title I or title II of the ADA or against Federally funded or assisted programs under Section 504 of the Rehabilitation Act.
Investigative Agencies (HTML) |
Investigative Agencies (PDF)
Enforcing the ADA: A Status Report from the Department of Justice. A brief report issued by the Justice Department each quarter providing timely information about ADA cases and settlements, building codes that meet ADA accessibility standards, and ADA technical assistance activities. (for the most current issue)
Enforcing the ADA: Looking Back on a Decade of Progress. A 41-page special edition of the Department of Justice’s quarterly status report highlighting accomplishments and activities from 1990 through 2000.
Enforcing the ADA: Looking Back on a Decade of Progress (HTML)
Enforcing the ADA: Looking Back on a Decade of Progress (PDF)
A Guide to Disability Rights Laws. A 21-page booklet that provides a brief overview of ten Federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information. (Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line.)
Disability Rights Laws (HTML)
Disability Rights Laws (PDF)
Disability Rights Laws (En Español)A Guide for People with Disabilities Seeking Employment. A 2-page pamphlet for people with disabilities providing a general explanation of the employment provisions of the ADA and how to file a complaint with the Equal Employment Opportunity Commission. (Spanish edition available from the ADA Information Line.)
ADA: Know Your Rights — Returning Service Members with Disabilities. This 28-page booklet is designed to provide military service members who have been seriously wounded in Operation Iraqi Freedom or Operation Enduring Freedom a basic understanding of their rights under the ADA and where to turn for additional information and assistance.
Returning Service Members with Disabilities (HTML)
Returning Service Members with Disabilities (PDF)ADA Mediation Program. A 6-page publication that provides an overview of the Department’s Mediation Program and examples of successfully mediated cases.
ADA Signing Ceremony video. This 22-minute streaming video documents the speech given by President George H. W. Bush when he signed the Americans with Disabilities Act (ADA) into law on July 26, 1990. In the video, President Bush speaks to a huge audience of activists, Congressional supporters, people with disabilities, and their families and friends gathered on the south lawn of the White House.
BUSINESSES AND NON-PROFIT SERVICE PROVIDERS:
TECHNICAL ASSISTANCE MANUALS AND PUBLICATIONSTitle III Technical Assistance Manual (1993) and Supplement An 83-page manual that explains in lay terms what businesses and non-profit agencies must do to ensure access to their goods, services, and facilities. Many examples are provided for practical guidance. (Spanish edition available from the ADA Information Line.)
Title III Highlights | Title III Highlights (En Español) A 12-page outline of the key requirements of the ADA for businesses and non-profit agencies. This publication provides detailed information in bullet format for quick reference. (Spanish edition available from the ADA Information Line.)
Accessible Stadiums. A 4-page publication highlighting features that must be accessible in new stadiums and providing guidance on line of sight for wheelchair seating locations.
Access To Medical Care For Individuals With Mobility Disabilities. This 19-page publication provides guidance for medical care professionals on the ADA’s requirement to provide accessible health care to individuals with mobility disabilities. This document includes an overview of general ADA requirements, commonly asked questions, and illustrated examples of accessible facilities, examination rooms, and medical equipment.
ADA Guide for Small Businesses. This 15-page illustrated guide presents an overview of some basic ADA requirements for small businesses that provide goods and services to the public. It provides guidance on how to make their services accessible and how tax credits and deductions may be used to offset specific costs. (Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line.)
ADA Guide for Small Businesses (HTML)
ADA Guide for Small Businesses (PDF)
ADA-TA: A Technical Assistance Update from the Department of Justice. A serial publication that addresses two topics in each issue: “Common Questions” answers questions about ADA requirements; “Design / Details” provides information and illustrations of particular design requirements.Volume 1: Readily Achievable Barrier Removal and Van-Accessible Parking Spaces
Barrier Removal and Van-Accessible Parking (HTML)
Barrier Removal and Van-Accessible Parking (PDF)
Common ADA Errors and Omissions in New Construction and Alterations. This 13-page document lists a sampling of common accessibility errors or omissions that have been identified through the Department of Justice’s ongoing enforcement efforts. The significance of the errors is discussed and references are provided to the requirements of the ADA Standards for Accessible Design.
ADA Business Briefs. Short publications explaining specific ADA issues that are designed to be easily printed and distributed to employees.Communicating with People Who are Deaf or Hard of Hearing in Hospital Settings
Communicating with Guests Who are Deaf or Hard of Hearing in Hotels, Motels, and Other Places of Transient LodgingTen Small Business Mistakes video. This thirteen-minute streaming video identifies common mistakes that small businesses make when trying to comply with the ADA and addresses the importance and value of doing business with 50 million people with disabilities. The video features statements by store owners expressing their doubts or misunderstandings about the ADA followed by responses from Assistant Attorney General R. Alexander Acosta and other Department of Justice employees explaining the law in common sense terms.
Commonly Asked Questions About Service Animals. A 3-page publication explaining the requirements of the ADA regarding animals that accompany and provide services for a person with a disability. (Spanish edition available from the ADA Information Line.)
How to File a Title III Complaint | How to File a Title III Complaint (En Español). This publication details the procedure for filing a complaint under title III of the ADA, which prohibits discrimination based on disability by businesses and non-profit agencies. (Spanish edition available from the ADA Information Line.)
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act A 13-page publication explaining how the requirements of the ADA apply to Child Care Centers. The document also describes some of the Department of Justice’s ongoing enforcement efforts in the child care area and it provides a resource list on sources of information on the ADA.
Questions and Answers: the ADA and Persons with HIV/AIDS. A 16-page publication explaining the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS. (Spanish edition available from the ADA Information Line.)
Questions and Answers: The ADA and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing. A 2-page document addressing questions about how the requirements of the ADA apply to the rights of persons with HIV/AIDS in occupational training and state licensing.
Tax Incentives for Business (HTML) | PDF — Information to help businesses understand and take advantage of the tax credit and deduction available for complying with the ADA.Assistance at Self-Serve Gas Stations. A 1-page document providing guidance on the ADA and refueling assistance at self-serve gas stations.
Self-Serve Gas Stations (HTML) | Self-Serve Gas Stations (PDF)
Common ADA Problems at Newly Constructed Lodging Facilities. An 11-page document lists a sampling of common accessibility problems at newly constructed lodging facilities that have been identified through the Department of Justice’s ongoing enforcement efforts.
Common ADA Problems at Newly Constructed Lodging Facilities (HTML)
Common ADA Problems at Newly Constructed Lodging Facilities (PDF)
Five Steps To Make New Lodging Facilities Comply With The ADA. A 3-page document highlighting five steps that owners, operators, and franchisors can take to make sure that new lodging facilities comply with the ADA.
Five Steps To Make New Lodging Facilities Comply (HTML)
Five Steps To Make New Lodging Facilities Comply (PDF)
Americans with Disabilities Act Checklist for New Lodging Facilities. This 34-page checklist is a self-help survey that owners, franchisors, and managers of lodging facilities can use to identify ADA mistakes at their facilities.
Americans with Disabilities Act Guide for Places of Lodging: Serving Guests Who Are Blind or Who Have Low Vision. A 12-page publication explaining what hotels, motels, and other places of transient lodging can do to accommodate guests who are blind or have low vision.
Serving Lodging Guests Who Are Blind or Who Have Low Vision (HTML)
Serving Lodging Guests Who Are Blind or Who Have Low Vision (PDF)
STATE AND LOCAL GOVERNMENTS:
TECHNICAL ASSISTANCE MANUALS AND PUBLICATIONSTitle II Technical Assistance Manual (1993) and Supplement A 56-page manual that explains in lay terms what State and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner. Many examples are provided for practical guidance. (Spanish edition available from the ADA Information Line.)
Title II Highlights | Title II Highlights (En Español). An 8-page outline of the key requirements of the ADA for State and local governments. This publication provides detailed information in bullet format for quick reference. (Spanish edition available from the ADA Information Line.)
Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers – This 8-panel pocket guide provides basic information for officers about ADA requirements for communicating effectively with people who are deaf or hard of hearing.
Model Policy for Law Enforcement on Communicating with People Who Are Deaf or Hard of Hearing – This 4-page document serves as a model for law enforcement agencies when adopting a policy on effective communication with people who are deaf or hard of hearing. Agencies are encouraged to download and adapt the policy to suit their needs.
ADA Guide for Small Towns. A 21-page guide that presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA.
ADA Guide for Small Towns (HTML)
ADA Guide for Small Towns (PDF)
Access To Medical Care For Individuals With Mobility Disabilities. This 19-page publication provides guidance for medical care professionals on the ADA’s requirement to provide accessible health care to individuals with mobility disabilities. This document includes an overview of general ADA requirements, commonly asked questions, and illustrated examples of accessible facilities, examination rooms, and medical equipment.
ADA Checklist for Polling Places. This 39-page checklist is a self-help survey that voting officials can use to determine whether a polling place has basic accessible features needed by most voters with disabilities.
ADA/Section 504 Design Guide: Accessible Cells in Correction Facilities. A 5-page publication providing guidance on preventing discrimination against inmates with mobility disabilities through the design of accessible cells in State and local correctional facilities.
The ADA and City Governments: Common Problems. A 9-page document that contains a sampling of common problems shared by city governments of all sizes, provides examples of common deficiencies and explains how these problems affect persons with disabilities.
ADA and City Government: Common Problems (HTML)
ADA and City Government: Common Problems (PDF)An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities. A 11-page illustrated publication that provides guidance on preparing for and carrying out emergency response programs in a manner that results in the services being accessible to people with disabilities.
Emergency Preparedness Guide — HTML
Emergency Preparedness Guide — PDF (print version, 3.5mb)
Emergency Preparedness Guide — PDF (screen version, 1.5mb)
Acessibility of State and Local Government Websites to People with Disabilities. A 5-page publication providing guidance on making State and local government websites accessible.
Accessible Websites (HTML)
Accessible Websites (PDF) – screen version (236k)
Accessible Websites (PDF) – print version (1444k)
Accessible Stadiums. A 4-page publication highlighting features that must be accessible in new stadiums and providing guidance on line of sight for wheelchair seating locations.
ADA-TA: A Technical Assistance Update from the Department of Justice. A serial publication that addresses two topics in each issue: “Common Questions” answers questions about ADA requirements; “Design Details” provides information and illustrations of particular design requirements.
Volume 1: Readily Achievable Barrier Removal and Van-Accessible Parking SpacesReadily Achievable Barrier Removal and Van-Accessible Parking (HTML)
Readily Achievable Barrier Removal and Van-Accessible Parking (PDF)
Commonly Asked Questions About the ADA and Law Enforcement. A 12-page publication providing information for law enforcement agencies in a simple question and answer format.
Commonly Asked Questions About the ADA and Law Enforcement (HTML)
Commonly Asked Questions About the ADA and Law Enforcement (PDF)
Questions and Answers: The ADA and Hiring Police Officers. A 5-page publication providing information on ADA requirements for interviewing and hiring police officers.
Questions and Answers: The ADA and Hiring Police Officers (HTML)
Questions and Answers: The ADA and Hiring Police Officers (PDF)
Commonly Asked Questions About Title II of the ADA. A 6-page fact sheet explaining the requirements of the ADA for State and local governments. (Spanish edition available from the ADA Information Line.)
Access for 9-1-1 and Telephone Emergency Services. A 10-page publication explaining the requirements for direct, equal access to 9-1-1 for persons who use teletypewriters (TTYs).
Access for 9-1-1 and Telephone Emergency Services (HTML)
Access for 9-1-1 and Telephone Emergency Services (PDF)
Questions and Answers: the ADA and Persons with HIV/AIDS. A 16-page publication explaining the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS. (Spanish edition available from the ADA Information Line.)
Questions and Answers: The ADA and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing. A 2-page document addressing questions about how the requirements of the ADA apply to the rights of persons with HIV/AIDS in occupational training and state licensing.
Common ADA Errors and Omissions in New Construction and Alterations. This 13-page document lists a sampling of common accessibility errors or omissions that have been identified through the Department of Justice’s ongoing enforcement efforts. The significance of the errors is discussed and references are provided to the requirements of the ADA Standards for Accessible Design.
Common ADA Errors and Omissions in New Construction and Alterations (HTML)
Common ADA Errors and Omissions in New Construction and Alterations (PDF)
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act A 13-page publication explaining how the requirements of the ADA apply to Child Care Centers. The document also describes some of the Department of Justice’s ongoing enforcement efforts in the child care area and it provides a resource list on sources of information on the ADA.
Title II Complaint Form | Title II Complaint Form (En Español). Standard form for filing a complaint under title II of the ADA or section 504 of the Rehabilitation Act of 1973, which prohibit discrimination on the basis of disability by State and local governments and by recipients of federal financial assistance. (Spanish edition available from the ADA Information Line.)
COMMONLY ASKED QUESTIONS ABOUT CHILD CARE CENTERS AND THE AMERICANS WITH DISABILITIES ACT
Coverage
1. Q: Does the Americans with Disabilities Act — or “ADA” — apply to child care centers?
A: Yes. Privately-run child care centers — like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks — must comply with title III of the ADA. Child care services provided by government agencies, such as Head Start, summer programs, and extended school day programs, must comply with title II of the ADA. Both titles apply to a child care center’s interactions with the children, parents, guardians, and potential customers that it serves.
A child care center’s employment practices are covered by other parts of the ADA and are not addressed here. For more information about the ADA and employment practices, please call the Equal Employment Opportunity Commission (see question 30).
2. Q: Which child care centers are covered by title III?
A: Almost all child care providers, regardless of size or number of employees, must comply with title III of the ADA. Even small, home-based centers that may not have to follow some State laws are covered by title III.
The exception is child care centers that are actually run by religious entities such as churches, mosques, or synagogues. Activities controlled by religious organizations are not covered by title III.
Private child care centers that are operating on the premises of a religious organization, however, are generally not exempt from title III. Where such areas are leased by a child care program not controlled or operated by the religious organization, title III applies to the child care program but not the religious organization. For example, if a private child care program is operated out of a church, pays rent to the church, and has no other connection to the church, the program has to comply with title III but the church does not.
General Information
3. Q: What are the basic requirements of title III?
A: The ADA requires that child care providers not discriminate against persons with disabilities on the basis of disability, that is, that they provide children and parents with disabilities with an equal opportunity to participate in the child care center’s programs and services. Specifically:
- Centers cannot exclude children with disabilities from their programs unless their presence would pose a direct threat to the health or safety of others or require a fundamental alteration of the program.
- Centers have to make reasonable modifications to their policies and practices to integrate children, parents, and guardians with disabilities into their programs unless doing so would constitute a fundamental alteration.
- Centers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, when doing so would not constitute an undue burden.
- Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.
4. Q: How do I decide whether a child with a disability belongs in my program?
A: Child care centers cannot just assume that a child’s disabilities are too severe for the child to be integrated successfully into the center’s child care program. The center must make an individualized assessment about whether it can meet the particular needs of the child without fundamentally altering its program. In making this assessment, the caregiver must not react to unfounded preconceptions or stereotypes about what children with disabilities can or cannot do, or how much assistance they may require. Instead, the caregiver should talk to the parents or guardians and any other professionals (such as educators or health care professionals) who work with the child in other contexts. Providers are often surprised at how simple it is to include children with disabilities in their mainstream programs.
Child care centers that are accepting new children are not required to accept children who would pose a direct threat (see question 8) or whose presence or necessary care would fundamentally alter the nature of the child care program.
5. Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still have to admit them into my program?
A: Yes. Higher insurance rates are not a valid reason for excluding children with disabilities from a child care program. The extra cost should be treated as overhead and divided equally among all paying customers.
6. Q: Our center is full and we have a waiting list. Do we have to accept children with disabilities ahead of others?
A: No. Title III does not require providers to take children with disabilities out of turn.
7. Q: Our center specializes in “group child care.” Can we reject a child just because she needs individualized attention?
A: No. Most children will need individualized attention occasionally. If a child who needs one-to-one attention due to a disability can be integrated without fundamentally altering a child care program, the child cannot be excluded solely because the child needs one-to-one care.
For instance, if a child with Down Syndrome and significant mental retardation applies for admission and needs one-to-one care to benefit from a child care program, and a personal assistant will be provided at no cost to the child care center (usually by the parents or though a government program), the child cannot be excluded from the program solely because of the need for one-to-one care. Any modifications necessary to integrate such a child must be made if they are reasonable and would not fundamentally alter the program. This is not to suggest that all children with Down Syndrome need one-to-one care or must be accompanied by a personal assistant in order to be successfully integrated into a mainstream child care program. As in other cases, an individualized assessment is required. But the ADA generally does not require centers to hire additional staff or provide constant one-to-one supervision of a particular child with a disability.
8. Q: What about children whose presence is dangerous to others? Do we have to take them, too?
A: No. Children who pose a direct threat — a substantial risk of serious harm to the health and safety of others — do not have to be admitted into a program. The determination that a child poses a direct threat may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individualized assessment that considers the particular activity and the actual abilities and disabilities of the individual.
In order to find out whether a child has a medical condition that poses a significant health threat to others, child care providers may ask all applicants whether a child has any diseases that are communicable through the types of incidental contact expected to occur in child care settings. Providers may also inquire about specific conditions, such as active infectious tuberculosis, that in fact pose a direct threat.
9. Q: One of the children in my center hits and bites other children. His parents are now saying that I can’t expel him because his bad behavior is due to a disability. What can I do?
A: The first thing the provider should do is try to work with the parents to see if there are reasonable ways of curbing the child’s bad behavior. He may need extra naps, “time out,” or changes in his diet or medication. If reasonable efforts have been made and the child continues to bite and hit children or staff, he may be expelled from the program even if he has a disability. The ADA does not require providers to take any action that would pose a direct threat — a substantial risk of serious harm — to the health or safety of others. Centers should not make assumptions, however, about how a child with a disability is likely to behave based on their past experiences with other children with disabilities. Each situation must be considered individually.
10. Q: One of the children in my center has parents who are deaf. I need to have a long discussion with them about their child’s behavior and development. Do I have to provide a sign language interpreter for the meeting?
A: It depends. Child care centers must provide effective communication to the customers they serve, including parents and guardians with disabilities, unless doing so poses an undue burden. The person with a disability should be consulted about what types of auxiliary aids and services will be necessary in a particular context, given the complexity, duration, and nature of the communication, as well as the person’s communication skills and history. Different types of auxiliary aids and services may be required for lengthy parent-teacher conferences than will normally be required for the types of incidental day-to-day communication that take place when children are dropped off or picked up from child care. As with other actions required by the ADA, providers cannot impose the cost of a qualified sign language interpreter or other auxiliary aid or service on the parent or guardian.
A particular auxiliary aid or service is not required by title III if it would pose an undue burden, that is, a significant difficulty or expense, relative to the center or parent company’s resources.
11. Q: We have a “no pets” policy. Do I have to allow a child with a disability to bring a service animal, such as a seeing eye dog?
A: Yes. A service animal is not a pet. The ADA requires you to modify your “no pets” policy to allow the use of a service animal by a person with a disability. This does not mean that you must abandon your “no pets” policy altogether, but simply that you must make an exception to your general rule for service animals.
12. Q: If an older child has delayed speech or developmental disabilities, can we place that child in the infant or toddler room?
A: Generally, no. Under most circumstances, children with disabilities must be placed in their age-appropriate classroom, unless the parents or guardians agree otherwise.
13. Q: Can I charge the parents for special services provided to a child with a disability, provided that the charges are reasonable?
A: It depends. If the service is required by the ADA, you cannot impose a surcharge for it. It is only if you go beyond what is required by law that you can charge for those services. For instance, if a child requires complicated medical procedures that can only be done by licensed medical personnel, and the center does not normally have such personnel on staff, the center would not be required to provide the medical services under the ADA. If the center chooses to go beyond its legal obligation and provide the services, it may charge the parents or guardians accordingly. On the other hand, if a center is asked to do simple procedures that are required by the ADA — such as finger-prick blood glucose tests for children with diabetes (see question 20) — it cannot charge the parents extra for those services. To help offset the costs of actions or services that are required by the ADA, including but not limited to architectural barrier removal, providing sign language interpreters, or purchasing adaptive equipment, some tax credits and deductions may be available (see question 24).
Personal Services
14. Q: Our center has a policy that we will not give medication to any child. Can I refuse to give medication to a child with a disability?
A: No. In some circumstances, it may be necessary to give medication to a child with a disability in order to make a program accessible to that child. While some state laws may differ, generally speaking, as long as reasonable care is used in following the doctors’ and parents’ or guardians written instructions about administering medication, centers should not be held liable for any resulting problems. Providers, parents, and guardians are urged to consult professionals in their state whenever liability questions arise.
15. Q: We diaper young children, but we have a policy that we will not accept children more than three years of age who need diapering. Can we reject children older than three who need diapering because of a disability?
A: Generally, no. Centers that provide personal services such as diapering or toileting assistance for young children must reasonably modify their policies and provide diapering services for older children who need it due to a disability. Generally speaking, centers that diaper infants should diaper older children with disabilities when they would not have to leave other children unattended to do so.
Centers must also provide diapering services to young children with disabilities who may need it more often than others their age.
Some children will need assistance in transferring to and from the toilet because of mobility or coordination problems. Centers should not consider this type of assistance to be a “personal service.”
16. Q: We do not normally diaper children of any age who are not toilet trained. Do we still have to help older children who need diapering or toileting assistance due to a disability?
A: It depends. To determine when it is a reasonable modification to provide diapering for an older child who needs diapering because of a disability and a center does not normally provide diapering, the center should consider factors including, but not limited to, (1) whether other non-disabled children are young enough to need intermittent toileting assistance when, for instance, they have accidents; (2) whether providing toileting assistance or diapering on a regular basis would require a child care provider to leave other children unattended; and (3) whether the center would have to purchase diapering tables or other equipment.
If the program never provides toileting assistance to any child, however, then such a personal service would not be required for a child with a disability. Please keep in mind that even in these circumstances, the child could not be excluded from the program because he or she was not toilet trained if the center can make other arrangements, such as having a parent or personal assistant come and do the diapering.
Issues Regarding Specific Disabilities
17. Q: Can we exclude children with HIV or AIDS from our program to protect other children and employees?
A: No. Centers cannot exclude a child solely because he has HIV or AIDS. According to the vast weight of scientific authority, HIV/AIDS cannot be easily transmitted during the types of incidental contact that take place in child care centers. Children with HIV or AIDS generally can be safely integrated into all activities of a child care program. Universal precautions, such as wearing latex gloves, should be used whenever caregivers come into contact with children’s blood or bodily fluids, such as when they are cleansing and bandaging playground wounds. This applies to the care of all children, whether or not they are known to have disabilities.
18. Q: Must we admit children with mental retardation and include them in all center activities?
A: Centers cannot generally exclude a child just because he or she has mental retardation. The center must take reasonable steps to integrate that child into every activity provided to others. If other children are included in group sings or on playground expeditions, children with disabilities should be included as well. Segregating children with disabilities is not acceptable under the ADA.
19. Q: What about children who have severe, sometimes life-threatening allergies to bee stings or certain foods? Do we have to take them?
A: Generally, yes. Children cannot be excluded on the sole basis that they have been identified as having severe allergies to bee stings or certain foods. A center needs to be prepared to take appropriate steps in the event of an allergic reaction, such as administering a medicine called “epinephrine” that will be provided in advance by the child’s parents or guardians.
The Department of Justice’s settlement agreement with La Petite Academy addresses this issue and others (see question 26).
20. Q: What about children with diabetes? Do we have to admit them to our program? If we do, do we have to test their blood sugar levels?
A: Generally, yes. Children with diabetes can usually be integrated into a child care program without fundamentally altering it, so they should not be excluded from the program on the basis of their diabetes. Providers should obtain written authorization from the child’s parents or guardians and physician and follow their directions for simple diabetes-related care. In most instances, they will authorize the provider to monitor the child’s blood sugar — or “blood glucose” — levels before lunch and whenever the child appears to be having certain easy-to-recognize symptoms of a low blood sugar incident. While the process may seem uncomfortable or even frightening to those unfamiliar with it, monitoring a child’s blood sugar is easy to do with minimal training and takes only a minute or two. Once the caregiver has the blood sugar level, he or she must take whatever simple actions have been recommended by the child’s parents or guardians and doctor, such as giving the child some fruit juice if the child’s blood sugar level is low. The child’s parents or guardians are responsible for providing all appropriate testing equipment, training, and special food necessary for the child.
The Department of Justice’s settlement agreements with KinderCare and La Petite Academy address this issue and others (see question 26).
21. Q: Do we have to help children take off and put on their leg braces and provide similar types of assistance to children with mobility impairments?
A: Generally, yes. Some children with mobility impairments may need assistance in taking off and putting on leg or foot braces during the child care day. As long as doing so would not be so time consuming that other children would have to be left unattended, or so complicated that it can only done by licensed health care professionals, it would be a reasonable modification to provide such assistance.
The Department of Justice’s settlement agreement with the Sunshine Child Center of Gillett, Wisconsin, addresses this issue and others (see question 26).
Making the Child Care Facility Accessible
22. Q: How do I make my child care center’s building, playground, and parking lot accessible to people with disabilities?
A: Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.
23. Q: We are going to build a new facility. What architectural standards do we have to follow to make sure that our facility is accessible to people with disabilities?
A: Newly constructed privately-run child care centers — those designed and constructed for first occupancy after January 26, 1993 — must be readily accessible to and usable by individuals with disabilities. This means that they must be built in strict compliance with the ADA Standards for Accessible Design. New centers run by government agencies must meet either the ADA Standards or the Uniform Federal Accessibility Standards.
Tax Provisions
24. Q: Are there tax credits or deductions available to help offset the costs associated with complying with the ADA?
A: To assist businesses in complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses.
The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5,000). The tax credit can be used to offset the cost of complying with the ADA, including, but not limited to, undertaking barrier removal and alterations to improve accessibility; provide sign language interpreters; and for purchasing certain adaptive equipment.
The tax deduction is available to all businesses with a maximum deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier removal and alterations.
To order documents about the tax credit and tax deduction provisions, contact the Department of Justice’s ADA Information Line (see question 30).
The Department of Justice’s Enforcement Efforts
25. Q: What is the Department of Justice’s enforcement philosophy regarding title III of the ADA?
A: Whenever the Department receives a complaint or is asked to join an on-going lawsuit, it first investigates the allegations and tries to resolve them through informal or formal settlements. The vast majority of complaints are resolved voluntarily through these efforts. If voluntary compliance is not forthcoming, the Department may have to litigate and seek injunctive relief, damages for aggrieved individuals, and civil penalties.
26. Q: Has the United States entered into any settlement agreements involving child care centers?
A: The Department has resolved three matters through formal settlement agreements with the Sunshine Child Center, KinderCare Learning Centers, and La Petite Academy.
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- In the first agreement, Sunshine Child Center in Gillett, Wisconsin, agreed to: (1) provide diapering services to children who, because of their disabilities, require diapering more often or at a later age than nondisabled children; (2) put on and remove the complainant’s leg braces as necessary; (3) ensure that the complainant is not unnecessarily segregated from her age-appropriate classroom; (4) engage in readily achievable barrier removal to its existing facility; and (5) design and construct its new facility (planned independently of the Department’s investigation) in a manner that is accessible to persons with disabilities.
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- In 1996, the Department of Justice entered into a settlement agreement with KinderCare Learning Centers — the largest chain of child care centers in the country — under which KinderCare agreed to provide appropriate care for children with diabetes, including providing finger-prick blood glucose tests. In 1997, La Petite Academy — the second-largest chain — agreed to follow the same procedures.
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- In its 1997 settlement agreement with the Department of Justice, La Petite Academy also agreed to keep epinephrine on hand to administer to children who have severe and possibly life-threatening allergy attacks due to exposure to certain foods or bee stings and to make changes to some of its programs so that children with cerebral palsy can participate.
The settlement agreements and their attachments, including a waiver of liability form and parent and physician authorization form, can be obtained by calling the Department’s ADA Information Line or through the Internet (see question 30). Child care centers and parents or guardians should consult a lawyer in their home state to determine whether any changes need to be made before the documents are used.
27. Q: Has the Department of Justice ever sued a child care center for ADA violations?
A: Yes. On June 30, 1997, the United States filed lawsuits against three child care providers for refusing to enroll a four-year-old child because he has HIV. See United States v. Happy Time Day Care Center, (W.D. Wisc.); United States v. Kiddie Ranch, (W.D. Wisc.); and United States v. ABC Nursery, Inc. (W.D. Wisc.).
28. Q: Does the United States ever participate in lawsuits brought by private citizens?
A: Yes. The Department sometimes participates in private suits either by intervention or as amicus curiae — “friend of the court.” One suit in which the United States participated was brought by a disability rights group against KinderCare Learning Centers. The United States supported the plaintiff’s position that KinderCare had to make its program accessible to a boy with multiple disabilities including mental retardation. The litigation resulted in KinderCare’s agreement to develop a model policy to allow the child to attend one of its centers with a state-funded personal assistant.
Additional Resources
29. Q: Are there any reference books or video tapes that might help me further understand the obligations of child care providers under title III?
A: Through a grant from the Department of Justice, The Arc published All Kids Count: Child Care and the ADA, which addresses the ADA’s obligations of child care providers. Copies are available for a nominal fee by calling The Arc’s National Headquarters in Arlington, Texas:
800-433-5255 (voice)
800-855-1155 (TDD)
Under a grant provided by the Department of Justice, Eastern Washington University (EWU) produced eight 5-7 minute videotapes and eight accompanying booklets on the ADA and child care providers. The videos cover different ADA issues related to child care and can be purchased as a set or individually by contacting the EWU at:
509-623-4246 (voice)
TDD: use relay service
30. Q: I still have some general questions about the ADA. Where can I get more information?
A: The Department of Justice operates an ADA Information Line. Information Specialists are available to answer general and technical questions during business hours on the weekdays. The Information Line also provides 24-hour automated service for ordering ADA materials and an automated fax back system that delivers technical assistance materials to fax machines or modems.
800-514-0301 (voice)
800-514-0383 (TDD)
The ADA Home Page, which is updated frequently, contains the Department of Justice’s regulations and technical assistance materials, as well as press releases on ADA cases and other issues. Several settlement agreements with child care centers are also available on the Home Page.
The Department of Justice also operates an ADA Electronic Bulletin Board, on which a wide variety of information and documents are available.
202-514-6193 (by computer modem)
There are ten regional Disability and Business Technical Assistance Centers, or DBTAC’s, that are funded by the Department of Education to provide technical assistance under the ADA. One toll-free number connects to the center in your region.
800-949-4232 (voice & TDD)
The Access Board offers technical assistance on the ADA Accessibility Guidelines.
800-872-2253 (voice)
800-993-2822 (TDD)
Electronic Bulletin Board
202-272-5448
The Equal Employment Opportunity Commission, or EEOC, offers technical assistance on the ADA provisions for employment which apply to businesses with 15 or more employees.
Employment questions
800-669-4000 (voice)
800-669-6820 (TDD)
Employment documents
800-669-3362 (voice)
800-800-3302 (TDD)
If you have further questions about child care centers or other requirements of the ADA, you may call the U.S. Department of Justice’s toll-free ADA Information Line at: 800-514-0301 (voice) or 800-514-0383 (TDD).
Note: Reproduction of this document is encouraged.