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Child Care and the Americans with Disabilities Act

by The Child Care Law Center
November/December 1995
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Article Link: http://exchangepress.com/article/child-care-and-the-americans-with-disabilities-act/5010681/

The federal Americans with Disabilities Act (ADA), enacted in 1990, prohibits child care centers from denying admission to a child simply because the child has a disability.

How do I decide whether to admit a child who has a disability?

You may not deny care to a child simply because the child has a disability; but you may assess the needs of the particular child and balance them against the size of your program's budget, staff, and other resources. The law is not intended to impose an unreasonable burden on small operations. In fact, many children who are considered to have disabilities under the ADA will require very little to accommodate their needs, depending on the type and severity of their disability. Often, it may only require a simple change in activities or limited adult assistance to care for children whose disabilities are not severe.

If you decide through objective criteria that your program is not able to adequately accommodate the child's needs, then you may be legally permitted to deny care to the child. Generally, there are only four reasons that allow a provider to deny care to a child with a disability:

_ if integrating the child into the ...

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