According to the Justice Department, the Americans with Disabilities Act (ADA) "prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications." For children, the most important piece of this is public accommodations, transportation and commercial facilities, as this includes schools, childcare centers and bus systems. The ADA also applies to those who "have a relationship or association with an individual with a disability," according to the Justice Department. This makes it so that parents, too, are covered by the accommodations that the ADA offers.
General Accommodation
The ADA applies to disabled children just as it does to all disabled people. The ADA offers accommodations under five separate titles. The most important of these titles for children with disabilities are titles II and III. These titles cover state and local government activities--which include public parks and recreation, schools and healthcare, public transportation and public accommodations, including childcare facilities.
Education
Both the ADA and Section 504 of the Rehabilitation Act of 1973 protect the education of disabled children. Section 504, according to the Department of Education, "requires recipients [of Federal financial assistance] to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met." This, along with the ADA, which requires an equal opportunity for all those with disabilities, aims to ensure that students with disabilities get the most out of their education.
Transportation
All public transportation, including school buses, must be capable of transporting the disabled according to title II of the ADA. This means that any child with a disability can get transportation to school or to other locations using public transportation or transportation provided by the school.
Childcare
Childcare providers are covered under title III of the ADA, and so must provide reasonable accommodations to children with disabilities. According to the Justice Department, "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." This means that no childcare facility can reject a child for her disability, unless that child poses a direct threat to other children in the center. Childcare facilities must make reasonable accommodations for children they take in, even if a child has a service animal, needs individualized attention or would raise the center's insurance rates.
Exceptions
There are exceptions to the rules the ADA lays out for children with disabilities. Organizations that are private clubs or religious organizations do not have to abide by the ADA. This includes childcare and school services run by religious organizations.
References
- U.S. Department of Justice: A Guide to Disability Rights Laws
- U.S. Department of Education: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities
- U.S. Department of Justice: Commonly Asked Questions About Child Care Centers and the Americans With Disabilities Act
- U.S. Equal Employment Opportunity Commission: Americans with Disabilities Act Questions and Answers
