1	ADA Title II & III and Childcare Centers Arizona Center for Disability Law Information & Advice 1-800-927-2260
2	Who is Covered by Title II and III of the ADA? Individual with a disability Actual disability History of a substantially limiting impairment Regarded as having a substantially limiting impairment Qualified: depends upon whether there are qualifications for participation in the place of public accommodation.
3	Title II applies to “public entities” Any state or local government; Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and The National Railroad Passenger Corporation and any commuter authority. 42 U.S.C. § 12131
4	Examples of covered programs (Title II) State legislatures State courts Town meetings Police and fire department Motor vehicle licensing Libraries and parks
5	Title III applies to. . . Places of public accommodations, Commercial facilities, and Private entities that offer examinations or courses related to applications, licensing, certification or credentialing for secondary or post secondary education, professional or trade purposes.
6	A public accommodation (Title III) is a private entity that owns, leases, leases to or operates a place of public accommodation. 28 C.F.R. § 36.102
7	Places of Public Accommodation an inn, hotel, motel or other place of lodging a restaurant, bar or other place serving food or drink a motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment an auditorium, convention center, lecture hall, or other place of public gathering, a bakery, grocery store, clothing store, hardware store, shopping or other sales or rental establishment
8	Exempted from coverage under Title III of the ADA Private clubs Private homes Mixed use residential facilities Religious entities
9	Requirements… Must make reasonable modifications in practices, policies and procedures to ensure qualified persons with disabilities have an equal opportunity to benefit from the goods, programs and services. Must provide “effective communication” and “appropriate auxiliary aids and services.” Must provide services in an integrated setting.
10	Limits of Duty to Provide Access Need not take actions that constitute a “fundamental alteration” or an undue financial or administrative burden. Need not provide personal devices, such as a wheelchair or hearing aid, or services of a personal nature, i.e.: assistance with eating, toileting or dressing. May deny access if person presents a direct threat to health or safety of others.
11	Prohibited actions under Title II & III Failure to design new facilities to provide accessibility to persons with disabilities Failure to remove physical barriers that are easily removed Refusal to make reasonable modifications in policies, practices, and procedures Refusal to provide auxiliary aids necessary for people with disabilities that would not bee too expensive or would not alter the service Providing unequal services Providing segregated services Refusing to allow a person with a disability to choose an integrated service Requiring people with disabilities to unnecessarily identify that they have a disability Imposition of criteria that screens or tends to screen out people with disabilities
12	More discriminatory conduct: refusal to remove barriers Architectural barriers including but not limited to installing ramps, making curb cuts, repositioning telephones, adding raised markings on elevator control buttons, widening doors, installing offset hinges to widen doorways, eliminating turnstiles, providing alternative accessible path, installing grab bars 28 C.F.R. § 36/304
13	Title II: New Construction and Alterations Those facilities designed and constructed for first occupancy after January 26, 1992 Those facilities or portions of facilities altered after January 26, 1992 Must ensure buildings are free of architectural barriers, using either the Uniform Federal Accessibility Standards (UFAS) or the ADA Accessibility Guidelines (ADAAG). *ADAAG and UFAS at: www.access-board.gov
14	Title III: Physical Accessibility and Architectural Barriers “Existing Facilities,” are those constructed for first occupancy prior to January 26, 1993. Must remove architectural barriers where it is readily achievable Alterations to the buildings must be completed to ensure accessibility “to the maximum extent feasible.” Both landlord and tenant have responsibility to remove barriers.
15	Title III - New Construction Requirements Those facilities designed and constructed after January 26, 1993 must be designed and constructed in compliance with the ADA Accessibility Guidelines (ADAAG).
16	Childcare Centers and the ADA Does ADA apply to childcare centers? General Information? What personal services are childcare centers supposed to provide? Specific disability examples? What are the accessibility requirements? Where does someone go to file a complaint of discrimination?
17	Does the ADA apply to childcare centers? Yes, Yes, & It Depends Yes: Privately run childcare centers must comply with Title III. Yes: Government agencies such as Head Start and after school programs must comply with Title II. It Depends: Religious entities may be exempt if childcare center is actually run by church, synagogues, etc… (Beware of lease)
18	General Information (Requirements)? Provide children and parents with equal opportunity to participate. Centers cannot exclude children unless direct threat or fundamental alteration. Centers have to make reasonable modifications to policies to integrate. Provide auxiliary aids unless undue burden. Must make facilities accessible if readily achievable or newly constructed.
19	More Requirements? Do not assume that disability is too severe for the child to be integrated. (Individualized Assessment) Cannot deny based on increased insurance rates. Cannot charge extra unless going well beyond legal requirements. Do not have to admit child with disability ahead of other children. Cannot deny if child needs one-to-one care. (Individualized Assessment)
20	What personal services are childcare centers supposed to provide? Medication? It depends…undue burden or fundamental alteration. Case examples: Diabetes testing = Sometimes Yes Insulin shots= Sometimes No Asthma = Sometimes Yes Allergies = Sometimes Yes Often times parents authorize and waive liability.
21	Personal services…Diapering Children? Policy- “We do not accept children more than 3 who are need of diapering.” Center (that does provide personal services) must modify policy to allow for older children with disabilities. Center should also provide more frequent diapering if needed for younger children. Transferring to and from toilet because of mobility also not personal service.
22	More Diapering Issues… Factors for a Center to Consider… 1.) Do non disabled children occasionally when an accident occurs 2.) Are other children left unattended when diapering of child occurs 3.) Would Center have to buy changing table? Key: Fundamental alteration, undue burden, & alternatives
23	Specific Disabilities Can a Center deny a child because s/he has a specific disability? Generally No Examples????????????????????? Keys –Do not stereotype, Goal is to integrate, Talk with Parents and Individualized assessment of alteration or burden.
24	Accessibility Requirements? Remove barriers that are readily achievable. Readily achievable = easily accomplished and without much difficulty or expense For example, doors grab bars, rearranging furniture… Newly constructed buildings = Post 1/26/1993 Must be readily accessible and usable under ADAAG or UFAS
25	Enforcement File a complaint of discrimination with the Arizona Attorney General’s Office, Civil Rights Division under the state’s Arizonans With Disabilities Act (AzDA), by calling: (602) 542-5263 or TDD: (602) 542-5002 in Phoenix, -or- (520) 628-6500 or TDD: (520) 628-6872 in Tucson. * Complaints must be filed within 180 days from the date of the discrimination.
26	Enforcement… File a complaint with the U.S. Department of Justice (DOJ) alleging violation of Title III of the ADA. Complete the document, “How to File a Title III Complaint,” and mail it to the address specified on page 3 of that document. There is no deadline for filing this complaint, but we urge you to do so as soon as possible to preserve your rights.
27	Enforcement… File a complaint with the Arizona District of the U.S. Attorney’s Office, under Title III of the ADA, by calling (800) 800-2570. There is no deadline in which to file this complaint, but again, we urge you to do so as soon as possible to preserve your rights.
28	AZ Center for Disability Law Assisting Arizonans with Disabilities in the areas of… Health Care Mental Health Special Education Employment & Vocational Rehabilitation Housing and Access Issues
29	Accessing Center Services One may contact the Center for assistance during Short Term Assistance Team’s (STAT) hours of operation: Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602) 274-6298 or toll free (800) 927-2260. Our receptionist takes brief information on the issue, which is provided to STAT’s Information & Referral Supervisor for review. Due to the volume of requests we receive, we are unable to respond immediately to each request, however, the call will be returned at our earliest opportunity.