Solely because of the ADA, children with mental or physical disabilities have the opportunity to participate in any and all activities or opportunities of community life. This also includes child- care. Because of Title 3 of the ADA that was generally effective on 1-26-92,children can not be excluded from a child care setting on the basis of a disability.

As a parent of a child with a disability, you might wonder if there are benefits in including your child in a child care center or family day home? The answer obviously in my opinion is a resounding yes. All children benefit from interacting with peers. I know that some may think that segregating children with disabilities will make both the abled and disabled child more comfortable. However, in my opinion that is not reality. Blending the abled and disabled will show each early on that they are the same. The abled child will learn that the disabled are people that they can interact with just like any other. The disability limits them but they can still be friends. They learn not to be afraid of an illness from an early age. What better way to teach a child in my opinion? On the other hand, the disabled child learns that they are not as different as they think. They learn that they can do and be anything that they want regardless of their disability. Long friendships will ensue. Most importantly in my opinion, they will not feel outcasted.

Specifically, Title III is the portion of the ADA that affects child -care programs. The ADA states that public places that accommodates people and this includes child care centers, must make reasonable modifications in policies, practices and procedures in order to accommodate individuals with disabilities. A modification is not required if it would "fundamentally alter" the goods or services of a child care setting. This means that things such as stairs that may prevent access to services must be removed when "readily achievable". "Readily Achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In plain English, you can not force a child- care center to tear down a barrier if it a structured part of their building. However, the ADA does state that if a barrier removal is not readily achievable, centers must make services available through alternative methods, if those methods are readily achievable. What that means if that the center must come up with an alternative to accommodate your child’s disability. It may not be the one that you want. The alternative may only partially solve your access problem because the alternative method may not be readily achievable.

Here is what the child-care centers must provide according to the ADA unless doing so would "fundamentally alter" the goods or services provided or would constitute an "undue burden". "Auxiliary aids and services" to ensure effective communication with children who have disabilities affecting hearing, vision or speech. Remember "fundamentally alter" and "undue burden" in my opinion is vague statements and gives the center discretion to make their own decisions. Auxiliary aids and services include qualified interpreters, qualified readers and other effective methods, equipment, devices and services needed for communication. This is where you as a parent need to make a decision. From what I can determine, if you are looking to place your child into a center and your child would be the only one at a center who is in need of a sign language interpreter, that may constitute an undue financial burden for the center and they may not be required under the ADA to offer that service. You then may have to look for another center that will accommodate your child’s disability. Child -care centers are not required to provide individually prescribed personal devices such as hearing aids, prescription eyeglasses or other services of a personal nature.

With regards to implementing safety guidelines for the disabled, the child-care center must do so based on actual risks not on speculation, stereotype or generalizations. This means that if they inform you as a parent that they are going to handle your disabled child in a specific manner for safety concerns and you do not approve, you can require the statistics that they are basing their decision on. If they can not produce this, then they are speculating and therefore not in accordance with the ADA.

With regards to transportation, the same requirements under Title III that apply to child-care centers apply to the transportation services that are provided. So you know, if your child is new to the center and is the only one that is need of a vehicle with lifts, it is not mandatory for centers to convert existing vehicles that they own to hydraulic or other lifts. However, if a new vehicle is purchased after your child starts at that center, then they are required to adhere to the regulations used by the Department of Transportation for that disability.

Can any costs that the center incurs while complying with the ADA be passed onto you? The answer is no. The ADA prohibits centers from imposing extra- financial responsibility to the family of the disabled child. However, the ADA does allow the center to pass on the costs of complying with the ADA to all of the families equally as an increase in overhead costs.