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Home » Consumer Information » Children with Disabilities

Americans with Disabilties Act

According to the Americans with Disabilities Act (ADA), it is illegal to discriminate against anyone who is disabled. The act, established in 1992, is civil rights legislation put into effect to protect people with mental or physical impairments from prejudice. The ADA mandates that public facilities must be accommodating to disabled individuals through sensible policy, practice, and procedure adjustments.

Modifications are unnecessary if they would essentially alter the goods or services that a childcare provider has to offer. If it is feasible, architectural obstructions must be removed. In other words, if the structure can be renovated without much aggravation or expense, it is a feasible endeavor. This could entail the installation of a wheelchair ramp in the place shrubbery lining a building.

Supplementary aids and services must be offered unless they result in an "undue burden," creating a major headache for those involved or costing an exorbitant amount of money. For instance, slightly modifying toys or equipment would most likely not be considered an undue burden. However, hiring another staff member to work full time at a daycare center with a disabled child may change the fundamental structure of the program and result in an undue burden. The ADA also forbids charging parents extra for the care of their disabled son or daughter.

Oftentimes, a disabled child can be looked after easily in a standard childcare environment. Family childcare centers are best suited for a scenario such as this because their program is already geared towards children from multiple age groups and stages of development. Working a two-year-old into the fold is not that unlike providing accommodations for a child with Down's syndrome.

Interaction between children with disabilities and those without can be a very rewarding experience. Continuous care from adults over a period of years can be very advantageous as well. Children without disabilities can also benefit from a relationship with a disabled peer through learning how to assist and respect someone with special needs.

A disabled child has needs similar to any other child; they need to be comfortable, feel wanted and loved, and engage in activities that allow their mind and body to develop. Disabled children can usually learn how to use toys and devices, but it might take them a little longer to figure it out. They also require more acclaim and inspiration to obtain skills that other children their age have already mastered.

If you feel that your child has been treated unfairly as a result of their disability in violation of the ADA, you may be able to file a lawsuit. Get in touch with a social security disability lawyer to discuss your options.