Legal protections
private attorney or by filing a complaint with the Department of Justice.
continued from page 9
if a reasonable accommodation is needed. According to Dwayne Jones, the town’s recreation manager, “We’ve really gotten more aggressive in trying to meet [our residents’] special needs. We’re trying to get the word out more that these opportunities are available.” While Jones acknowledges that most requests are for children with conditions affecting learning or behavior, he says the department wants parents to know that reasonable accommodations can be made for children with physical disabilities as well. If parents need help resolving an issue with a town-sponsored athletic organization, they should first go to the child’s coach, then to the head of the department, and finally to the municipality or department ADA coordinator. Problems with private teams or athletic leagues should first be addressed with the coach, then the president of the league and then, if needed, through a
modifications if it would put an undue burden on the facility, its staff or its operating budget. Because every child’s needs are likely n Child care centers to be unique, Stiles recommends parents Child care centers and preschools also of a child with a disability write a “plan of fall under the ADA. Stiles, of Disability Rights North Carolina, says most chron- care” and request a meeting with the child ic or life-threatening illnesses would also care center to discuss how the child’s needs will be met. If the staff refuses to almost certainly fall under the ADA, meet the child’s needs, a more formal which defines disability as a physical or request for a reasonable accommodation mental impairment that substantially under the ADA can be made. If all other limits one or more major life activities. attempts fail, a complaint can be filed Common examples child care centers with the Department of Justice. may encounter are diabetes, cerebral As these scenarios suggest, every palsy, ASD and food allergies, she says. disability brings its own set of challenges, Under the ADA, a child care center would be in violation if it rejected a child’s and concerns must be addressed on a case-by-case basis. The bottom line for application based solely on the needs associated with a condition such as diabetes. parents is to remember that your child According to Stiles, if insulin management has rights and protections under these is required or the child needs to eat a cer- federal laws, and it’s important for you tain type of snack at a particular time, the to know what they are. You can be your child’s best advocate. parents and the child care center should work together to identify how the child’s Robyn Kinsey Mooring is a Durhamdisability-related needs can be met. The center can’t be required, however, based writer and the mother of two boys. to hire a full-time nurse or make other
ARE THERE EXCEPTIONS TO ADA? While the American with Disabilities Act provides broad
do not accept any state or federal money, for example, are not
protections to children and adults with disabilities, there are
bound by the law’s requirements.
exceptions for certain organizations. The law does not apply
Even if a program is not covered by the ADA, Stiles suggests
to religious organizations or private clubs that can prove an
parents still develop a “plan of care” to help ease concerns
exclusive membership. Church-based preschool programs that
about how their child’s disability should be handled. If there is any question about the program’s willingness to accommodate your child, you might want to find a more willing or responsive program while you evaluate your legal options. If your child has been discriminated against because of a disability, you may consult with Disability Rights North Carolina. Your child may be eligible for free legal assistance regardless of your family or household income. Disability Rights North
Carolina can be reached toll-free at 877-235-4210 (voice) and 888-268-5535 (TTY).
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— Robyn Kinsey Mooring