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(6.30) Must day care providers make reasonable modifications to provide care for children with developmental disabilities?

(6.30) Must day care providers make reasonable modifications to provide care for children with developmental disabilities?

Children should be included in community day care programs whenever possible. The Americans with Disabilities Act (ADA) says that day care providers cannot discriminate against children with disabilities. They must make “reasonable modifications” (changes) to the program, like extra aids and services, so children with disabilities can participate. But, if the changes or extra services you need create an “undue hardship” or cause a “fundamental change in the program,” the program does not have to provide the extra services.[1]Title 42 U.S. Code section 12182(b)(2)(A)(ii) and (iii).

In that case, you can get the extra help you need from the regional center. For example, if the day care program says your child must have a one-to-one aide, and that would fundamentally change the program, the regional center should pay for the aide. The regional center can also advise and train the day care staff.

Get a letter from the program that explains the support your child needs at day care. Or, ask a day care staff member to go to your IPP meeting with you. In this way, the IPP can be written to include your child’s need for extra support while in day care and the regional center’s role.

If you have trouble getting the help you need, call Disability Rights California. You can also call the Child Care Law Center at (415) 558-8005.

References
1 Title 42 U.S. Code section 12182(b)(2)(A)(ii) and (iii).