Legally, any childcare program open to the public is required to make reasonable accommodations in order to enroll a child with a disability. This requirement is mandated under the Americans with Disabilities Act (ADA), which is a federal civil rights law. This law applies to all types of childcare programs, including family childcare providers, childcare centers, and before- and after-school programs. The only facilities that are exempt from ADA regulations are programs operated by religious organizations.

This means that childcare providers cannot discriminate or refuse enrollment simply because a child has a disability. This law eliminates common excuses from childcare providers, such as: “We don’t have training to serve a child with a disability,” "We can’t afford the extra liability to care for a child with a disability,” or “We don’t take care of children with disabilities.”

What is an inclusive childcare program?
An inclusive childcare program places children with disabilities into an environment and enables them to participate in all daily activities with typically developing children. Any supports or services needed for the children with disabilities are brought to them in the classroom.

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation. Privately run childcare centers must comply with Title III of the ADA. Childcare services provided by state and local government agencies, such as Head Start, summer programs and extended school-day programs, must comply with ADA Title II. Both titles apply to a childcare center’s interactions with the children, parents, guardians and potential customers.

To learn more about childcare center compliance with ADA, please visit the ADA website at www.ada.gov.