Privately run childcare centers -- like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters and banks -- must comply with Title III of the ADA. Childcare services provided by government agencies, such as Head Start, summer programs and extended school day programs, must comply with Title II of the ADA. Both titles apply to a childcare center's interactions with the children, parents, guardians and potential customers that it serves.

The ADA requires that childcare providers not discriminate against persons with disabilities on the basis of disability; that is, that they provide children and parents with disabilities with an equal opportunity to participate in the childcare center's programs and services. Specifically:

• Centers cannot exclude children with disabilities from their programs unless their presence would pose a direct threat to the health or safety of others or require a fundamental alteration of the program.
  
• Centers have to make reasonable modifications to their policies and practices to integrate children, parents and guardians with disabilities into their programs unless doing so would constitute a fundamental alteration.
  
• Centers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, when doing so would not constitute an undue burden.
  
• Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.

For more information, go to www.ada.gov and www.usdoj.gov/crt/ada/childq&a.htm