ADA Compliance with Fire Drills

[Anonymous]

My almost 2 year old is in daycare. She can't walk independently but is getting there. She can walk up stairs holding hands but needs to be carried down. I want to move her up to the 2 year old room (up 1 flight of stairs) but they are unsure because of fires/fire drills. I know she is protected by the ADA, but can they deny this to her? She may not be able to walk up and down on her own for another year!

[Anonymous]

They have to try to make a reasonable accommodation. This may mean coming up with a plan for someone to carry her down the stairs. Or it could mean moving a 2 year old room to the first floor.

Can she walk on her own otherwise? At daycares, they often have a crib with certain kids designated to be evacuated in emergency by putting them together in a crib and wheeling them out. That doesn't help for the stairs, but would address if she has difficulty walking. It could be also be a wheeled trike w/ a push arm, stroller or smith similar and more age appropriate.

[Anonymous]

Anonymous wrote:They have to try to make a reasonable accommodation. This may mean coming up with a plan for someone to carry her down the stairs. Or it could mean moving a 2 year old room to the first floor.

Can she walk on her own otherwise? At daycares, they often have a crib with certain kids designated to be evacuated in emergency by putting them together in a crib and wheeling them out. That doesn't help for the stairs, but would address if she has difficulty walking. It could be also be a wheeled trike w/ a push arm, stroller or smith similar and more age appropriate.

Currently she can walk holding one hand.

[Anonymous]

It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

[Anonymous]

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

I called the DOJ and they said she would be protected. I don't want it to come to that. If they can take her and 15 other 2 year olds downstairs for outside time then why can't they for a fire drill?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

I called the DOJ and they said she would be protected. I don't want it to come to that. If they can take her and 15 other 2 year olds downstairs for outside time then why can't they for a fire drill?

Yes, she is protected, but the word "reasonable" is subject to interpretation. In cases like this, your best bet is to meet with them and see what they are able to accomodate. I'd think they could carry a two year old down the stairs. If they think they can't, you need to know why and brainstorm ideas for how they can solve the problem or come up with alternatives.

[Anonymous]

Is the concern really with the drill, or is it with what might happen in the event of a real emergency? I could see them envisioning a scenario where one or more teachers become incapacitated by the emergency and suddenly there’s no one who can carry your child to safety.

[Anonymous]

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

But keeping a 2 year old in an infant room is not appropriate care. It's a programmatic difference, not just a location difference.

OP, I would push back. Like another poster said, the reasonable accommodation can be putting a 2 year old classroom on the 1st floor or designating someone to carry her out. For the poster who thought the concern might be that all the teachers could get injured and so no one would be able to carry her out -- if that happened, it would be a problem for all the 2 year olds, since even 2 year olds without disabilities cannot safely evacuate a building by themselves.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

I called the DOJ and they said she would be protected. I don't want it to come to that. If they can take her and 15 other 2 year olds downstairs for outside time then why can't they for a fire drill?

Yes, she is protected, but the word "reasonable" is subject to interpretation. In cases like this, your best bet is to meet with them and see what they are able to accomodate. I'd think they could carry a two year old down the stairs. If they think they can't, you need to know why and brainstorm ideas for how they can solve the problem or come up with alternatives.

They want to teach her to butt scoot down the stairs but she is weak in the legs and I don't see it going well. I don't see why they can't have one of the staff people (not teachers) take her downstairs. How does one teacher handle 8 students anyways? Aren't all two year olds bad at getting up and down stairs?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

I called the DOJ and they said she would be protected. I don't want it to come to that. If they can take her and 15 other 2 year olds downstairs for outside time then why can't they for a fire drill?

Yes, she is protected, but the word "reasonable" is subject to interpretation. In cases like this, your best bet is to meet with them and see what they are able to accomodate. I'd think they could carry a two year old down the stairs. If they think they can't, you need to know why and brainstorm ideas for how they can solve the problem or come up with alternatives.

They want to teach her to butt scoot down the stairs but she is weak in the legs and I don't see it going well. I don't see why they can't have one of the staff people (not teachers) take her downstairs. How does one teacher handle 8 students anyways? Aren't all two year olds bad at getting up and down stairs?

In the event of an emergency, the staff people may not be able to get up the stairs.

And no, not all two year olds are bad at getting up and down stairs. If there is only one teacher in the 2 yo room, i can see why they are concerned with having her carried.

Is your child getting PT or OT? Can you have the therapist weigh in and/or work on the butt scoot to see if it is workable?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

But keeping a 2 year old in an infant room is not appropriate care. It's a programmatic difference, not just a location difference.

OP, I would push back. Like another poster said, the reasonable accommodation can be putting a 2 year old classroom on the 1st floor or designating someone to carry her out. For the poster who thought the concern might be that all the teachers could get injured and so no one would be able to carry her out -- if that happened, it would be a problem for all the 2 year olds, since even 2 year olds without disabilities cannot safely evacuate a building by themselves.

One person could manage to get a group of fully mobile 2 year olds down at flight of stairs, but it might involve some handholding or other physical work, especially if they’re scared. If that one teacher is already carrying one child because she cannot walk down the stairs, what does she do when there’s a logjam or kids who suddenly feel the need for a handhold to keep going? Does she leave a few kids behind and just carry OP’s child out, hoping the others will eventually start walking? Abandon OP’s child because that allows her to save the greatest number of children? These are the kinds of scenarios a daycare needs to consider. I agree that keeping her in the infant room is not appropriate, but it’s also helpful to keep in mind all of the relevant considerations as OP works toward an appropriate resolution.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

But keeping a 2 year old in an infant room is not appropriate care. It's a programmatic difference, not just a location difference.

OP, I would push back. Like another poster said, the reasonable accommodation can be putting a 2 year old classroom on the 1st floor or designating someone to carry her out. For the poster who thought the concern might be that all the teachers could get injured and so no one would be able to carry her out -- if that happened, it would be a problem for all the 2 year olds, since even 2 year olds without disabilities cannot safely evacuate a building by themselves.

One person could manage to get a group of fully mobile 2 year olds down at flight of stairs, but it might involve some handholding or other physical work, especially if they’re scared. If that one teacher is already carrying one child because she cannot walk down the stairs, what does she do when there’s a logjam or kids who suddenly feel the need for a handhold to keep going? Does she leave a few kids behind and just carry OP’s child out, hoping the others will eventually start walking? Abandon OP’s child because that allows her to save the greatest number of children? These are the kinds of scenarios a daycare needs to consider. I agree that keeping her in the infant room is not appropriate, but it’s also helpful to keep in mind all of the relevant considerations as OP works toward an appropriate resolution.

Is it unreasonable to have one of the 6 extra staff on hand to help her teacher?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

But keeping a 2 year old in an infant room is not appropriate care. It's a programmatic difference, not just a location difference.

OP, I would push back. Like another poster said, the reasonable accommodation can be putting a 2 year old classroom on the 1st floor or designating someone to carry her out. For the poster who thought the concern might be that all the teachers could get injured and so no one would be able to carry her out -- if that happened, it would be a problem for all the 2 year olds, since even 2 year olds without disabilities cannot safely evacuate a building by themselves.

One person could manage to get a group of fully mobile 2 year olds down at flight of stairs, but it might involve some handholding or other physical work, especially if they’re scared. If that one teacher is already carrying one child because she cannot walk down the stairs, what does she do when there’s a logjam or kids who suddenly feel the need for a handhold to keep going? Does she leave a few kids behind and just carry OP’s child out, hoping the others will eventually start walking? Abandon OP’s child because that allows her to save the greatest number of children? These are the kinds of scenarios a daycare needs to consider. I agree that keeping her in the infant room is not appropriate, but it’s also helpful to keep in mind all of the relevant considerations as OP works toward an appropriate resolution.

Is it unreasonable to have one of the 6 extra staff on hand to help her teacher?

How many children are those six staff members responsible for?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's a bit of a gray area. They have to provide "reasonable accomodations," which can vary by situation. Do they have a problem carrying her down the stairs? If so what is the problem and is there a "reasonable" method to overcome the problem. Maybe they can train staff to do a rescue carry? There are also specialized transport devices that can take adults down stairs, there are probably child versions. Can they afford to get one?

On the other hand, they can argue that keeping your kid in the infant room is in fact a reasonable accommodation, since they still would be providing appropriate care, even if not in the best location.

But keeping a 2 year old in an infant room is not appropriate care. It's a programmatic difference, not just a location difference.

OP, I would push back. Like another poster said, the reasonable accommodation can be putting a 2 year old classroom on the 1st floor or designating someone to carry her out. For the poster who thought the concern might be that all the teachers could get injured and so no one would be able to carry her out -- if that happened, it would be a problem for all the 2 year olds, since even 2 year olds without disabilities cannot safely evacuate a building by themselves.

One person could manage to get a group of fully mobile 2 year olds down at flight of stairs, but it might involve some handholding or other physical work, especially if they’re scared. If that one teacher is already carrying one child because she cannot walk down the stairs, what does she do when there’s a logjam or kids who suddenly feel the need for a handhold to keep going? Does she leave a few kids behind and just carry OP’s child out, hoping the others will eventually start walking? Abandon OP’s child because that allows her to save the greatest number of children? These are the kinds of scenarios a daycare needs to consider. I agree that keeping her in the infant room is not appropriate, but it’s also helpful to keep in mind all of the relevant considerations as OP works toward an appropriate resolution.

Is it unreasonable to have one of the 6 extra staff on hand to help her teacher?

Depends. Presumably everybody already has a job in an emergency. Can one of those staff be spared to take your kid while all the other emergency tasks are still covered?

[Anonymous]

Maybe I just need to find a school without stairs. Too bad the waitlists are huge in Alexandria.