Reply to ADA Compliance with Fire Drills

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[quote=Anonymous][quote=Anonymous][quote=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, [b]since they still would be providing appropriate care,[/b] even if not in the best location.[/quote]

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.[/quote]

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. [/quote]

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