Reply to ADA Compliance with Fire Drills

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Reply to "ADA Compliance with Fire Drills"

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[quote=Anonymous][quote=Anonymous]FWIW, in DC the required teacher/child ratio at age 2 is 1:4, so it is not like a PP suggested that there are a huge number of kids per teacher.  If she can walk down the stairs while holding hands, I see no reason why it would not be a reasonable accommodation to ask that a teacher hold her hand during a fire drill.

I'd also don't see what's wrong with teaching her to butt scoot down stairs, in addition to having the accommodation of holding a hand.  I'd think you need more upper body strength than lower.

You guys are crazy if you think that agreeing an adult will hold a child's hand down the stairs is so unreasonable that the center can refuse to move the child up to an age or skill-appropriate room.

Also, contrary to a PPs suggestion, a kid who is late to potty training due to a disability can't be denied a spot in an age appropriate room if that is the only accommodation issue.  Go read some ADA cases.  [/quote]

According to the ADA website, if a facility does not normally provide diapering to any child, they don't have to provide it to a disabled child.  In cases where the facility does provide diapering, they have to consider how to reasonably accommodate an older child who requires it, but can turn the child on a case-by-case basis if they can't.

https://www.ada.gov/childqanda.htm

15. Q: We diaper young children, but we have a policy that we will not accept children more than three years of age who need diapering. Can we reject children older than three who need diapering because of a disability?
A: Generally, no. Centers that provide personal services such as diapering or toileting assistance for young children must reasonably modify their policies and provide diapering services for older children who need it due to a disability. Generally speaking, centers that diaper infants should diaper older children with disabilities when they would not have to leave other children unattended to do so.

Centers must also provide diapering services to young children with disabilities who may need it more often than others their age.

Some children will need assistance in transferring to and from the toilet because of mobility or coordination problems. Centers should not consider this type of assistance to be a "personal service."

16. Q: We do not normally diaper children of any age who are not toilet trained. Do we still have to help older children who need diapering or toileting assistance due to a disability?
A: It depends. To determine when it is a reasonable modification to provide diapering for an older child who needs diapering because of a disability and a center does not normally provide diapering, the center should consider factors including, but not limited to, (1) whether other non-disabled children are young enough to need intermittent toileting assistance when, for instance, they have accidents; (2) whether providing toileting assistance or diapering on a regular basis would require a child care provider to leave other children unattended; and (3) whether the center would have to purchase diapering tables or other equipment.

If the program never provides toileting assistance to any child, however, then such a personal service would not be required for a child with a disability. Please keep in mind that even in these circumstances, the child could not be excluded from the program because he or she was not toilet trained if the center can make other arrangements, such as having a parent or personal assistant come and do the diapering.[/quote]

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