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velcro pieces children can pull of and place back for example shapes, numbers, letters

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Change visuals for clarity and simplicity

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Watch videos and cut apart pool noodles for children to use for movement (like scarves)

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(adds fun and physicality to an activity) Use a fly swatter to swat the letter/shape/number

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Be creative where you add choice - hop like a bunny/crawl like a cat, choose your color, etc

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Monthly

Watch what children are playing with and remove what doesn’t interest them or modify toy

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Practice spilling milk (water) at the lunch table and cleaning it up

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Make collaboration jobs like moving cots together and putting them out

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Especially high energy temperament and those needing more things to keep them busy

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Ask more questions about what a child is thinking - after reading a book or during the book, “What do you think that character was feeling?” “What did you like?”

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If you struggle to have a conversation with children, look for questions you can ask in a Google search or get a pack of question cards.

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Let children show their friends and teachers what they’re learning. Learning talent shows.

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Music as a way to stay engaged - singing while you work. Music is universal.

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Checking off tasks after finishing them - visual schedule with check boxes.

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Think of ways to help children regulate because self regulation is a lifelong skill through adulthood so for children we can think of it more as coregulation. Blowing bubbles together, hugs (keeping in mind sometimes touch can be overstimulating when a child is very elevated), breathing, push the wall, etc

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By Hands 2 Minds

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Adjust how they are feeling throughout the day

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interactive visual schedule with arrows that the children can change on their own

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Visuals on cards to support communication (example PECS)

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Multiple languages (home languages of children in the room)

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Language incorporation for those with different home language: toys, objects, routine cards - all in home language(s)

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Using colors when speaking different languages - for example wearing blue yarn necklace when speaking Spanish and green for English, etc

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after reading a book, drawing in a journal to match the book

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Children draw what they would see, imagining they are Brown bear. They then get to show the group and read their own creations/stories . Act out their own story.

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Saying good things about themselves

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It takes a village to raise a child - find helpers like colleagues and bring in experts and family members.

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www.challengingbehavior.org/resources

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https://wiaimh.org/find-a-pm-training

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Wisconsin Alliance for Infant Mental Health

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Find a PM Training - Wisconsin Alliance for Infant Mental Health

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This sensory audit is to help staff to assess and create an environment that enables the participation of pupils with autism. It does not cover all aspects, but gives ideas on the ways in which a setting might be altered if pupils experience sensory processing difficulties and find it hard or very anxiety-provoking to tolerate certain sensations or situations.

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Sensory Audit for School and Classrooms - Best Practice: Sensory

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This sensory audit is to help staff to assess and create an environment that enables the participation of pupils with autism. It does not cover all aspects, but gives ideas on the ways in which a setting might be altered if pupils experience sensory processing difficulties and find it hard or very anxiety-provoking to tolerate ...

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https://udlguidelines.cast.org/

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If you want to add sound effects to stories, let children participate - give them objects to make the sound of the "wind" or "footsteps" for example.

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Ask someone to role-model from the classroom (another child) how to do the action/activity.

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Choose language and symbols that are appropriate to the age group

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Choose language and symbols that are appropriate to the age group

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Example - for a younger child, the symbol could be related to the sign language they are learning.

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https://dcf.wisconsin.gov/files/youngstar/pdf/eci/wi-eci-toolkit.pdf

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Americans with Disabilities Act and how it pertains to childcare

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Americans with Disabilities Act and how it pertains to childcare

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Last updated:

Read this to get specific guidance about this topic.

Q1. Does the Americans with Disabilities Act apply to child care centers?

A: Yes. Privately-run child care 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. Child care 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 child care center's interactions with the children, parents, guardians, and potential customers that it serves.

A child care center's employment practices are covered by other parts of the ADA and are not addressed here. For more information about the ADA and employment practices, please contact the Equal Employment Opportunity Commission (see question 29).

Q2. Which child care centers are covered by title III?

A: Almost all child care providers, regardless of size or number of employees, must comply with title III of the ADA. Even small, home-based centers that may not have to follow some State laws are covered by title III.

The exception is child care centers that are actually run by religious entities such as churches, mosques, or synagogues. Activities controlled by religious organizations are not covered by title III.

Private child care centers that are operating on the premises of a religious organization, however, are generally not exempt from title III. Where such areas are leased by a child care program not controlled or operated by the religious organization, title III applies to the child care program but not the religious organization. For example, if a private child care program is operated out of a church, pays rent to the church, and has no other connection to the church, the program has to comply with title III but the church does not.

General Information

Q3. What are the basic requirements of title III?

A: The ADA requires that child care 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 child care 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.

Q4. How do I decide whether a child with a disability belongs in my program?

A: Child care centers cannot just assume that a child's disabilities are too severe for the child to be integrated successfully into the center's child care program. The center must make an individualized assessment about whether it can meet the particular needs of the child without fundamentally altering its program. In making this assessment, the caregiver must not react to unfounded preconceptions or stereotypes about what children with disabilities can or cannot do, or how much assistance they may require. Instead, the caregiver should talk to the parents or guardians and any other professionals (such as educators or health care professionals) who work with the child in other contexts. Providers are often surprised at how simple it is to include children with disabilities in their mainstream programs.

Child care centers that are accepting new children are not required to accept children who would pose a direct threat (see question 8) or whose presence or necessary care would fundamentally alter the nature of the child care program.

Q7. Our center specializes in group child care. Can we reject a child just because she needs individualized attention?

A: No. Most children will need individualized attention occasionally. If a child who needs one-to-one attention due to a disability can be integrated without fundamentally altering a child care program, the child cannot be excluded solely because the child needs one-to-one care.

For instance, if a child with Down Syndrome and a significant intellectual disability applies for admission and needs one-to-one care to benefit from a child care program, and a personal assistant will be provided at no cost to the child care center (usually by the parents or through a government program), the child cannot be excluded from the program solely because of the need for one-to-one care. Any modifications necessary to integrate such a child must be made if they are reasonable and would not fundamentally alter the program. This is not to suggest that all children with Down Syndrome need one-to-one care or must be accompanied by a personal assistant in order to be successfully integrated into a mainstream child care program. As in other cases, an individualized assessment is required. But the ADA generally does not require centers to hire additional staff or provide constant one-to-one supervision of a particular child with a disability.

Q8. What about children whose presence is dangerous to others? Do we have to take them, too?

A: No. Children who pose a direct threat - a substantial risk of serious harm to the health and safety of others - do not have to be admitted into a program. The determination that a child poses a direct threat may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individualized assessment that considers the particular activity and the actual abilities and disabilities of the individual.

In order to find out whether a child has a medical condition that poses a significant health threat to others, child care providers may ask all applicants whether a child has any diseases that are communicable through the types of incidental contact expected to occur in child care settings. Providers may also inquire about specific conditions, such as active infectious tuberculosis, that in fact pose a direct threat.

Q9. One of the children in my center hits and bites other children. His parents are now saying that I can't expel him because his bad behavior is due to a disability. What can I do?

A: The first thing the provider should do is try to work with the parents to see if there are reasonable ways of curbing the child's bad behavior. He may need extra naps, 'time out', or changes in his diet or medication. If reasonable efforts have been made and the child continues to bite and hit children or staff, he may be expelled from the program even if he has a disability. The ADA does not require providers to take any action that would pose a direct threat - a substantial risk of serious harm - to the health or safety of others. Centers should not make assumptions, however, about how a child with a disability is likely to behave based on their past experiences with other children with disabilities. Each situation must be considered individually.

Q10. One of the children in my center has parents who are deaf. I need to have a long discussion with them about their child's behavior and development. Do I have to provide a sign language interpreter for the meeting?

A: It depends. Child care centers must provide effective communication to the customers they serve, including parents and guardians with disabilities, unless doing so poses an undue burden. The person with a disability should be consulted about what types of auxiliary aids and services will be necessary in a particular context, given the complexity, duration, and nature of the communication, as well as the person's communication skills and history. Different types of auxiliary aids and services may be required for lengthy parent-teacher conferences than will normally be required for the types of incidental day-to-day communication that take place when children are dropped off or picked up from child care. As with other actions required by the ADA, providers cannot impose the cost of a qualified sign language interpreter or other auxiliary aid or service on the parent or guardian.

A particular auxiliary aid or service is not required by title III if it would pose an undue burden, that is, a significant difficulty or expense, relative to the center or parent company's resources.

Q11. We have a 'no pets' policy. Do I have to allow a child with a disability to bring a service animal, such as a guide dog?

A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean that you must abandon your "no pets" policy altogether, but simply that you must make an exception to your general rule for service animals.

Personal Services

Q15. 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."

Q16. 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.

Issues Regarding Specific Disabilities

Q19. What about children who have severe, sometimes life-threatening allergies to bee stings or certain foods? Do we have to take them?

A: Generally, yes. Children cannot be excluded on the sole basis that they have been identified as having severe allergies to bee stings or certain foods. A center needs to be prepared to take appropriate steps in the event of an allergic reaction, such as administering a medicine called "epinephrine" that will be provided in advance by the child's parents or guardians.

The Department of Justice's settlement agreements can be found at archive.ADA.gov (see question 26).

Q20. What about children with diabetes? Do we have to admit them to our program? If we do, do we have to test their blood sugar levels?

A: Generally, yes. Children with diabetes can usually be integrated into a child care program without fundamentally altering it, so they should not be excluded from the program on the basis of their diabetes. Providers should obtain written authorization from the child's parents or guardians and physician and follow their directions for simple diabetes-related care. In most instances, they will authorize the provider to monitor the child's blood sugar - or "blood glucose" - levels before lunch and whenever the child appears to be having certain easy-to-recognize symptoms of a low blood sugar incident. While the process may seem uncomfortable or even frightening to those unfamiliar with it, monitoring a child's blood sugar is easy to do with minimal training and takes only a minute or two. Once the caregiver has the blood sugar level, he or she must take whatever simple actions have been recommended by the child's parents or guardians and doctor, such as giving the child some fruit juice if the child's blood sugar level is low. The child's parents or guardians are responsible for providing all appropriate testing equipment, training, and special food necessary for the child.

The Department of Justice's settlement agreements can be found at archive.ADA.gov (see question 26).

Q21. Do we have to help children take off and put on their leg braces and provide similar types of assistance to children with mobility impairments?

A: Generally, yes. Some children with mobility impairments may need assistance in taking off and putting on leg or foot braces during the child care day. As long as doing so would not be so time consuming that other children would have to be left unattended, or so complicated that it can only done by licensed health care professionals, it would be a reasonable modification to provide such assistance.

The Department of Justice's settlement agreements can be found at archive.ADA.gov (see question 26).

Making the Child Care Facility Accessible

Q22. How do I make my child care center's building, playground, and parking lot accessible to people with disabilities?

A: Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.

Tax Provisions

Q24. Are there tax credits or deductions available to help offset the costs associated with complying with the ADA?

A: To assist businesses in complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses.

The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5,000). The tax credit can be used to offset the cost of complying with the ADA, including, but not limited to, undertaking barrier removal and alterations to improve accessibility; provide sign language interpreters; and for purchasing certain adaptive equipment.

The tax deduction is available to all businesses with a maximum deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier removal and alterations.

To order documents about the tax credit and tax deduction provisions, contact the Department of Justice's ADA Information Line (see question 29).

The Department of Justice's Enforcement Efforts

Q26. Has the United States entered into any settlement agreements involving child care centers?

A: The Department has resolved matters with child care centers through formal settlement agreements, which can be found on the Department's website at archive.ADA.gov.

Q27. Has the Department of Justice ever sued a child care center for ADA violations?

Q28. Does the United States ever participate in lawsuits brought by private citizens?

A: Yes. The Department sometimes participates in private suits either by intervention or as amicus curiae-"friend of the court." The Department's amicus briefs for ADA cases archive.ADA.gov/enforcement

Additional Resources

Q29. I still have some general questions about the ADA. Where can I get more information?

A: The Department of Justice operates an ADA Information Line. Information Specialists are available to answer general and technical questions during business hours on the weekdays.

800-514-0301 (Voice) and 1-833-610-1264 (TTY) M-W, F 9:30 a.m. - 12:00 p.m. and 3:00 p.m. - 5:30 p.m., Th 2:30 p.m. - 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. Calls are confidential.

The archive.ADA Home Page, which is updated frequently, contains the Department of Justice's regulations and technical assistance materials, as well as press releases on ADA cases and other issues. Several settlement agreements with child care centers are also available on the Home Page.

There are ten regional centers, which are jointly known as the ADA National Network, that are funded by the National Institute on Disability, Independent Living, and Rehabilitation Research to provide technical assistance under the ADA. One toll-free number connects to the center in your region.

800-949-4232 (voice & TTY)

The Access Board offers technical assistance on the ADA Accessibility Guidelines.

800-872-2253 (voice) 800-993-2822 (TTY)

The Equal Employment Opportunity Commission (EEOC), offers technical assistance on the ADA provisions for employment which apply to businesses with 15 or more employees.

Employment questions 800-669-4000 (voice) 800-669-6820 (TTY)

If you have further questions about child care centers or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 1-833-610-1264 (TTY).

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department's regulations.

This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Note: Reproduction of this document is encouraged.

Originally issued:

Last updated:

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Commonly Asked Questions about Child Care Centers and the Americans with Disabilities Act

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This publication explains how the requirements of the ADA apply to child care centers.

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Designing Environments Training - Continued Learning Opportunity 

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Designing Environments Training - Continued Learning Opportunity 

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This zip file contains presentation materials including training videos and handouts. To view or use these materials without internet access, download Designing Environments 15-minute In-service Suite in advance. Please ensure your browser is updated to the newest version available. If you have difficulty downloading this file, try using a different browser.

For more information, please contact us at ecdtl at ecetta dot info or call (toll-free) 844-261-3752.

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This zip file contains presentation materials including training videos and handouts. To view or use these materials without internet access, download Designing Environments 15-minute In-service Suite in advance. Please ensure your browser is updated to the newest version available. If you have difficulty downloading this file, try using a different browser.

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More FREE Trainings from us at YoungStar Connect

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More FREE Trainings from us at YoungStar Connect

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2908 Marketplace DriveSuite 103Fitchburg, WI 53719

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Wayfinder - helping navigate the disability and delay system in Wisconsin

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Wayfinder - helping navigate the disability and delay system in Wisconsin

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Learn more about how to find trusted information and resources for children with special health care needs in this video. Wisconsin Wayfinder connects parents, caregivers, and professionals with free, confidential, and personalized support.

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Get help finding supports and services for children with delays, disabilities, special health care needs, and mental health conditions.

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Affirmations Part 1 - Believe In Yourself | Doggyland Kids Songs & Nursery Rhymes by Snoop Dogg

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Create a culture of safety where children can come to an adult whenever needed. Even have a buddy system if they don't feel safe bringing up an issue, where a friend can bring it up if they need help.

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Remember facts about children, what they like.

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Books and posters about culture in the classroom.

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Have conversation about people visiting family, other countries, etc.

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Modeling with Language - Mistakes are ok

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Modeling with Language - Mistakes are ok

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"Oh no, Ms. Nichole made a mess, thats okay we can clean it up!"

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Make a Mistake and Have Children Help You Resolve It 

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Make a Mistake and Have Children Help You Resolve It 

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When we learned to put coats on I start off putting my coat on upside down or inside out and they help me figure it out

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Slow down ; work more carefully to make a picture..enjoy the end product..

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Calm down corner with breathing practice activities, fidgets, a pinwheel to make deep breathing FUN

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We have classroom diagram that helps us to describe what we might be feeling

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Books about emotions, things children can squeeze, and sensory bottles

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Conscious Discipline is a trauma based curriculum. We have safe spaces in our classrooms, we have feeling buddies in the classroom, we wish well to students that are absent and promote breathing practices for calming.

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Pyramid is a framework for supporting social and emotional learning (similar to Conscious Discipline)

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We have the children look in a hand mirror to show us with their face how they are feeling

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Make a day when everyone can show a talent to the group

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For example when potty training - and a child goes on the potty - everyone cheers

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We have regular conversations at pick up, and we have daily sheets that we use if we need a sit down or more formal meeting