The Camelot Child Development Center, LLC provides childcare services in Oklahoma for infants, toddlers, and school-aged children. The Center is covered by Title III of the ADA, as are private schools. Title III prohibits discrimination against individuals based on their disability.
The student in question in this matter was a school-aged girl who has Downs Syndrome. Complications from her disability include difficulties with going to the bathroom. She needs to be reminded to go, needs to be accompanied, and she requires assistance. She also wore "Pull Ups," which are diaper-like underpants in case of emergencies. The Center assured the girl's mother that they had similarly-disabled students before and would be able to assist with her toileting needs.
The girl began at the Center in January 2012, and by the following month, the Center was calling the girl's mother complaining that she arrived from school with wet Pull Ups that needed to be changed. They told the mother she may have to come to the Center to change her, though they never followed through on that request. They also told the mother that Spring that her daughter could not go on a group field trip due to her need for toileting assistance. She was also barred from all summer field trips, requiring the mother to make alternate child care arrangements. The mother was charged the same tuition as all other families and was not given any discount even though her daughter could not go on any trips.
The settlement agreement notes that the Center discriminated against this family by failing to make reasonable accommodations and denying full and equal participation in the Center's services. A reasonable modification may include providing personal services, such as toileting assistance or diapering, for children who need it due to a disability, regardless of their age. The Center was fully equipped to provide such services, as it cared for infants and toddlers who required diaper changes and help in the bathroom.
The Center agreed to adopt and maintain a non-discrimination statement and provide training regarding Title III of the ADA to all employees. The family in question also received $3,000 as well as one year of free child care services. The girl will be allowed to attend field trips after analyzing each trip and available reasonable accommodations on a case by case basis, as opposed to a blanket prohibition.
Settlement Agreement between the United States of America and Camelot Child Development Center, DJ# 202-60-92