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Applying the Americans with Disabilities Act in Child Care Settings

By Marcia Henry & Ava Yajima

The Americans with Disabilities Act protects all persons with disabilities from discrimination by government programs, employers, and "public accommodations." Child care providers, being within the law's definition of public accommodation, may not automatically exclude a child with a disability from their program. The Act allows for exclusion only if, given the child's individual needs, the program cannot reasonably accommodate the child.

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