Chapter 5 Activity

Description

For the purpose of this assignment, please refer to the PDFAfter reading about ADA legislation and its application to the early childhood setting – please respond to the following questions in your assignment. See the survey attached. How many did you get wrong? Which ones?If you missed none – describe your previous experience with learning about ADA legislation and why you believe these laws are/are not appropriate to the early childcare setting. Provide three examples of how you think an early childcare setting provides quality health and development needs to young children with disabilities (use your textbook and the supplementary reading as a guide).If you missed a few (less than 5) – describe your previous experience with learning about ADA legislation and why you think you missed the ones you did. Were you surprised by the correct response? Why? Discuss whether you believe these laws are/are not appropriate to the early childcare setting. Provide two examples of how you think an early childcare setting provides quality health and development needs to young children with disabilities (use your textbook and the supplementary reading as a guide).If you missed a bunch (5 or more) – describe your previous experience with learning about ADA legislation and why you think you missed the ones you did. Were you surprised by the correct responses? Why? Discuss whether you believe these laws are/are not appropriate to the early childcare setting. Provide one example of how you think an early childcare setting provides quality health and development needs to young children with disabilities

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Commonly Asked Questions About Child Care and the ADA
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http://www.ada.gov/childq&a.htm
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
COMMONLY ASKED QUESTIONS ABOUT CHILD CARE
CENTERS AND THE AMERICANS WITH DISABILITIES ACT
Coverage
1. Q: Does the Americans with Disabilities Act — or “ADA” — 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 call the
Equal Employment Opportunity Commission (see question 30).
2. Q: 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
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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
3. Q: 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.
4. Q: 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
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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.
5. Q: My insurance company says it will raise our rates if we accept children with disabilities. Do I still
have to admit them into my program?
A: Yes. Higher insurance rates are not a valid reason for excluding children with disabilities
from a child care program. The extra cost should be treated as overhead and divided equally
among all paying customers.
6. Q: Our center is full and we have a waiting list. Do we have to accept children with disabilities ahead
of others?
A: No. Title III does not require providers to take children with disabilities out of turn.
7. Q: 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 significant mental retardation 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 though 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.
8. Q: What about children whose presence is dangerous to others? Do we have to take them, too?
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http://www.ada.gov/childq&a.htm
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.
9. Q: 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.
10. Q: 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.
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11. Q: We have a “no pets” policy. Do I have to allow a child with a disability to bring a service animal,
such as a seeing eye 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.
12. Q: If an older child has delayed speech or developmental disabilities, can we place that child in the
infant or toddler room?
A: Generally, no. Under most circumstances, children with disabilities must be placed in their
age-appropriate classroom, unless the parents or guardians agree otherwise.
13. Q: Can I charge the parents for special services provided to a child with a disability, provided that
the charges are reasonable?
A: It depends. If the service is required by the ADA, you cannot impose a surcharge for it. It is
only if you go beyond what is required by law that you can charge for those services. For
instance, if a child requires complicated medical procedures that can only be done by licensed
medical personnel, and the center does not normally have such personnel on staff, the center
would not be required to provide the medical services under the ADA. If the center chooses to go
beyond its legal obligation and provide the services, it may charge the parents or guardians
accordingly. On the other hand, if a center is asked to do simple procedures that are required by
the ADA — such as finger-prick blood glucose tests for children with diabetes (see question 20)
— it cannot charge the parents extra for those services. To help offset the costs of actions or
services that are required by the ADA, including but not limited to architectural barrier removal,
providing sign language interpreters, or purchasing adaptive equipment, some tax credits and
deductions may be available (see question 24).
Personal Services
14. Q: Our center has a policy that we will not give medication to any child. Can I refuse to give
medication to a child with a disability?
A: No. In some circumstances, it may be necessary to give medication to a child with a disability
in order to make a program accessible to that child. While some state laws may differ, generally
speaking, as long as reasonable care is used in following the doctors’ and parents’ or guardians
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written instructions about administering medication, centers should not be held liable for any
resulting problems. Providers, parents, and guardians are urged to consult professionals in their
state whenever liability questions arise.
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.
Issues Regarding Specific Disabilities
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17. Q: Can we exclude children with HIV or AIDS from our program to protect other children and
employees?
A: No. Centers cannot exclude a child solely because he has HIV or AIDS. According to the vast
weight of scientific authority, HIV/AIDS cannot be easily transmitted during the types of
incidental contact that take place in child care centers. Children with HIV or AIDS generally can
be safely integrated into all activities of a child care program. Universal precautions, such as
wearing latex gloves, should be used whenever caregivers come into contact with children’s
blood or bodily fluids, such as when they are cleansing and bandaging playground wounds. This
applies to the care of all children, whether or not they are known to have disabilities.
18. Q: Must we admit children with mental retardation and include them in all center activities?
A: Centers cannot generally exclude a child just because he or she has mental retardation. The
center must take reasonable steps to integrate that child into every activity provided to others. If
other children are included in group sings or on playground expeditions, children with
disabilities should be included as well. Segregating children with disabilities is not acceptable
under the ADA.
19. Q: 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 agreement with La Petite Academy addresses this issue
and others (see question 26).
20. Q: 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-torecognize 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
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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 with KinderCare and La Petite Academy
address this issue and others (see question 26).
21. Q: 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 agreement with the Sunshine Child Center of Gillett,
Wisconsin, addresses this issue and others (see question 26).
Making the Child Care Facility Accessible
22. Q: 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.
23. Q: We are going to build a new facility. What architectural standards do we have to follow to make
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sure that our facility is accessible to people with disabilities?
A: Newly constructed privately-run child care centers — those designed and constructed for first
occupancy after January 26, 1993 — must be readily accessible to and usable by individuals with
disabilities. This means that they must be built in strict compliance with the ADA Standards for
Accessible Design. New centers run by government agencies must meet either the ADA
Standards or the Uniform Federal Accessibility Standards.
Tax Provisions
24. Q: 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 30).
The Department of Justice’s Enforcement Efforts
25. Q: What is the Department of Justice’s enforcement philosophy regarding title III of the ADA?
A: Whenever the Department receives a complaint or is asked to join an on-going lawsuit, it first
investigates the allegations and tries to resolve them through informal or formal settlements. The
vast majority of complaints are resolved voluntarily through these efforts. If voluntary
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compliance is not forthcoming, the Department may have to litigate and seek injunctive relief,
damages for aggrieved individuals, and civil penalties.
26. Q: Has the United States entered into any settlement agreements involving child care centers?
A: The Department has resolved three matters through formal settlement agreements with the
Sunshine Child Center, KinderCare Learning Centers, and La Petite Academy.
In the first agreement, Sunshine Child Center in Gillett, Wisconsin, agreed to: (1) provide
diapering services to children who, because of their disabilities, require diapering more often or
at a later age than nondisabled children; (2) put on and remove the complainant’s leg braces as
necessary; (3) ensure that the complainant is not unnecessarily segregated from her
age-appropriate classroom; (4) engage in readily achievable barrier removal to its existing
facility; and (5) design and construct its new facility (planned independently of the Department’s
investigation) in a manner that is accessible to persons with disabilities.
In 1996, the Department of Justice entered into a settlement agreement with KinderCare
Learning Centers — the largest chain of child care centers in the country — under which
KinderCare agreed to provide appropriate care for children with diabetes, including providing
finger-prick blood glucose tests. In 1997, La Petite Academy — the second-largest chain -agreed to follow the same procedures.
In its 1997 settlement agreement with the Department of Justice, La Petite Academy also agreed
to keep epinephrine on hand to administer to children who have severe and possibly
life-threatening allergy attacks due to exposure to certain foods or bee stings and to make
changes to some of its programs so that children with cerebral palsy can participate.
The settlement agreements and their attachments, including a waiver of liability form and parent
and physician authorization form, can be obtained by calling the Department’s ADA Information
Line or through the Internet (see question 30). Child care centers and parents or guardians should
consult a lawyer in their home state to determine whether any changes need to be made before
the documents are used.
27. Q: Has the Department of Justice ever sued a child care center for ADA violations?
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A: Yes. On June 30, 1997, the United States filed lawsuits against three child care providers for
refusing to enroll a four-year-old child because he has HIV. See United States v. Happy Time
Day Care Center, (W.D. Wisc.); United States v. Kiddie Ranch, (W.D. Wisc.); and United
States v. ABC Nursery, Inc. (W.D. Wisc.).
28. Q: 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.” One suit in which the United States participated was
brought by a disability rights group against KinderCare Learning Centers. The United States
supported the plaintiff’s position that KinderCare had to make its program accessible to a boy
with multiple disabilities including mental retardation. The litigation resulted in KinderCare’s
agreement to develop a model policy to allow the child to attend one of its centers with a statefunded personal assistant.
Additional Resources
29. Q: Are there any reference books or video tapes that might help me further understand the
obligations of child care providers under title III?
A: Through a grant from the Department of Justice, The Arc published All Kids Count: Child
Care and the ADA, which addresses the ADA’s obligations of child care providers. Copies are
available for a nominal fee by calling The Arc’s National Headquarters in Arlington, Texas:
800-433-5255 (voice)
800-855-1155 (TDD)
Under a grant provided by the Department of Justice, Eastern Washington University (EWU)
produced eight 5-7 minute videotapes and eight accompanying booklets on the ADA and child
care providers. The videos cover different ADA issues related to child care and can be purchased
as a set or individually by contacting the EWU at:
509-623-4246 (voice)
TDD: use relay service
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30. Q: 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. The
Information Line also provides 24-hour automated service for ordering ADA materials and an
automated fax back system that delivers technical assistance materials to fax machines or
modems.
800-514-0301 (voice)
800-514-0383 (TDD)
The 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.
www.usdoj.gov/crt/ada/index.html
The Department of Justice also operates an ADA Electronic Bulletin Board, on which a wide
variety of information and documents are available.
202-514-6193 (by computer modem)
There are ten regional Disability and Business Technical Assistance Centers, or DBTAC’s, that
are funded by the Department of Education to provide technical assistance under the ADA. One
toll-free number connects to the center in your region.
800-949-4232 (voice & TDD)
The Access Board offers technical assistance on the ADA Accessibility Guidelines.
800-872-2253 (voice)
800-993-2822 (TDD)
Electronic Bulletin Board
202-272-5448
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The Equal Employment Opportunity Commission, or 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 (TDD)
Employment documents
800-669-3362 (voice)
800-800-3302 (TDD)
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 800-514-0383 (TDD).
Note: Reproduction of this document is encouraged.
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Session: Resources and Relationships
Participant Guide
The ADA and Child Care Settings
Read the following statements and indicate by marking “T” for true if you believe the
statement is true and “F” for false if you believe the statement to be false.
__ 1. Private child care centers that operate in a church setting are not required to comply
with Title Ill of the ADA. (Question 2)
__ 2. Child care centers may exclude a child with a disability from their setting if the child
poses a direct threat to the safety of other children. (Question 8)
__ 3. Child care directors may exclude a child from their setting if they believe the that they
cannot meet the child’s needs based on their disability. (Question 3 & 4)
__ 4. Child care centers who have a no diapering policy can exclude children with disabilities
who are wearing diapers from their setting. (Questions 15 & 16)
__ 5. An older child with delayed speech can be placed in a room with younger children.
(Question 12)
__ 6. A child with mental retardation must be ineluded in all center activities. (Question 18)
__ 7. When child care settings make renovations to their building they must comply with the
ADA guidelines. (Question 3)
__ 8. Child care centers that have a waiting list must accept children with disabilities ahead of
non-disabled children. (Question 6)
__ 9. Child care centers that have a no medication policy must administer medication to
children with disabilities if they require the medication in order to participate in the program.
(Question 14)
__ 10. Child care centers must make reasonable accommodations for parents who have
disabilities. {Question 10)
(From U.S. l)(zpartment of Justice Civil Rights Division Disability Rights Stzction �.usdoj.gov/crt/ada/o.dahoml .htm)
Philadelphia Inclusion Network a program of
Child and Family Studies Research Programs at
Thomas Jefferson University
Resources – 13

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