What is the Americans With Disabilities Act (ADA), and How Does it Apply to Head Start Programs?
by Jean P. Clarkson, Research Information Specialist, Great Lakes RAP, Champaign, Illinois
The Americans with Disabilities Act (ADA) became effective in 1992. The purpose of the ADA is to end discrimination for people with disabilities and to remove barriers that have prevented their full inclusion in American society. This goal of inclusion is congruent with Head Start's efforts to enroll children with disabilities in their early childhood programs and offer a promise of increased opportunity for all people, especially for those with disabilities.
Is the ADA applicable to Head Start programs in all States?
Yes. The ADA is a Federal law and applicable in all States. Churches, Indian Tribes, private clubs, and employers with fewer than 25 current employees (or 15 employees as of July, 1994) are exempt from the ADA. However, Title V of the Rehabilitation Act of 1973 prohibits all recipients of Federal funds, including Head Start programs, from discrimination in services and employment on the basis of disability.
What benefits will the ADA have for our Head Start children?
The ADA means good things for Head Start children with disabilities. Families who have children with disabilities will be able to take them to places that may previously have been inaccessible such as parks, malls, movie theaters, libraries, agencies, and daycare centers. There will be more employment opportunities for children with disabilities when they grow up. More people with disabilities will be in the workforce because there will be good role models for children with disabilities. More efforts will be made to include people with disabilities in all parts of community activities in government, transportation, recreation, education, the workplace, and health care facilities.
What changes should Head Start programs make to comply with the ADA?
Head Start programs are legally responsible for compliance with the requirements of the Employment Provisions of Title I and the Program Accessibility requirements of Title III. A policy statement indicating each Head Start's commitment to the spirit of the ADA is recommended. All employment practices and procedures should be reviewed by a lawyer or experts on the ADA to ensure that there are no discriminatory practices. Head Start facilities need to be reviewed to identify accessibility bafflers and find solutions to eliminate them. Although not legally mandated to do so, it would be a good management practice to develop a long-term ADA compliance plan.
Where can Head Start programs get assistance in understanding their obligations and making changes to comply with the ADA?
A network of Disability and Business Technical Assistance Centers has been established to provide information, materials, and technical assistance on the ADA. Contact them at 800-949-4ADA (V/TDD) for assistance. RAP staff can also provide information. The Equal Employment Opportunity Commission (202-663- 4900 V; 800-800-3302 TDD) is responsible for the enforcement of Title I. The Department of Justice (202- 514-0301 V; 202-514-0381 TDD) is responsible for the enforcement of Title III. There can be substantial financial penalties for failure to comply with the ADA; therefore Head Start programs are encouraged to learn more about this law and its implications, both because it supports Head Start's philosophy of inclusion and because it is a good management practice.