State of New Jersey Department of Human Services

1 State of New JerseyDepartment of Human ServicesOffice of Early Care and EducationIntroductionThe question of WHY achild with special needsshould be included inafterschool programs iseasy to answer. First, it sthe law. Second, allchildren, staff and familiesbenefit from programs thatpromote a philosophy ofinclusion rather thansegregation. The question of HOW a child with disabilities isincluded is not so easy to answer, especially with afterschoolprograms that have different missions, obligations, funding,regulations and managing agencies. The information in this publication will help explain the lawsthat impact afterschool programs and make clearer theirvarying responsibilities.

2 Examples of real life situations andsuggestions for best practices are included throughout thebooklet to provide actual observations on how to betterarrange and provide accommodations. A Resource Page onfederal and State education, civil rights laws and afterschoolchild care is also provided to assist you with finding additionalinformation and Services . Actually, there is no magic formula that you can apply in everysituation with every child. This guide is intended to give youinformation to start a dialogue in your community for puttingthe pieces together, which can result in successful inclusivepractices in afterschool of success!

3 The MAP to Inclusive Child Care TeamDefinitionFor the purposes of this guide, afterschool programs refer to supervised, multi-activity programs that operateon a regular daily basis and serve six or morechildren/youth when school is not in session ( , beforeschool, afterschool, school holidays and summer).Table of ContentsAfterschool programs and the law ..1 Who is responsible for what? ..4 Public school operated/funded school operated programs ..7 Children in segregated school settings ..8 How can support for afterschool programs be included in IEP/IHP/504 Plans? ..12 What kind of accommodations are required in afterschool programs?

4 14 What about summer programs? .. , and Commonly Asked Questions About ChildCare and the ADA), or call 800 - 514 - 0301 (voice) torequest their document entitled Fax #3209. Public entities are subject to Title II of the ADA. Publicentities include any State or local government and any ofits departments or agencies, including public schools. Theprivate entities, like child care centers, are consideredplaces of public accommodation and are subject to TitleIII of the ADA. In many situations, however, public entitieshave a close relationship to private entities that arecovered by Title III, with the result that certain activitiesmay be at least indirectly affected by both titles.

5 In fact,both titles apply to an afterschool program s interactionswith the children, parents, guardians, and potentialcustomers that it is Section 504 of the Rehabilitation Act of 1973? Section 504 requires all public schools to providereasonable accommodations to students with disabilities,and provides rights for some students with disabilitieseven if they are not classified as requiring specialeducation under Individuals with Disabilities EducationAct or other laws. The New Jersey Department ofEducation provides mediation and an administrativehearing process to resolve disputes that arise with respectto issues concerning Section is the Individuals with Disabilities Education Act(IDEA)?

6 IDEA is a federal law that provides each eligible childaged 3 - 21 the right to a free and appropriate educationin the least restrictive environment possible. Publicschools and service providers contracting with publicAfterschool Programs and the LawThe Americans with Disabilities Act, Section 504 of theRehabilitation Act of 1973 and the New Jersey LawAgainst Discrimination prohibit child care programs(including afterschool programs located in public schools)from discriminating against a child with disabilities bydenying admission based on disability or by denying arequest for reasonable accommodations without makingan individualized assessment of a child s particular afterschool programs are considered places ofpublic accommodation under the law.

7 The exception isprograms run by religious entities that do not accept anystate or federal funding. The law applies to all otherafterschool programs, even if they are exempt does the Americans with Disabilities Act (ADA) applyto afterschool programs? The ADA requires places used by the general public,including most child care centers and private schools andall public schools, to develop a plan for making theirprograms, Services , and facilities accessible to peoplewith disabilities. The ADA prohibits discrimination based on disability andrequires most afterschool programs and schools toprovide reasonable accommodations unless theaccommodation would fundamentally alter the program,pose a direct threat to the child or others, or otherwiseimpose an undue burden on the center or school.

8 For more information about the ADA and child carecenters, see the publications link at (that includes general12schools must take steps to educate children withdisabilities alongside non-disabled peers. No one canautomatically decide that the child must be served in aseparate classroom or school because of a disability thatrequires individualized attention or classroommodifications and does the New Jersey Law Against Discrimination(LAD) apply to afterschool programs?The LAD, :5-1 et seq., makes it unlawful for theowner, operator, or employee of a place of publicaccommodation to discriminate against people withdisabilities.)

9 * This means that places open to the publicmay not treat a person with a disability less favorably thanothers, such as refusing to admit a child to a public placelike a child care center, registered family child care home,or afterschool program because he/she has a disability. In addition to prohibiting differential treatment, the LADalso requires that places of public accommodation takereasonable steps to ensure that a person with a disabilitycan enjoy the goods, Services and facilities that areavailable to the general public. However, since reasonable accommodations (and not a free,appropriate education) are required, a place of publicaccommodation may refuse to provide a particularaccommodation if doing so would cause the providerundue hardship as defined by federal and State law.

10 *Religious organizations are exempt under the LAD unlessthey are required to comply by a contract or is responsible for what?An afterschool program operated or funded by a school orcontracted by a school is clearly, closely connected to theschool district. Therefore, the district (not the individualschool) is responsible for ensuring reasonableaccommodations to include children with special relationship between the school and the afterschoolprogram is often not clear. Simply stated, if an afterschoolprogram is located on school grounds this does not implythat the program is run by the district, or that the district isresponsible for ensuring that the program providesneeded accommodations, even if the program is using thefacilities at no charge.