ADA News: New Jersey Childcare Provider Fined by the U.S. Department of Justice

December 5, 2019

A New Jersey childcare provider was fined $30,000 by the U.S. Department of Justice after it kicked out a girl with Down Syndrome because she had not attained full potty-trained status by age 3.  This dispute is a perfect example of the requirement to make reasonable modifications, including changes to rules and policies, that would permit a person with a disability to participate in the program.  

“With this agreement, we ensure that children with disabilities attending SEI’s daycare facilities in New Jersey and across the United States receive the protection to which they are entitled under the law," U.S. Attorney Carpenito said in a statement.

The moral to the story?  Don’t let blind adherence to an age or policy leave you and your agency violating the Americans with Disabilities Act.  Click here to read an NBC News article on the story.  In addition, the US DOJ settlement can be found here.