Justice Department Settles Discrimination Complaint Against After-School Child-Care Provider

Group Of Young Children Hanging Out In Playground

October 10, 2017

The Justice Department reached an agreement with Bar-T Year Round Programs for Kids (Bar-T), located in Montgomery County, Maryland, to remedy alleged violations of the Americans with Disabilities Act (ADA). Title III of the ADA prohibits public accommodations, including child care centers, from discriminating against individuals with disabilities and those associated with them.

The department investigated whether Bar-T discriminated against a student with a disability, specifically Autism Spectrum Disorder (ASD), and her parents when it expelled the student on the basis of behaviors associated with ASD, without properly considering whether Bar-T staff could implement reasonable modifications to permit the student to remain enrolled.

The settlement agreement requires Bar-T to adopt a nondiscrimination policy; designate staff at each operating location to address ADA issues; implement a process for parents or guardians of children with disabilities to request reasonable modifications and for Bar-T to conduct an individualized assessment of each request; provide ADA training to staff; and report on compliance with the agreement. Bar-T will also pay $13,500 in compensatory damages to the student and her parents.

Bar-T is the largest provider of before and after school programs in Montgomery County, operating at approximately 30 Montgomery County public school locations.

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