“Dis-enrolling” Children with Type 1 Diabetes – DOJ Settles w Child Care Providers

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February 3, 2020 – The Justice Department entered into settlement agreements with two child care providers today. The child care providers failed to reasonably modify their programs to accommodate the needs of young children with Type 1 diabetes and “dis-enrolled” the children because of their disabilities, violating the ADA.

One agreement is with Lil’ Einstein’s Learning Academy (LELA) which operates two child care facilities in Delaware and two in Maryland. The second agreement is with the Community First School Corp. (CFS), which operates a child care facility in Sunnyvale, California.

Terms of the Settlement Agreements

Under the agreements, LELA agreed to pay $25,000 in compensatory damages to the child and her parents and $2,500 in civil penalties. CFS agreed to pay $15,000 to the child and her parents and $2,500 in civil penalties.

In addition, the child care centers agreed to evaluate each request for reasonable modifications on an individualized basis, using objective evidence and current medical standards. They also agreed to to train staff members to help with routine diabetes care — monitoring a continuous glucose monitor, administering Glucagon in emergency situations, and administering insulin by pen, syringe, or pump.

Settlement Agreement Between The United States of America and Lil’ Einstein’s Learning Academy (DJ No. 202-15-82)

Settlement Agreement Between The United States of America and Community First School Corp. (DJ No. 202-11-382)

These settlements resolve allegations that the child care centers discriminated against the children and their parents on the basis of the children’s disabilities soon after each child was diagnosed with Type 1 diabetes.

For more information on the ADA or this agreement, please visit ADA.gov or call the toll-free ADA Information Line at 800-514-0301 (TTY 800-514-0383).

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