Plant City day care settles allegations over ADA violation involving child with Down syndrome

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Gregory W. Kehoe, U.S. Attorney for the Middle District of Florida | Department of Justice

Plant City day care settles allegations over ADA violation involving child with Down syndrome

A day care center in Plant City, Florida, has reached a settlement with the United States Attorney’s Office for the Middle District of Florida after being accused of violating the Americans with Disabilities Act (ADA). The agreement comes after Autumn Leaf Academy allegedly refused to enroll a child with Down syndrome who uses a gastronomy tube for feeding.

The investigation began when the parents of the child filed a complaint in November 2022. According to findings from the U.S. Attorney’s Office, Autumn Leaf Academy denied enrollment based on eligibility criteria that excluded the child due to her disability and did not make reasonable modifications as required by law.

As part of the settlement, Autumn Leaf Academy is required to implement and enforce a non-discrimination policy concerning disabilities and post it on its website. The center must also provide ADA-related training for all staff, appoint a compliance monitor, submit regular compliance reports to federal authorities, report any future complaints related to disability discrimination, and pay $2,000 in compensatory damages to the affected family.

"This case was handled by Assistant United States Attorney Alexandra N. Karahalios."

Title III of the ADA requires public accommodations such as private day care centers not to discriminate against individuals with disabilities. The law prohibits imposing eligibility criteria that would exclude people with disabilities and mandates reasonable policy modifications so they can access services. It also protects individuals associated with someone who has a known disability.

The U.S. Attorney’s Office encourages anyone who believes they have experienced discrimination under Title III of the ADA to contact its Civil Rights Unit or complete an online complaint form at https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Department of Justice provides additional information about ADA requirements at www.ada.gov and operates an information line for questions regarding accessibility issues.

Ensuring that day care centers do not discriminate against children with disabilities is considered an issue of general public importance by federal authorities.