United States Reaches Settlement Agreement to Make Daycare Program Accessible for Children With Disabilities

ATLANTA - The United States Attorney's Office for the Northern District of Georgia has entered into a settlement agreement with Smarter Kids Child Care ("Smarter Kids") located in Smyrna, Georgia, to resolve allegations that Smarter Kids violated the Americans with Disabilities Act ("ADA") by denying a child an opportunity to participate in its daycare program on the basis of his autism.

"Access to childcare is essential for all parents, including those parents raising children with disabilities" said U.S. Attorney Ryan K. Buchanan. "Children with disabilities deserve equal opportunities to participate in daycare programs, and my office looks forward to working with Smarter Kids to ensure it meets this critical obligation."

Title III of the ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, and privileges of any place of public accommodation. Smarter Kids is a private entity that operates childcare facilities that are places of "public accommodation" within the meaning of Title III of the ADA.

Based on the agreement, Smarter Kids will adopt a non-discrimination policy to ensure ADA compliance. Smarter Kids will also provide mandatory training for all employees who consider requests for reasonable accommodations or make enrollment decisions. Additionally, Smarter Kids will pay $7,000 in compensation to the complainant and $1,000 to the United States as a civil penalty.

The case is being handled by Assistant U.S. Attorney Rahul Garabadu and Senior Civil Investigator Tamara Jones.

For further information please contact the U.S. Attorney's Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney's Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Settlement Agreement: