Fleming Island Childcare Center Settles Claim To Improve Access To Daycare Services For Children With Disabilities

Ocala, FL - United States Attorney Roger B. Handberg announces that the United States Attorney's Office for the Middle District of Florida has reached an agreement with Imagination Island of Fleming Island, Inc., a daycare center that provides childcare services for children ages six weeks old to pre-kindergarten-age, to settle allegations that its daycare violated Title III of the Americans with Disabilities Act (ADA) by terminating the enrollment of a child because he was diagnosed with epilepsy.

The U.S. Attorney's Office opened an investigation into Imagination Island after receiving a complaint from the parents of a three-year-old child alleging that Imagination Island terminated the enrollment of their son in October 2023 because the child has epilepsy. According to the settlement agreement, the investigation revealed that the child had been attending Imagination Island for almost five months. In early October 2023, the child had a seizure while at home, after which he was diagnosed with epilepsy. Complainants called Imagination Island and spoke with a staff member to inform the daycare center of their son's seizure and diagnosis. The parents attempted to speak with the director of Imagination Island regarding their son's diagnosis and an emergency action plan, but the director was unavailable. The parents later received an email from the director informing them that their son could not return to Imagination Island because, "based on the diagnosis[,] we are neither equipped [n]or certified to have him attend school with his condition." As a result, the parents were forced to care for their son fulltime while they sought new childcare, causing them to alter their work schedules, take leave from work, and ultimately incur unforeseen costs to enroll him at a new daycare facility.

As a result of the investigation, the United States determined that Imagination Island violated Title III of the ADA when it discriminated against the complainants and their son because of his epilepsy by denying him the opportunity to participate in and benefit from its services. Specifically, Imagination Island applied eligibility criteria that screened out the child and failed and refused to make the reasonable modifications to its policies, practices, or procedures that were necessary to afford him its services. Imagination Island denies the allegations of the complaint and that it violated the ADA.

Under the terms of the settlement agreement, Imagination Island must: adopt, maintain, and enforce a non-discrimination policy regarding the prohibition of discrimination on the basis of disability, and post such policy on its website; adopt, maintain, and enforce an emergency anti-seizure medication administration policy and procedure, which includes a seizure emergency action plan; require all employees to complete annual training on epilepsy seizures and the administration of diazepam rectal gel (Diastat); provide training to all employees on all policies, practices, and procedures required under the settlement agreement, as well as the non-discrimination requirements under Title III of the ADA; designate and maintain a compliance monitor to ensure Imagination Island complies with the terms of the settlement agreement; submit regular compliance reports to the United States; report any complaints received alleging Imagination Island discriminated on the basis of disability to the United States; and pay the Complainants $4,000 in compensatory damages.

This case was handled by Assistant United States Attorney Alexandra N. Karahalios, in coordination with the Disability Rights Section of the United States Department of Justice, Civil Rights Division.

Title III of the ADA prohibits public accommodations, including private day care centers, from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations ("goods or services"). In general, Title III prohibits public accommodations from subjecting an individual on the basis of disability to a denial of the opportunity to participate in or benefit from its goods or services. Specifically, a public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods or services being offered. A public accommodation must make reasonable modifications in policies, practices, or procedures necessary to afford an individual with a disability the goods or services of the public accommodation. Title III also prohibits public accommodations from discriminating against an individual because of the known disability of an individual with whom the individual is known to have a relationship or association, such as the parents of a child with a disability.

Individuals who believe they may have been victims of discrimination may contact the Civil Rights Unit of the U.S. Attorney's Office for the Middle District of Florida by calling our Civil Rights Hotline at (813) 274-6095 or emailing us at [email protected]. To fill out our civil rights complaint form, please visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. Ensuring that day care centers do not discriminate against children with disabilities is an issue of general public importance.

For more information on the ADA, visit www.ada.gov or call the Department of Justice's toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.