Agreement Reached with East Providence Boys & Girls Club to Resolve Allegations of Disability Discrimination

PROVIDENCE, RI - Zachary A. Cunha, United States Attorney for the District of Rhode Island, announced today that the Boys & Girls Club of East Providence, Inc ("EPBGC") resolved allegations that it violated the Americans with Disabilities Act ("ADA") by denying children the opportunity to participate in its Kinder Camp program because of their disabilities.

The settlement resolves a complaint filed by the parent of a child with autism, alleging that EPBGC refused to make reasonable accommodations so that her child could attend Kinder Camp, a free 8-week session summer camp for children registered to start kindergarten at East Providence schools. The United States' investigation determined that during the registration process for Kinder Camp, EPBHC's Education Director asked parents to submit a copy of their child's Individualized Education Plan (IEP). Six parents of registered children submitted their child's IEP to EPBGC, and EPBGC denied admission to five of those six children. One child with an IEP was admitted to Kinder Camp, but only after the parent first explained to EPBGC's Education Director that the child's behaviors had improved after the IEP was written and he would not need accommodations. While there was no formal complaint process, parents of three of the children complained about the denial, and the EPBGC Associate Director reversed those denials. However, the complainant and one other guardian of a child who was denied admission were not aware of an appeal or complaint process, and as a result, their children were unable to attend Kinder Camp and had to seek alternate childcare arrangements for the summer.

"Summer fun is for everyone, and when it comes to summer camp, the ADA is clear that nobody should be left out because of a disability," remarked U.S. Attorney Zachary A. Cunha. "This resolution-our Office's fourth ADA settlement with a local summer camp-should serve as a reminder that this Office will stand up to make sure that children with disabilities have access to the activities and services that the law requires."

Under the terms of the settlement agreement, EPBGC will take certain remedial measures, including:

• Train its staff on the ADA;
• Evaluate the application of each child applying to attend the camp, on a case-by-case basis, and make reasonable modifications to permit children with disabilities to attend;
• Adopt a non-discrimination policy;
• Pay $20,000 in compensation to the aggrieved parents and children; and,
• Report to the United States on its compliance annually for two years.

This is the fourth settlement agreement that the U.S. Attorney's Office has entered into with a camp regarding violations of the ADA. Under the ADA, summer camps, whether private or run by municipalities, must afford reasonable modifications to ensure that children with disabilities can participate fully in camp programs and activities. Camps must evaluate each child on an individual basis and train their staff in the requirements of the ADA. When a parent and a child's physician determine that it is appropriate for a child to self-administer medication or for a trained layperson to assist a child with care, a camp or childcare program must provide this as a reasonable modification under the ADA, unless doing so would fundamentally alter the program.

The United States' case was handled by AUSA Amy Romero.

For more information on the ADA, visit www.ada.gov or call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney's Office at 401-709-5010.

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