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Section 504 of the Rehabilitation Act of 1973/Title II of the Americans with Disabilities Act of 1990: Evesham Township School District (Marlton, NJ); OCR Complaint No. 02-11-1072:

The Evesham Township School District (the District) agreed to resolve a complaint alleging that the District violated Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.  The complainants alleged that the District discriminated against their daughter by requiring that they pay the costs for a one-to-one aide and behaviorist in order for the Student to attend the District’s after school child care program, the Evesham Child Care (ECC) program.  OCR determined that the ECC program provides child care services for children in kindergarten through fifth grade at all elementary schools within the District.  OCR determined that the District notified the complainants that the Student could enroll in the ECC program, provided the complainant pay the regular daily tuition rate, as well as the costs of a 1:1 aide and a behaviorist for the Student.  OCR policy provides that parents of children with disabilities may not be required to provide their own aides and babysitters to care for their children, where the parents of nondisabled children are not subject to the same requirements; and parents of children with disabilities may not be charged more than the parents of nondisabled children are charged for their children's participation in the program.  Pursuant to OCR policy, providing additional supervision in a daycare program, such as a one-to-one aide, will not ordinarily change the fundamental nature of a program that is designed to provide supervision for children.  The District asserted that it would be an undue financial burden on the ECC to provide and pay for the cost of the Student’s one-on-one aide.  OCR found no evidence that the District conducted the type of inquiry or analysis required by the regulation in determining whether providing the Student with an aide and a behaviorist constituted an undue financial burden.  Even assuming that the District’s projected cost of $39.29 per day for an aide and $50.00 per hour for a behaviorist for the Student is accurate, it represents an insignificant portion of the District’s over $72 million budget.  The District agreed to reimburse parents/guardians who paid for the provision of aids and/or services required for a disabled child to participate in the ECC program for school years 2009-2010 and 2010-2011.  The District also agreed to revise its practices to ensure that children with disabilities who require aids and/or services in order to participate in the ECC program are not denied admission because they require these aids and/or services, and will not be charged for these aids and/or services.
Read the Resolution Letter. download files PDF (95K) | Read the Resolution Agreement. download files PDF (37K)

Last Modified: 01/15/2020