There are numerous laws that protect kids with disabilities in California.
Americans with Disabilities Act (ADA)
Title III of the Federal Americans with Disabilities Act (ADA) makes it illegal for public accommodations, including child care providers, to discriminate against children with disabilities.
Title II of the ADA makes it illegal for any public entity, including the California Department of Social Services Child Care Licensing Program or the California Department of Education, to discriminate against any qualified individual with a disability.
California Disabled Persons Act (CDPA)
The California Disabled Persons Act (CDPA), Civil Code sections 54 et seq., asserts the equal right of individuals with disabilities or medical conditions “to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places.”
It prohibits discrimination against children with disabilities under standards similar to, and in some cases stronger than, those that the ADA imposes. Failure by a child care program to meet the requirements of the ADA, is also a violation of this state law. (Cal. Civ. Code § 54(c).)
Unruh Civil Rights Act
California‘s Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seq. prohibits discrimination by business establishments of every kind whatsoever, including child care providers, against all Californians no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.
The law imposes disability anti-discrimination standards similar to, and in some cases stronger than, those that the ADA imposes. Failure by a child care program to meet the requirements of the ADA, is also a violation of the Unruh Civil Rights Act. (Cal. Civ. Code §§ 51(f).)
