NONDISCRIMINATION POLICY AND PROCEDURES UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of Title III of the Americans with Disabilities Act of 1990, as amended, Footprints Early Education Center (“FEEC”) will not discriminate against any individual on the basis of disability. FEEC shall not impose or apply any 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 its services and facilities, unless such criteria can be shown to be necessary for the provision of the services being offered. FEEC will make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford its services and facilities to individuals with disabilities, unless FEEC can show that the modifications would fundamentally alter the nature of its services. FEEC will not exclude any individual with a disability from the full and equal enjoyment of its services and facilities, unless the individual poses a direct threat to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. FEEC will not exclude any individual from the full and equal enjoyment of its services and facilities because of the individual’s association with a person with a disability. If FEEC has a website, or portion of a website, that is in a language other than English, this policy will be made available in English and any other language used on FEEC’s website or portion of a website.
Any parent or guardian of a child that needs assistance and/or modifications to FEEC’s programs and services in order to fully participate in FEEC’s programs and services should contact FEEC’s Director, Chih-Yeuan (John) Chang, in writing via email at footprintsearlyeducation@gmail.com. In the event that a parent(s)/guardian(s) discusses a proposed reasonable modification with a teacher or assistant teacher, the teacher or assistant teacher will direct the parent(s)/guardian(s) to email FEEC’s Director to request a reasonable modification. The request does not need to be “formal” (for instance, it need not use the words ”reasonable modification”), however, any request must set forth the name of the child and the child’s particular needs. If a slot is available, FEEC shall hold open a slot for an applicant with a disability while a reasonable modification or accommodation decision is being made.
Upon receiving a request for a reasonable modification or accommodation, FEEC will initiate an interactive process with the parent(s)/guardian(s) to explore what reasonable modification(s) or accommodation(s) may be appropriate pursuant to the Americans with Disabilities Act and equivalent state law. FEEC may consult, as necessary at its discretion, with FEEC’s educators or administrators, with the student’s parent(s)/guardian(s), with experts suggested by the parent(s)/guardian(s), and any expert or experts retained or employed by FEEC, as needed in order to determine whether the student maybe enrolled or may continue to be enrolled with reasonable modification.
When FEEC receives a request for a reasonable modification, FEEC may ask the student’s parent(s)/guardian(s), in writing for the following information:
1. A description from a health care or learning professional of how the student’s impairment may limit his or her participation in FEEC’s programs and services. This description may include: (a) the specific limitation of the student; (b) a description of the duration and severity of the condition; or (c) any modifications to FEEC’s programs and services which the health care or learning professional suggests are necessary to permit the student to participate in FEEC’s programs and services.
2. If one exists, an educational evaluation, such as an Individualized Family Service Plan (“IFSP”), Individualized Education Plan (“IEP”), or other professional evaluation or assessment of the student. However, to the extent that such information is provided, the parent(s)/guardian(s) of the student may redact any sensitive personal information contained therein, including information on the student’s family members (such as medical history or genetic information regarding a student’s sibling(s), parent(s), or guardian(s) as long as that information is unrelated to the core objectives of the IFSP, IEP, or similar plan.
3. A description of the circumstances in which FEEC should notify the parent(s)/guardian(s) of changes in a student’s condition or seek emergency medical attention.
This information shall be shared, on an as-needed basis, only with FEEC staff involved in the reasonable modification determination and who are involved in the implementation of any reasonable modification.
If FEEC believes that it lacks enough information to decide whether it can make reasonable modifications for the student, FEEC will use its best efforts to describe with specificity what additional information it needs and will contact the parent(s)/guardian(s) in writing and request such additional information. FEEC will notify parent(s)/guardian(s) that under routine circumstances, if they provide no further information within fourteen (14) calendar days, FEEC may proceed with its reasonable modification decision without that information. FEEC will provide a response a request for a reasonable modification in writing within seven (7) calendar days of receiving any additional information pursuant to this paragraph.
Except as set forth in the previous paragraph, FEEC will provide a response to a request for a reasonable modification or accommodation in writing within fourteen (14) calendar days from the date the request is received. FEEC may:
1. Grant the request;
2. If FEEC believes that it lacks enough information to decide whether it can make reasonable modifications for the student, FEEC will use its best efforts to describe with specificity what additional information it needs and will contact the parent(s)/guardian(s) in writing and request such information and make a narrowly tailored request for medical documentation relating to the child’s disability and the need for reasonable modification(s) or accommodation(s); or
3. Deny the request, provided that if a request for modification or accommodations is denied, FEEC shall document each reason for the denial of the request and shall immediately notify the child’s parent(s)/guardian(s), in writing, of the reason(s) for the denial.
Failure by a parent or guardian to provide the requested and necessary information about the child may preclude FEEC from conducting its individualized assessment of the child and may result in FEEC not being able to enroll the child. If parents or guardians have any questions or concerns about the process or the information they need to provide in connection with a request for reasonable modification or accommodation, they should contact FEEC’s Director, Chih-Yeuan (John) Chang, via email at footprintsearlyeducation@gmail.com. FEEC is committed to engaging in an interactive process and dialogue with all parent(s)/ guardian(s) who may request a reasonable modification or accommodation for their child.
FEEC will make its individualized assessment of a child and a parent or guardian’s request for reasonable modification or accommodation based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to evaluate the request, and if the request may pose a direct threat to the health or safety of others, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provisions of auxiliary aids will mitigate the risk.
When FEEC is at full capacity, applicants who are still interested, are placed on a waiting list on a first come, first serve basis. If an applicant is placed on the waiting list, FEEC will not conduct an individualized assessment until enrollment space opens up at FEEC.
If you have any questions regarding this policy and procedures, please contact footprintsearlyeducation@gmail.com