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Fort Wayne Indiana Daycare to pay $20,000 in discrimination settlement
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Settlement reached in disability case
According to the October 20, 2009 issue of the Journal Gazette of Fort Wayne, Indiana, a Fort Wayne child care owes a local family and the federal government $20,000 total as part of a settlement in a case alleging violations of the Americans with Disabilities Act.
In 2007, David and Amy Nugent filed a complaint with the U.S. Department of Justice against Pine Hills Kiddie Garden, which has three locations in Allen County, alleging the center refused to allow their daughter to participate in summer program field trips unless accompanied by a parent or a medically trained professional.
Their then-6-year-old daughter suffers from Type I diabetes.
Pine Hills admitted initially providing David Nugent with a letter outlining those options but later provided other options, saying that the issue was more related to a peanut allergy than the girl's diabetes, according to federal documents.
But now, as a result of the complaint and subsequent investigation, Pine Hills agrees to evaluate all children with diabetes and make reasonable accommodations for their condition, which could include supervising and monitoring children while using blood glucose tests, according to settlement documents.
The child care center will also provide training to its staff, according to the documents.
Parents of children with diabetes will also have responsibilities under the terms of the settlement - they will need to provide Pine Hill with a completed medical management plan, signed by the child's doctor; a completed physical exam form; and information regarding all equipment, food and substances not provided by the child care that are necessary to meet the medical management plan.
"Parents of children with Type I diabetes deserve the comfort of knowing that their children will not be subjected to discrimination because of their illness. A day care center is required to evaluate and make reasonable modifications for children with diabetes," said Thomas E. Perez, assistant attorney general for the Civil Rights Division. "We commend Pine Hills Kiddie Garden for working cooperatively with the Department on today's settlement, which will ensure equal opportunity for children with diabetes in the day care center."
Pine Hills agreed to pay the Nugents $10,000 in compensatory damages and an additional $10,000 to the Department of Justice in civil penalties.
In a written statement, Pine Hills' Colorado-based owner, Beverly Eagle, said the center willingly adopted the Department of Justice's "cutting edge policies and immediately implemented them."
"Pine Hills is pleased to announce this swift resolution and is excited to continue its focus on providing quality care for all children in its ministry," Eagle said.
This represents a significant victory for parents with disabled children.
