Disclaimer: this article is for informational purposes only and is not legal advice. Laws and regulations can change, and every situation is unique. For advice about your specific circumstances, please consult a qualified attorney or legal professional.
Up until July 26, 1990, when the Americans with Disabilities Act was signed into law by President George H. W. Bush, it was still legal to discriminate against someone with a disability. This meant people were legally being denied jobs, school placements, and proper care just because of a disability. In response, people with disabilities, advocates, and allies protested, marched, and pushed tirelessly to demand that people with disabilities receive equal access to opportunities and spaces in public.
As a result of their efforts, the ADA was established to protect people with disabilities from discrimination, segregation, and exclusion in all areas of public life. To learn more about the ADA and to better understand what the ADA covers and how it protects our kids, we spoke with Special Education Attorney Bryan Winn and Civil Rights Attorney Autumn Elliott.
But don’t just take it from us — hear what the kids here at Undivided have to say about the ADA!
The Americans with Disabilities Act is a federal civil rights law that makes it illegal to discriminate against kids or adults with disabilities. But what does this mean exactly? In practice, the ADA recognizes that disabilities can look different for everyone, so it protects children in three main ways:
It covers children whose disabilities affect everyday life, such as learning, communicating, playing, etc.
It protects children who have a history of a disability, even if it’s no longer active.
It also applies to children with visible differences (such as facial scars or body differences) who may be treated unfairly because of them.
You might be thinking, “If my child is ‘covered’ under the ADA, what does that mean?” The ADA is a law (not a program), and it is divided into five different categories (or titles), each focusing on specific areas of public life. All are important pillars in upholding the rights that people with disabilities are entitled to under the ADA.
Title I (Employment): protects against discrimination at work (for employers with 15 or more employees).
Title II (State and Local Government Activities): requires equal access to all government programs, services, and activities.
Title III (Public Accommodations): all businesses open to the public must comply with basic nondiscrimination and ADA building requirements, as well as offer accommodations.
Title IV (Telecommunication Relay Services): makes sure that people who are d/Deaf or hard of hearing or who have speech differences have communication access and accommodations.
Title V (Miscellaneous Provisions): covers all “miscellaneous” matters, such as retaliation or coercion and state immunity, and defines the relationship between the ADA and other laws.
Even with the ADA broken into five titles, understanding what accommodations and protections are covered can still be confusing. If you’re ever unsure about one of these titles or an accommodation, it never hurts to ask the program, the entity, or your community!
The most important thing to remember about the ADA is that your child does not have to “prove” that they have a disability in order to be protected. Whether your child has ADHD, autism, cerebral palsy, diabetes, hearing loss, low vision, epilepsy, intellectual disability, or another condition, the ADA is there to make sure they have the same opportunities as their peers.
1. The right to equal access
Example: a child who uses a wheelchair must be provided with accessible transportation to attend a school field trip.
2. The right to reasonable accommodation
Example: a child with dyslexia must be provided with tools (such as audiobooks or text-to-speech tools) so they can access grade-level content.
3. The right to inclusion
Example: a child with an intellectual disability has the right to attend recess with their peers.
4. The right to effective communication
Example: a child who is d/Deaf or hard of hearing must be provided with assistive listening devices or an interpreter to access classroom communication.
5. The right to accessible buildings and spaces
Example: a library must offer accessible ramps and seating areas so that people who use mobility devices can access the building and events.
6. The right to transportation access
Example: paratransit services must be offered for a child whose disability restricts their mobility to go to the regularly scheduled bus stop.
7. The right to participate in community life
Example: a child with a disability cannot be outwardly denied access to their community center because of their disability.
8. The right to be free from stereotypes
Example: a child with an intellectual disability cannot be denied the chance to participate in a classroom activity just because the teacher assumes that it’s too challenging.
9. The right to an advocate and due process
Example: parents have the right to file a complaint with the ADA if their child is refused reasonable accommodations.
10. The right to dignity and respect
Example: a child with vision loss using a cane must be treated with the respect and patience to walk the halls without bullying.
These rights reflect how the ADA works to protect children with disabilities in all aspects of life. Civil rights attorney Autumn Elliott reminds us, “It’s still an incredibly important law because the design of the ADA is that over time, it creates an accessible world. So any time something new gets built, it needs to be accessible.” In other words, the ADA protects the rights of kids with disabilities so they can experience the world freely, from classrooms and playgrounds to buses and community programs.
The ADA covers nearly every aspect of daily life for individuals with disabilities, but even after 35 years, families still face barriers and situations where their child’s rights under the ADA are overlooked or ignored. Here are a few common barriers that parents raising kids with disabilities experience:
At school
Class participation: a child with a peanut allergy is told they can’t sit with classmates during lunch “for safety reasons” and is separated.
Field trips: a child who uses a wheelchair is told they can’t join a class field trip because the bus isn’t accessible.
In the community
Camps: a summer camp denies a child because of their disability or requires them to join a separate “special needs” group.
Sports: a child with diabetes is denied a spot on a baseball team because the league fears liability.
Public access
Playgrounds: a child who uses a wheelchair finds no ramps or accessible swings at a playground.
Stores: a child with a service animal is denied entry because the store does not allow animals.
To overcome these common barriers, the ADA guarantees kids with disabilities the right to reasonable accommodations.
A reasonable accommodation helps a person with a disability access the same services and opportunities as everyone else. And while this sounds (in theory) straightforward, it’s not always clear what “reasonable” actually means. It can feel subjective, and that’s where things get tricky. Especially when, as Elliott shared, the terms accommodation and modification are used interchangeably in the ADA (unlike how they are used in IEPs or the Fair Housing Act).
To clear up some of the confusion, it’s easier to understand what a reasonable accommodation is by learning what an unreasonable accommodation is. Legally speaking, an accommodation becomes unreasonable when it creates what the law and attorney Bryan Winn call an “undue hardship for the provider.” That means the accommodation requested would cause serious difficulty or expense(s) that impact the program’s ability to function. This could be because of the cost, the provider’s resources, or the nature of the service itself.
Another reason why an accommodation might be deemed unreasonable is if your child poses a direct threat to the program. It is the program’s responsibility to determine whether your child poses a direct threat that no accommodation would be able to help. Because there is no specific language definition under the ADA of what a “direct threat” is, it is up to the program to decide. Here are a few examples to help you understand the difference between reasonable and unreasonable accommodations:
In short, you can determine whether an accommodation is unreasonable by asking yourself or the provider, “Can this accommodation be done without shutting the program down or negatively impacting everyone else?” If the answer is no, it may fall into being an unreasonable accommodation.
Winn provides more insight into reasonable and unreasonable accommodations, using the example of requesting an aide at summer camp. Tap the video below to learn more!
Requesting accommodations
Think of the ADA as a big umbrella of civil rights. It protects against discrimination in all areas of public life, including areas such as transportation, businesses, camps, and community spaces. But you might also be familiar with a few other laws that protect your children, and it can get a little confusing trying to figure out which is which and what they do. In a nutshell, Section 504 of the Rehabilitation Act of 1973 is “a national law that protects qualified individuals from discrimination based on their disability” — you might have heard of a 504 plan for access and accommodations at school, which stems from Section 504 of the Rehabilitation Act — and the Individuals with Disabilities Education Act (IDEA) is the law that guarantees an individualized education plan (IEP) and a free appropriate public education (FAPE) for students with disabilities who qualify. While the ADA, IDEA, and Section 504 are all used to support children with disabilities, they do not pull authority from the same laws, but together, they help make sure children with disabilities are supported both in school and out in the community.
All this to say, make sure when you are requesting an accommodation, you are requesting it from the right person or place. We’ve created the chart below with the assistance of Elliott and Winn.
Elliott and Winn both recommend requesting a reasonable accommodation in writing in order to have a paper trail in case things escalate. You can still verbally request an accommodation, but it’s better to err on the side of caution. Another important thing to note when requesting an accommodation is that, according to Elliott, “if the disability is obvious and the connection between the disability and the accommodation being requested is also obvious, then there’s no additional documentation or verification needed.” That being said, not all disabilities are visible, and in this case, programs are within their rights to request verification.
In the video below, Elliott explains what documentation these programs can and cannot legally request.
More often than not, when a reasonable accommodation is denied, it has little to do with your child and more to do with the provider’s lack of understanding. And while some might be open to working with you to find alternative ways to accommodate your child, we know that isn’t always the case.
Accommodations should allow your child with a disability to participate fully, without placing an unrealistic burden on the provider or fundamentally changing what is being offered. If you feel that what you are asking for is reasonable and they still aren’t on board, follow this checklist that was informed by Winn and Elliott.
Request a written explanation and a meeting. If your request is denied, you are legally within your rights to ask for a reason.
Know who to go to:
File a complaint. Again, if you are unable to remedy the situation, you are legally within your rights to file a complaint within 180 days from the date of the ADA violation.
Self-advocate. After you’ve filed a written complaint, it’s important to get in touch with your community or local officials to share your child’s denial of a reasonable accommodation.
Obtain a lawyer. You are within your rights to acquire a lawyer before or after you have filed a formal complaint with the DOJ. Protection and advocacy organizations such as the Disability Rights Legal Center can help families gather information to send to the entity in violation to show that your family has legal grounds (and representation) to obtain this accommodation. They can also help you file an administrative complaint with the federal or state government and talk about your legal options.
If a program or space is open to the public, the ADA likely applies. This means your child cannot be excluded, denied participation, or placed into a separate program simply because they have a disability.
Under the ADA, public programs are expected to provide reasonable accommodations so that children with disabilities can fully participate. Typical accommodations can look the following:
Allowing service animals in restaurants, classrooms, or other public places
Providing sign language interpreters or real-time captioning
Offering/allowing assistive technology (such as screen readers, AAC devices, or text-to-speech or speech-to-text tools)
Offering accessible materials (braille, audio tools, or large print)
Providing health-related supports (inhalers, diabetes blood sugar checks, feeding tube support, snacks, etc.)
Allowing aides or support staff to accompany a child in programs
Providing accessible transportation and ADA-compliant features(paratransit, lifts/ramps)
These are just a few examples of the accommodations that the ADA protects. This is important to understand, as a program can’t turn your child away just because they need accommodations — doing so would be a direct violation of their rights.
Programs that are responsible for following the ADA include:
City-run or public programs (such as parks and rec activities, public libraries, or camps hosted by your school district), which are covered under Title II of the ADA. These programs must provide equal access and reasonable accommodations. You can find some ADA-compliant and accessible outdoor activities in California in our article here!
Private businesses and nonprofits that serve the public (such as tutoring centers, gyms, privately owned camps, or after-school programs), which are covered under Title III of the ADA. These programs must provide reasonable accommodations unless doing so would create an undue hardship.
Accommodations are not one-size-fits-all. Having a conversation with the business or program ahead of time can help clarify what is needed and how they can support your family.
Playgrounds are where our kids go to connect, build community, and have fun! That’s why it’s so important that children with disabilities can access them just as easily as their peers. If a playground is owned or operated by a public program or agency, it must follow ADA guidelines to ensure accessibility.
Some common accommodations include:
All new public playgrounds must comply with these ADA standards. For more information about what inclusive playgrounds look like, check out this article from the National Recreation and Park Association. The only time these accommodations may not be required is if the playground is privately owned and not open to the public. However, if a private playground is open to the public (such as one at a museum or church), then it is covered under ADA Title III, and reasonable accommodations must be provided.
If you come across a public playground that isn’t accessible, start by reaching out to the agency or program that operates it, such as your local parks and recreation department or school district. You can also attend public meetings and voice your concerns alongside other families.
If you don’t see any progress after reaching out, you have the right to file a complaint with the U.S. Department of Justice Civil Rights Division. Although it could take some time for anything to happen, every child deserves access to safe, inclusive spaces to play and connect, and speaking up helps make that possible! For a list of accessible playgrounds in California, check out our Accessible Activities for Kids in California article.
Transportation and accessibility go hand in hand — especially when you’re working so hard to get your child the services they need and into various programs and camps. Getting there shouldn’t be another barrier. Under the ADA, all public transportation must be accessible by design. Below is a list of common public transportation accommodations:
In the following video, Elliott provides examples of public accommodation and transportation requirements under the ADA.
These services are meant to make sure you and your child can get where you need to go safely and with dignity.
If you notice something missing in your area, such as a ramp, visual signals, or audio cues at intersections, don’t hesitate to reach out to your city. If the issue goes unresolved, file a complaint with the Federal Transit Administration. You can also rally your community, join local advocacy groups, or attend public meetings to help advocate for the necessary changes.
When regular public transportation doesn’t fit your child’s needs, the ADA requires public transportation agencies to offer accessible options for individuals with disabilities. This is where paratransit comes in! Paratransit is a service that must be provided when someone with a disability is unable to use public transportation because of intellectual or physical disabilities, requires an accessible feature or vehicle that isn’t available, or is unable to reach or navigate bus stops.
Paratransit accommodations can look like the following:
If you believe that you and your child can benefit from paratransit services, double-check eligibility before applying. Your child may qualify if they are unable to navigate the transit system independently, need an accessible vehicle, and/or encounter obstacles that prevent them from reaching the vehicle. Elliott elaborates more on three eligibility criteria for paratransit services in the following video.
Before you and your child can access paratransit services, you have to contact your local public transit agency and submit a paratransit services request form. The transit agency will conduct an in-person evaluation that assesses you or your child’s ability to use fixed-route public transit. If you or your child is found eligible for paratransit, then congratulations, you will be able to start scheduling paratransit rides.
A few things to know once paratransit services are approved:
Private rideshare apps such as Uber and Lyft are technically required to follow ADA rules and provide reasonable accommodations, such as offering cars with ramps or wheelchair access. But in reality, these services aren’t always reliable, consistently available, or regulated. While rideshare companies can offer wheelchair-accessible vehicle options in some areas, service can be limited, especially outside major cities.
To address this issue, California passed the TNC Access for All Act as a means to increase the availability of rides for wheelchair users and decrease the wait time. While the ADA requires this already, this legislation further enforces that rideshare apps such as Uber or Lyft must provide proper accommodations for individuals with disabilities.
This is partly because most drivers are independent contractors, which makes ADA enforcement more complicated. Suppose you or your child is denied access or reasonable accommodations through a rideshare service. In that case, you have the right to file a complaint either directly with the company or with the U.S. Department of Justice.
To help you understand more about what the ADA protects in public, we’ve compiled a few common myths about what the ADA covers.
Myth: the ADA protections apply only if my child has an IEP or a 504 plan.
Myth: a program can deny my child if their disability “requires too much support.”
Myth: private businesses such as camps, gyms, or tutoring centers don’t have to follow the ADA.
Myth: religious schools, churches, or private clubs always have to follow the ADA.
Myth: programs can charge extra for accommodations.
Myth: if a program doesn’t understand the ADA, they’re excused from following it.
Now more than ever, the ADA is under threat from various areas. Elliott mentions, “The US Department of Justice can do enforcement [of the ADA], but their resources are limited, and the Trump administration has made it clear that fighting disability discrimination is not a priority.” While there are no outright attacks against the ADA, a lack of action or priority can jeopardize the protections of the ADA overall.
For more about the ADA being under threat, check out this video with Winn:
To stay up to date on all of the current policies that could impact our kids, check out our article Federal Policy Updates That Could Change the Landscape for People with Disabilities.
Want to learn more? Next steps:
We understand how it can feel like speaking up is shouting into a dark and endless void — or maybe you’ve already spoken up and you’re simply tired of it all. We get it. But at the end of the day, your voice is one of the most powerful things when it comes to protecting disability rights.
If you’re wondering where to start, one of the easiest steps is to find out who your local representative is and let them know how much these protections matter to you and your family. If you need guidance on what to do, check out our article Parent Advocacy for Disability Rights: What We Can Do Now to Protect Our Children’s Rights.
Your voice matters. Always!
As Winn shared, “There is a complacency sometimes. We think that once we have these rights, they can’t be taken away. But there are always new administrations and new people with their own agendas who are looking to undermine these rights. So always be aware that [even though] we have these rights now, they could be easily taken away or undermined.” The more people who speak up, the harder it becomes for decision-makers to ignore the needs of our communities.
Whether you’re here to learn more about the ADA or to learn how to better advocate for your child, we understand how overwhelming it can all feel. But you’re already doing something important just by being here! You’re empowering yourself and your child by learning their rights so that you have the tools to speak up with confidence. We know this is never easy, but know that you are not alone.
For legal help, check out your state’s disability rights program, such as Disability Rights California for CA residents, to connect with legal counsel.
If you’re looking for support navigating IEPs or figuring out what counts as a reasonable accommodation (outside of legal advice), join Undivided today and get two free sessions with our Navigators to help guide you through the process.
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