HAMDEN, CT — A child care center with several locations in Connecticut has reached a settlement agreement with the U.S. Attorney’s Office over an ADA complaint, according to officials. Bradford Child Care Services, Inc., which owns Tender Care Learning Centers, reached a settlement agreement to resolve allegations that Tender Care was not operating in compliance with the Americans with Disabilities Act, U.S. States Attorney for Connecticut John H. Durham announced Tuesday.
Tender Care provides child care services at more than 20 locations in Connecticut and western Pennsylvania. Tender Care has locations in Hamden, Middletown, Avon and East Granby.
“The settlement agreement addresses an ADA complaint filed by the parents of a child with epilepsy alleging that Tender Care established a policy to prevent staff from administering prescribed emergency rescue medication,” officials wrote in a news release. “Under the terms of the settlement agreement, Tender Care will implement new nondiscriminatory policies, practices and procedures regarding the administration of medication for children with disabilities who wish to attend their day care centers, camp, before care program, after care program or any other educational programs owned or operated by Tender Care in the United States.”
Tender Care also will train its managers, teachers and other staff on compliance with Title III of the ADA, officials said.
“Additionally, Tender Care will evaluate each request for reasonable modifications on an individualized basis, relying on objective evidence and current medical standards and will adopt, maintain and enforce an Emergency Anti-Seizure Medication Administration (EASMA) Policy and Procedure,” the news release states. “The revised materials for parents of children with disabilities will be posted in a general location at the center and will post to its website the nondiscrimination policy approved by the U.S. Attorney’s Office.”
Tender Care also agreed to pay a total of $20,000 in compensatory damages to “certain individuals identified during the government’s investigation of this matter,” according to officials.
Durham noted that the counsel and management of Tender Care were “cooperative with the U.S. Attorney’s Office and are committed to addressing the issues raised by the ADA investigation without litigation.”