Federal Prosecutors: Moorestown Day Care Center Kicks Out 3-Year-Old Girl With Down Syndrome For Not Being Toilet Trained
MOORESTOWN, N.J. (CBS) -- A national day care center has been fined nearly $50,000 after a 3-year-old girl with Down syndrome was kicked out of its Moorestown facility for not being toilet trained. The U.S. Attorney's Office in New Jersey says Spring Education Inc. violated the American Disabilities Act.
Federal prosecutors say the day care gave the young girl arbitrary deadline to become potty trained. The complaint states that SEI expelled the 3-year-old girl with only five days' notice when she failed to meet the deadline.
When the girl's parents gave the facility medical documentation that toileting delays are common in children with Down syndrome, SEI said its "corporate policy" on toileting requires 3-year-olds in certain classrooms to be fully toilet trained.
"Equal opportunity is the core American value that is protected by the ADA and advanced by today's agreement," U.S. Attorney Craig Carpenito said in a statement. "With this agreement, we ensure that children with disabilities attending SEI's daycare facilities in New Jersey and across the United States receive the protection to which they are entitled under the law. We are proud to continue our vigorous enforcement of the ADA in New Jersey and will continue to root out discrimination to the fullest extent of the law."
SEI must pay a civil penalty of $30,000 to the United States and $18,000 to the young girl. SEI is also required to provide reasonable modifications for children with disabilities that impact their ability to be toilet-trained.
