Which child care centers are covered by Title III?
Almost all child care providers, regardless of size or number of employees, must comply with Title III of the ADA. Even small, home-based centers that may not have to follow some State laws are covered by Title III. The exception is child care centers that are actually run by religious entities such as churches, mosques or synagogues. Activities controlled by religious organizations are not covered by Title III. Private child care centers that are operating on the premises of a religious organization, however, are generally not exempt from Title III. Where such organizations are leased by a child care program not controlled or operated by the religious organization, Title III applies to the child care program but not the religious organization. For example, if a private child care program is operated out of a church, pays rent to the church, and has no other connection to the church, the program has to comply with Title III but the church does not.