A complaint waged by a parent whose child was denied entry into a summer camp program at the East Providence Boys & Girls Club (the Club) this past June has led to a settlement agreement between the Club and the United States Department of Justice, which pays a restitution of $20,000 to aggrieved parents and will require Club staff and personnel to undergo additional training.

According to the details of the settlement, released by the Department of Justice on Tuesday, a parent levied the complaint under the federal Americans with Disabilities Act (ADA), and claimed that the Club denied entry to their child — who has autism — due to an unwillingness to make accommodations to enable them to participate in the camp.

The ordeal began in the spring of 2024, when the Club began registration for their “Kinder Camp”, a free, eight-week summer camp open to children who had registered for kindergarten in the upcoming school year in East Providence Public Schools.

The settlement decree states that the Education Director for the Club asked parents to disclose any academic or behavioral accommodations that might be necessary for them to be aware of, and to submit a copy of the registrant’s IEPs.

The complaint alleged that the parent submitted this information as requested in June, and disclosed that the child would only need to be allowed to use a speech device for communication purposes and that staff would need to encourage them to use the bathroom and join in group activities with other children.

However, the child’s registration was summarily cancelled.

According to the summary of the settlement, six parents in total submitted IEPs and requests for additional accommodations so their children could join the camp. Five of those were denied. One of them was accepted, “but only after the parent first explained to EPBGC’s Education Director that the child’s behaviors had improved after the IEP was written and he would not need accommodations.”

The complaint alleges that the parent who eventually brought forward the complaint with the DoJ, and one other parent, were unaware of an appeals or complaint process, resulting in their children being unable to attend the camp and forcing them to find other childcare arrangements for the summer.

The Department of Justice, in the summary of the settlement (authored by Assistant U.S. Attorney for the District of Rhode Island, Amy Romero), said the office found cause that the Club had indeed discriminated against children with disabilities by denying them entry into the program based on the contents of their IEPs and the presence of their disabilities.

“EPBGC disputes the United States’ determinations and maintains that it did not discriminate against the aggrieved individuals on the basis of disability,” the settlement agreement states, but goes on to say the parties agreed to the settlement “to avoid the cost and uncertainty of further proceedings…”

The settlement details
As part of the settlement, the East Providence Boys & Girls Club will make “reasonable modifications” in its policies, practices, or procedures when necessary to ensure its programs are inclusive of those with disabilities, and “eliminate any eligibility criteria that screens out, or tends to screen out, individuals with disabilities.”

The Club will now have to conduct individualized assessment of needs when a child with a disability applies for one of their programs on a case-by-case basis, and have a discussion with parents to explore the accommodations necessary. After that, they will have the option to either accept the child’s registration, request more information regarding the kinds of accommodations necessary to serve the child, or deny the request; but only if they can “demonstrate that making the requested modification will result in a fundamental alteration.”

Additionally, within 30 days of the settlement, the Club must adopt and provide an updated training regiment to camp employees and Club staff who would interact with children with disabilities, including specific training on the ADA and for the specific types of accommodations to be provided for children as they become necessary. They have to maintain logs of these trainings and send copies to the Department of Justice, and within 90 days they must provide a report documenting compliance of the agreement.

Lastly, the settlement provides $20,000 in compensation to the aggrieved parents and children.

“Summer fun is for everyone, and when it comes to summer camp, the ADA is clear that nobody should be left out because of a disability,” U.S. Attorney Zachary A. Cunha wrote in a press release of the settlement.  “This resolution—our Office’s fourth ADA settlement with a local summer camp—should serve as a reminder that this Office will stand up to make sure that children with disabilities have access to the activities and services that the law requires.”

Asked if they wanted to provide comment, the East Providence Boys & Girls Club sent the following statement attributed to its Executive Director, Erin Gilliatt.

“For nearly a century, Boys & Girls Club of East Providence (BGCEP) has provided safe, inclusive environments, best-in-class programming, and opportunities for young people to thrive. BGCEP recently resolved claims filed against our organization under the Americans with Disabilities Act (ADA). When these allegations were brought forward, we offered our full assistance and cooperation to those involved in the investigation process, and have since fully updated all ADA-related Club policies and procedures and thoroughly trained staff to ensure full compliance is upheld,” the statement reads. “As a youth-serving organization fully committed to nondiscriminatory practices, we always aim to meet and accept young people as they are – our dedication to our Club members, their families, and our community is unwavering.”