Fleming Island Childcare Center settles claim to improve daycare access

OCALA, Fla. — United States Attorney Roger B. Handberg announced that the United States Attorney’s Office for the Middle District of Florida has reached an agreement with Imagination Island of Fleming Island, Inc., a daycare center that provides childcare services for children ages six weeks old to pre-kindergarten-age.

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Allegations were made against the daycare, claiming they violated Title III of the Americans with Disabilities Act (ADA) by terminating the enrollment of a child because he was diagnosed with epilepsy.

An investigation was opened by the U.S. Attorney’s Office in October 2023 after parents of a 3-year-old child alleged Imagination Island terminated their child’s enrolment because they were diagnosed with epilepsy. The parents tried to gain contact with the director of the school; however, they were unable to before receiving an email stating:

Based on the diagnosis we are neither equipped or certified to have him attend school with his condition.

After an investigation was conducted, it was determined that Imagination Island had violated Title III of the ADA when it discriminated against the parents and their child.

Under the terms of the settlement agreement, Imagination Island must do the following:

• Adopt, maintain, and enforce a non-discrimination policy regarding the prohibition of discrimination based on disability, and post such policy on its website
• Adopt, maintain, and enforce an emergency anti-seizure medication administration policy and procedure, which includes a seizure emergency action plan
• Require all employees to complete annual training on epilepsy seizures and the administration of diazepam rectal gel (Diastat)
• Provide training to all employees on all policies, practices, and procedures required under the settlement agreement, as well as the non-discrimination requirements under Title III of the ADA; designate and maintain a compliance monitor to ensure Imagination Island complies with the terms of the settlement agreement
• Submit regular compliance reports to the United States
• Report any complaints received alleging Imagination Island discriminated based on disability to the United States
• Pay the Complainants $4,000 in compensatory damages.

Individuals who believe they may have been victims of discrimination may contact the Civil Rights Unit of the U.S. Attorney’s Office for the Middle District of Florida by calling the Civil Rights Hotline at (813) 274-6095 or emailing at USAFLM.Civil.Rights@usdoj.gov. To fill out the civil rights complaint form, click HERE.

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