PLANT CITY, Fla. – A private day care center in Hillsborough County has reached an agreement with federal prosecutors following allegations that it illegally denied enrollment to a child with Down syndrome.
The settlement, announced by United States Attorney Gregory W. Kehoe, resolves an investigation into Autumn Leaf Academy, Inc.
The inquiry began after the parents of a young girl filed a complaint alleging the facility refused to care for their daughter in November 2022, specifically because she required a gastronomy tube, or “G-tube,” for feeding.
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According to the U.S. Attorney’s Office for the Middle District of Florida, the refusal violated Title III of the Americans with Disabilities Act (ADA).
Federal investigators determined that the academy applied eligibility criteria that effectively “screened out” the child based on her disability. The findings stated that the facility failed to make reasonable modifications to its policies or practices that would have allowed the child to participate in their programs, which serve children aged 12 months to 12 years.
Under the ADA, public accommodations—including private day cares—are prohibited from denying services to individuals based on a disability or their relationship to someone with a disability.
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As part of the resolution, Autumn Leaf Academy must now implement several corrective measures. The facility is required to adopt and post a strict non-discrimination policy on its website and provide ADA training to all staff members. Additionally, the center must appoint a compliance monitor to oversee these changes and submit regular reports to the federal government.
The agreement also stipulates that the academy must pay the child’s family $2,000 in compensatory damages.
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