9/8/2016 DAY IN THE LIFE OF AN ADA COORDINATOR Nancy Greene, ADA Compliance Manager Montgomery County, MD Irene Bowen, J.D. President, ADA One, LLC What we plan to cover with your participation! Discuss some of those “gray areas” in Title II • Reasonable modification of policies and procedures • Addressing accessibility when there are no enforceable standards Strategize on how to deal with uncooperative operating department staff Brainstorm on real life situations Responding to a Reasonable Modification Request 1
9/8/2016 What is a “reasonable modification” of policies, procedures and practices? Term “reasonable modification” is not defined in the regulations. Modification: a change in something. Policies, procedures and practices: formal or informal, that guide how a program or service operates. Reasonable – is necessary, reasonable, and does not create a fundamental alteration of the program. Determining “reasonable”: If the modification is easy to do, you may want to just do it as good customer service If it is not, evaluate the request and make a determination Remember - decisions are made on a case basis based on the specific request Don’t be afraid to make a decision but do your research first Use an interactive process similar to Title I Understand the request: Talk with the requestor Is the person a qualified individual with a disability, i.e. able to meet the eligibility requirements with or without a reasonable modification or an auxiliary aid or service? Make sure you know what is being requested and why. What is the barrier for this individual? How will that change make the program or service more accessible to the individual? Are there other modifications that might also work? 2
9/8/2016 Understand the program, service or activity: Talk with the department Who does it serve? What is the purpose? Are there eligibility requirements for participation? Are those necessary? How is the program or service described to the public - flyers, on the web, press releases, registration materials, etc.? If the department feels they can’t make the requested change, understand why. What can they do? Do your research and make a decision: Research the DOJ website, particularly the settlement agreements, to see if there are similar cases. Contact the Mid-Atlantic Center, use the Title II Network. Try to provide the requested modification or to provide an alternative that will provide greater access. Be ready to explain your analysis to the department or to the requestor. Working with Staff in Operating Departments 3
9/8/2016 Implementing the ADA: Department/program staff are key in implementing reasonable modifications and in responding to complaints. Know how your jurisdiction operates. Know your level of authority and how to work within that level. Make your position visible. Have backup support when you need it - your manager, your department head, your County attorney. Develop a network within your jurisdiction. Strategies for Dealing with Resistant Staff: Remember you are not DOJ, your role is to assist your entity in complying with Title II You are the expert in the ADA, other staff are experts in their work. Share your expertise but acknowledge competing demands Don’t point fingers - use “we” instead of “you” Provide targeted technical assistance when available Use your back up resources-department head, attorney- when needed Providing Technical Assistance: Good idea to review the applicable regulations and standards adopted by DOJ even if you are sure you know the answer. Use available technical assistance resources when you have questions. Remember 28 C.F.R. § 35.177- ”A public entity cannot be excused from compliance with requirements of this part because of any failure to receive technical assistance …. “ Even if there are no standards or technical assistance available from DOJ, you still must comply. 4
9/8/2016 Providing Technical Assistance: Do your research - start by using your Title II regulations and the 2010 Standards. Use your resources - Mid-Atlantic Center, Access Board, federal enforcing agencies: FHWA, FTA, industry groups, disability organizations. If no standards exist, understand how the new feature will be used and incorporate any applicable standards that would be involved - reach range, clear floor space, etc. No scoping? 5% or one is the rule of thumb. Challenges: Technical staff: engineers, computer programmers, architects want to have clear, black and white standards. Draft Public Rights of Way Accessibility Guidelines and similar guidelines should be used as “best practice.” Can’t ignore the issue (Remember 28 C.F.R. § 35.177) Come up with a plan! Group Exercises: What would you do? 5
9/8/2016 Responding to a request for reasonable modification: A library is closed for renovation so patrons must use a very busy nearby library. Mr. Smith, who has multiple disabilities impacting his vision and manual dexterity, uses the designated accessible computer but requests that he be permitted unlimited use rather than following the library’s one hour limit policy. The library manager tells you that patrons are already fighting over the computers. She says she can’t make this change. It will set a precedent and she will be inundated with similar requests. Reasonable Modification: Volunteer Program Your jurisdiction has a popular volunteer program for those interested in the historic preservation program. Volunteers commit two days per week, 5 hours per day. They assist in the office and answer visitor questions on site at historic properties. Mary, who is deaf, applies to be a volunteer and requests an ASL interpreter for the week-long orientation session as well as for all of the hours of her assignments both in the office and on site with the public. The manager is concerned about the cost since this means two interpreters. Mary is definite that on-site interpreting is the only means of effective communication for her. How would you handle this? Dealing with Resistant Departmental Staff: Your County operates liquor stores. A resident tells you that on her last visit, she could not open the heavy front door, a turnstile blocked her access and the aisles were too narrow for her scooter. You plan to set up a meeting with the Manager responsible for the stores to resolve this but before the meeting you find out he is mad about the complaint, thinks the stores are perfectly fine and that you are making an issue out of nothing. He has a reputation for being difficult to work with. What do you do? 6
9/8/2016 Providing technical assistance for new services: Your County decides to provide free electronic vehicle charging stations for residents at several recreation centers. The manager in charge of the program asks if there are any requirements in the ADA for these features. How do you respond? Summing it up: Be proactive in keeping up with all of the rulemaking, technical assistance and guidance on all aspects of Title II Participate in the Title II network - webinars, meetings, list serve Develop networks within your jurisdiction Be responsive, collaborative and credible CONTACT: Nancy Greene Title II Compliance Manager Montgomery County Government 101 Monroe Street, 9 th Floor Rockville, MD 20850 nancy.greene@montgomerycountymd.gov Voice: 240-777-6023 TTY: 240-777-6197 Fax: 240-777-6195 7
9/8/2016 CONTACT: Irene Bowen, J.D. President ADA One, LLC 9 Montvale Court Silver Spring, MD 20904 IreneBowen@ADA-One.com Voice: 301-879-4542 8
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