You our Pres esenters Nancy Greene Nancy Horton Title II ADA - PDF document

11/1/2019 Program Acc ccessibility and Rea easonable Poli olicy Modifications Title II: Americans with Disabilities Act You our Pres esenters • Nancy Greene • Nancy Horton • Title II ADA Compliance Manager • Project Specialist (Retired) Mid-Atlantic ADA Center Montgomery County, MD nhorton@transcen.org nancyggreene@yahoo.com 2 1

11/1/2019 Our ur Agenda • Overview • Title II • Program accessibility • Reasonable modifications of policies, practices, and procedures • Questions and discussion 3 Ti Titl tle II II State and Local Governments 4 2

11/1/2019 Th The Basic asics • Title II covers all programs, services, and activities of state and local governments (public entities) • All public entities must conduct self-evaluation • Review programs and policies to ensure non-discrimination • Public entities with 50 or more employees must • Designate at least one employee responsible for ADA compliance • Establish grievance procedure • Develop transition plan to address structural changes to facilities if needed to achieve access to programs and activities 5 Con ontracts • Public entities are responsible for any programs, services, or activities they conduct or provide through contracts or other arrangements • “ … activities of public entities are covered, even if they are carried out by contractors” (ADA Title II regulations, 1991 Preamble and Section -by- Section Analysis) 6 3

11/1/2019 Req equirements ts • Non-discrimination • Reasonable modifications of policies, practices, procedures • Program accessibility • Auxiliary aids or services for effective communication with people with hearing, vision, speech disabilities 7 Inquir In irie ies • Ability to ask about disability (nature, cause, extent, etc.), or for documentation of disability is very limited ; only when necessary • Examples • Service animal: may ask • If animal is needed because of disability (but not what the disability is), and • What work or task animal is trained to do • Academic testing accommodations: may require tailored documentation of nature of disability/limitations and need for accommodation 8 4

11/1/2019 Gen eneral Limit itatio ions • Public entities do not have to take actions that … • Fundamentally alter the essential nature of programs • Impose undue financial and administrative burdens • These decisions are made by the head of the public entity, considering all resources available for the program, service, or activity, and accompanied by a written statement of rationale • NEXT: consider alternatives that do not cause fundamental alterations or undue burdens 9 Elig Eligib ibil ility ty Crit riteria an and Safety Ru Rule les • Must be legitimate, consistently applied, and necessary to program • Must not be based on speculation, stereotypes, or generalizations about people with disabilities 10 5

11/1/2019 Direct Th Threat • Public entity does not have to permit an individual with a disability to pose a direct threat to the health or safety of others • Use reasonable judgment, current medical knowledge, best available objective evidence to make an individualized assessment • Nature, duration, and severity of the risk • Probability of harm • Whether reasonable policy modifications or provision of auxiliary aids or services will mitigate risk 11 Sur urcharges • Individuals with disabilities, or groups of people with disabilities, cannot be charged fees to cover costs of ADA compliance 12 6

11/1/2019 Program Accessibil ility Access to Programs, Services, and Activities Conducted in Existing Facilities 13 En Ensurin ing Part artic icipation • Public entities must make sure people with disabilities can participate in activities and receive services offered in older, inaccessible buildings and facilities • Programs must be accessible when “viewed in their entirety” • Not every old, inaccessible facility needs to be made accessible, but people with disabilities must have equal opportunities and be as integrated as possible 14 7

11/1/2019 Lea eased Spa paces • Programs and activities conducted in leased facilities are subject to the same requirements as those conducted in the public entity’s own facilities • Public entities are not necessarily required to lease fully accessible facilities, or to improve structural access in leased facilities • Focus on accessibility of programs, services, and activities 15 Prog ogram Acce ccessib ibil ilit ity: : Optio ions • Options may include • Using equipment • Providing assistance • Relocating activities to comparable, accessible facilities • Making home visits, providing information or services via mail, online, etc. • Altering existing facilities or building new ones • Suitable methods will depend on the nature of activities and the types of facilities needed to conduct them 16 8

11/1/2019 In Indiv ivid idual Assis ssistance vs. s. Pers ersonal Ass ssis istance • Public agencies generally do not have to provide personal devices or assistance, for example … • Prescription eyeglasses, hearing aids • Assistance with eating, dressing, toileting • … unless personal devices or assistance are routinely provided (hospital, day care program for infants or toddlers, etc.) 17 Ben enefits of of Im Improvin ing Ex Existin ing Fac acil ilitie ies • More convenient for the public and agency staff • Reduces need for scheduling adjustments or relocation of activities • Reduces need for alternatives such as providing assistance or making home visits • Enhances independence for people with disabilities • Enhances integration 18 9

11/1/2019 His istoric ic Pl Places Providing Program Access and Preserving Our Past 19 Whic ich Statement is s True rue? 1. Historic properties are those built before 1990. 2. Historic properties are those built more than 100 years ago. 3. Historic places are exempt from the ADA. 4. Historic places can be structures, districts, or sites. 5. Historic properties can never be used to house state or local government services (e.g., tax office); historic properties can only be used for historic preservation programs (e.g., living history museum). 20 10

11/1/2019 Historic ic Property ty • “A building or facility that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law” (ADA Standards) 21 Historic ic Pres eservatio ion Prog ograms • “ … programs conducted by a public entity that have preservation of historic properties as a primary purpose” ( § 35.104) • Priority: physical access 22 11

11/1/2019 Historic ic Signif ific icance • Threatening or destroying historic significance of historic property not required • Alterations • Program accessibility 23 Scenario: Children’s Library 24 12

11/1/2019 Crea eativ ive Sol olutio ion: Com omin ing fr from om Anot nother er Ang ngle le 25 Crea eativ ive Sol olutio ion: New Ra Ramp, New Doo oor 26 13

11/1/2019 Rea easonable Modifications Policies, Practices, and Procedures 27 Indiv In ivid idualiz ized Mod odif ificatio ions • Many modifications will need to be made on an individualized basis, considering … • Individual’s disability -related needs • Context: program or activity (fundamental nature/purpose of program or activity, eligibility criteria, etc.) • Example: accommodations for tests (academic, licenses, etc.) 28 14

11/1/2019 Gen eneraliz ized Pol olic icy Mod odificatio ion • Some “modifications” should be ingrained in programs • Example: Emergency planning should routinely take into account the needs of individuals with disabilities (e.g., transportation needs of individuals who rely on public transit/paratransit for evacuation) 29 Th The Com ombo • Some modifications may be successfully implemented with a combination of established parameters and individualization • Example: OPDMDs • Program or facility may establish parameters of when, where, how, and what types of OPDMDs may be used by individuals with disabilities (days or times, environmental conditions, off-limit areas, speed limits, power source [gas-powered vs. electric], etc.) • People may still be asked individually for credible assurance that the OPDMD is needed because of disability 30 15