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

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Program Acc ccessibility and Rea easonable Poli

• licy Modifications

Title II: Americans with Disabilities Act

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You

• ur Pres

esenters

• Nancy Greene
• Title II ADA Compliance Manager

(Retired) Montgomery County, MD nancyggreene@yahoo.com

• Nancy Horton
• Project Specialist

Mid-Atlantic ADA Center nhorton@transcen.org

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Our ur Agenda

• Overview
• Title II
• Program accessibility
• Reasonable modifications of policies, practices, and procedures
• Questions and discussion

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Ti Titl tle II II

State and Local Governments

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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

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Con

• ntracts
• 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)

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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

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In Inquir 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
• f nature of disability/limitations and need for accommodation

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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

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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,
• r generalizations about people with disabilities

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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
• bjective 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

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Sur urcharges

• Individuals with disabilities, or groups
• f people with disabilities, cannot be

charged fees to cover costs of ADA compliance

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Program Accessibil ility

Access to Programs, Services, and Activities Conducted in Existing Facilities

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En Ensurin ing Part artic icipation

• Public entities must make sure people

with disabilities can participate in activities and receive services offered in

• lder, 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

• pportunities and be as integrated as

possible

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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

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Prog

• gram 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
• r services via mail, online, etc.
• Altering existing facilities or building new
• nes
• Suitable methods will depend on the

nature of activities and the types of facilities needed to conduct them

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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.)

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Ben enefits of

• f 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

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His istoric ic Pl Places

Providing Program Access and Preserving Our Past

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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).

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Historic ic Property ty

• “A building or facility that is listed in
• r eligible for listing in the National

Register of Historic Places, or designated as historic under an appropriate state or local law” (ADA Standards)

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Historic ic Pres eservatio ion Prog

• grams
• “ … programs conducted by

a public entity that have preservation of historic properties as a primary purpose” (§ 35.104)

• Priority: physical access

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Historic ic Signif ific icance

• Threatening or destroying historic

significance of historic property not required

• Alterations
• Program accessibility

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Scenario: Children’s Library

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Crea eativ ive Sol

• lutio

ion: Com

• min

ing fr from

• m Anot

nother er Ang ngle le

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Crea eativ ive Sol

• lutio

ion: New Ra Ramp, New Doo

• or

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Rea easonable Modifications

Policies, Practices, and Procedures

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In Indiv ivid idualiz ized Mod

• dif

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
• r activity, eligibility criteria, etc.)
• Example: accommodations for tests (academic, licenses, etc.)

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Gen eneraliz ized Pol

• lic

icy Mod

• dificatio

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)

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Th The Com

• mbo
• 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

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Add ddressin ing Req equests: : Start art the the Proce

• cess
• Communication and collaboration among parties (requestor, program
• perators and staff, ADA Coordinator, other administrators as needed)
• Respect confidential information (medical/disability); “need to know”
• Understand request, disability-related needs of individual, barriers to

participation

• Understand program (fundamental nature, eligibility requirements,

safety issues, etc.)

• Ensure consideration of legitimate factors only; address any concerns

based on stereotypes, assumptions, paternalistic attitudes, etc.

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Add ddressin ing Req equests: : Deci ecisio ions, Im Implementatio ion, Fol

• llo

low-Up Up

Grant Request

• Inform requestor and program

staff of decision and any needed steps for implementation

• Make sure all parties understand

they may reach out for additional help if implementation does not go well or they discover additional needs/concerns Deny Request

• Inform requestor and provide

rationale for decision

• Inform requestor of options for

appeal/grievance

• If possible, offer alternatives to

the initial request that may enable participation

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Sce cenario io: : Sum ummer Cam amp

• A city offers summer camps for children. One is a therapeutic program

designed for children with disabilities. Staff, including nurses, provide personal assistance (e.g., help with eating, toileting, and administering medications).

• A parent wants her daughter, Caley, who has a seizure disorder, in the

regular (non-therapeutic) program, and requests that staff learn how to administer diazepam (Diastat) in case Caley experiences a “breakthrough”

• seizure. Written policy for regular camps is that staff will not administer

any medication except an EpiPen in an emergency.

• The parent feels that under the ADA, an exception to the medication policy

should be made for Diastat, since it is also used only in an emergency. The camp director has heard that Diastat is administered rectally, and feels therapeutic camp is the appropriate placement for Caley.

Th Thanks for

• r Jo

Join inin ing Us! s!

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TransCen’s Mid-Atlantic ADA Center (DC, DE, MD, PA, VA, WV) 1-800-949-4232 301-217-0124 www.ADAinfo.org ADAinfo@transcen.org

Member of ADA National Network (www.ADAta.org), funded by National Institute on Disability, Independent Living, and Rehabilitation Research