Requirements under Title II of the ADA

November 18, 2010

Disclaimer

• Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.

• DBTAC authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

Agenda

• Quick Review – Public Entities (Title II)• Administrative Requirements• Program Access• Reasonable Modification• Next steps• Resources

DBTACs (ADA Centers)

• Ten regional centers funded by the US Department of Education

• Mission: Provide technical assistance on the ADA technology through training, materials, and direct assistance

• Contact info:– Toll free hot line 800/949-4232 (voice/TTY)– www.adainformation.org

ADA = Civil Rights(Equality)

Common Sense - Good Faith Effort

Title I: Employment

• Covers employers with 15 or more employees• In public sector (Title II entities), employment

provisions apply regardless of number of employees

• Enforced by Equal Employment Opportunity Commission (EEOC)

Title II: Public Entities

• Part A– Covers all state & local governments– Including public school districts,

special districts, etc.– Enforced by Dept. of Justice

• Part B– Covers public transportation– Enforced by Dept. of Transportation

Administrative Requirements

• Responsible individual• Public notice• Grievance procedure• Self-evaluation• Transition plan

Key Elements of Title II

• General requirements• Definitions– Qualified individual with a disability– Program accessibility– Reasonable modification– Fundamental alteration

• Effective communication• Administrative issues• Enforcement

General Requirements

• For qualified individuals with disabilities, a Title II entity must:– Provide equal opportunity– Not deny participation– Not apply surcharges– Not make unnecessary inquiries– Strive for integrated vs. separate programs – Make reasonable modifications to permit participation– Ensure contracted service providers adhere to Title II rules

Program Accessibility• A public entity’s services, programs, or activities, when

viewed in their entirety must be readily accessible to and usable by people with disabilities

• Achieving program accessibility– Reasonable modification to policies and procedures– Acquisition or redesign of equipment or assignment of aides– Provision of service at alternate sites– Structural modification or physical barrier removal

• Exceptions– Fundamental alteration– Undue burden

Reasonable Modification

• Changes to policies, practices, and procedures that allow persons with disabilities access to the public entity’s programs and services– Examples

• Simplification of application process• Not requiring individual to appear personally to make application

for benefit• Delivering or mailing a check or application that must normally be

picked up– Limited by fundamental alteration and undue financial or

administrative burden

Fundamental Alteration & Undue Burden

• Fundamental alteration – a modification so significant that it alters the essential nature of the program or service offered.

• Undue burden – financial or administrative cost beyond the resources of the public entity

• Determination of fundamental alteration or undue financial or administrative burden– Made by the head of the public entity or his or her designee – Accompanied by a written statement of the reasons for reaching that

conclusion– Based on all resources available for use in the program.

• Public entity must take other actions that would not result in such alterations or burdens but would ensure that individuals with disabilities receive the benefits and services of the program or activity.

Communication Issues

• Ensure effective communications– Auxiliary aids or services• Interpreters• Materials in alternate formats• TTYs and relay service

Accessible Websites & Email

• Websites are an extension of your organization

• More individuals with disabilities using the Internet = More of an audience for your organization

• Educate web designers• Invite individuals with disabilities to audit sites

Enforcement

• Complaints filed by individuals with disabilities• Departmental grievance procedure• Applicable federal agency• Project Civic Access (list at www.ada.gov)

Next Steps

• Assign specific person as ADA Coordinator• Conduct a facility self-evaluation for physical

accessibility using existing facility checklist• Examine intake procedures to ensure they don’t

discriminate• Examine other policies for discriminatory

elements• Establish policy for effective communications

including sign language interpreters

Next Steps (cont.)

• Install a TTY and train staff in its use as well as relay service use

• Examine written and visual materials for appropriate depiction of people with disabilities

• Examine policy for selecting meeting sites• Examine policy for ensuring contractors meet

ADA standards• Examine policy for acquisition of electronic and

information technology

Next Steps (cont.)

• Examine new staff training on disability issues• Ensure printed materials include appropriate

notification regarding department’s nondiscrimination policy

• Establish a grievance policy for clients with disabilities

• Review evacuation procedures to ensure there are provisions for clients and staff with disabilities

Additional Federal Resources

• U.S. Department of Justice– Toll free hot line 800/514-0301 (voice)

– www.ada.gov

• Equal Employment Opportunity Commission– Toll free hot line 800/669-4000 (voice), 800/669-6820(TTY)

– www.eeoc.gov

• Job Accommodation Network– Toll free hot line 800/526-7234 (voice/TTY)

– www.jan.wvu.edu

Resources

It’s not so much memorizing the material as knowing where to

find it when you need it.