Americans with Disabilities Act

Presented by Disability Access Consultants (DAC) 800-743-7067

ADA

Roles, Responsibilities and Strategies for ADA Compliance

Besides the Americans with

Disabilities Act, what do you think of when you hear the ADA?

ADA

What is the ADA? - Top 10 Answers

#10 American Dental Association #9 Air Defense Artillery #8 Average Daily Attendance #7 American Dairy Association #6 American Diabetes Association #5 American Dodgeball Association #4 Always Doing Alterations #3 Attorney’s Dream Account #2 Another Darn Attorney

And the # 1 Answer is … Americans with Disabilities Act

TODAY’S GOALS AND OBJECTIVES

Brief discussion of the ADA Responsibilities of the Public Entity Strategies to develop and manage a plan Strategies for low cost compliance activities

Self-Assessment by Members

Self-Assessment

The ADA Risk Management Self-assessment worksheets are for your use after the session. Rate your risk! A score of 32 or higher indicates you are an ADA Expert.

10 Strategies for Compliance

1. Understand the ADA and what is required

2. Designate an ADA Coordinator

3. Post the required notices

4. Find out if you have completed an ADA Self-evaluation and Transition Plan

5. Make sure that your Self-evaluation and Transition Plan includes all areas (including public rights-of-way) and has received public input

Strategies, Continued

6. Make sure you have a way to easily manage and update your plan

7. Provide training to the ADA Coordinator, administrative staff, facilities, maintenance and operations regarding the requirements of the ADA and the California Building Code

8. Incorporate ongoing compliance with day-to-day activities and planning

9. Increase your “accessibility awareness” 10.Document, monitor and track your compliance

Step 1: What is the ADA & What is Required?

Civil Rights Law –July 26, 1990

Prohibits discrimination based on disability Access to Programs, Services, Activities & Special

Events City, County, other Public Entity Sponsored by the Public Entity

Persons with Disabilities

Physical, cognitive, visual, hearing, sensory

Civil Rights Law

Five Titles of the ADA

I Employment

II State and Local Government

III Public Accommodations

IV Telecommunications

V Miscellaneous

Civil Rights Law – Not a building code

Legal Requirement

Title II of the ADA – State and Local Governments – Applies to City and County Governments, Schools and other public entities Required for federal and state funding Required by Federal Highway and Caltrans

EQUAL ACCESS

ADA is access to Programs, Services and Activities

No qualified individual with a disability shall be excluded from participation in, or denied access to

programs, services and activities

Title II of the ADA

Access to programs, services and activities of the City, when viewed in their entirety

Self-evaluation

Transition Plans

What do you need to know?

What is required?

Self evaluation: Review of policies, procedures, programs, services and activities to determine if any are discriminatory

Transition Plan: Identifies any physical barriers that may deny access to a person with a disability • Includes Buildings, Parks, Recreational Areas and

Public Rights-of-Way (sidewalks, curb ramps, intersections, street furniture, bus shelters and stops)

Review of policies, procedures, practices and programs to identify any discriminatory or potentially discriminatory

Development of a programmatic “barrier removal plan”

Self-Evaluation

Plan for removal of structural barriers that deny access to programs, services and activities

•Finding

•Recommendation

•Schedule for barrier removal

•Designated responsible person to oversee the plan

Transition Plan Requirements

Opportunities for Input from the Public

Input from individuals with disabilities, organizations that represent individuals with disabilities, stakeholders and other interested individuals

Public Input Required

Public Input Process

Many methods for public input:

• Surveys –online and paper • Postings • Notice in Newspaper • Postings in Public Locations • Transition Plan Available for Input

Federal or State Standards?

Apply the standard that provides the greatest level of accessibility

Standard applied can not be less than the federal standard

California Building Code (CBC) has many accessibility standards that exceed or are greater than the federal standard, and thus CBC would apply

Landlord-Tenant Responsibility

Who is responsible for ADA Compliance? Owned by Title II Public Entity and leased to Title III (privately owned but open to the public) Owned by Title III (private ownership) but leased by the public entity. Review lease agreements

Standards

ADA and CBC Title 24 2013 Standards –CBC- Chapter 11B 2010 ADA Standards Outdoor Developed Standards Which Standards (Federal vs. State) Apply? Public Rights-of-Way

Facilities and Public Rights-of-Way

Why comply?

Without the required ADA self-evaluation and transition plan, the public entity would not have met the requirement under Title II of the ADA. The public entity is a recipient of federal and state funds. Lack of the required self-evaluation may jeopardize funding and may impact insurance coverage. Lack of a plan places the public entity in a harder to defend position. More likely to be a target for litigation.

Lawsuits & Litigation Expenses

Litigation has increased

Dollars have been lost

It’s a legal requirement

AND

It’s the right thing to do!

$$$$ Lost Due to Litigation

Public entities are spending funds for legal fees Staff are having to divert limited time and resources

to prepare and collect documents during discovery requests

Depositions by Staff

Preparation for trial

Consent decrees and tolling agreements

Required to complete a plan

Monitoring by Plaintiff and dollars paid

Wipe-out!

Department of Justice (DOJ) OR Caltrans arriving to discuss your compliance efforts!

What is the cost to comply in the next picture?

Compliance is Too Expensive (?)

Myth # 1

ADA is too expensive! I can’t do anything without funding. The courts will understand.

RESPONSES from Plaintiff and the Courts: It is a legal requirement. What have you been doing for the last 20 years? Money is no excuse! Some of your new construction is not compliant, why

are you spending money to build barriers?

My plans show I have two accessible parking spaces for individuals with disabilities, what is the problem?

Part-time Compliance

Maintenance of Accessible Features 35.133

“Administrative Failure”

We care about the ADA(?)

What message does this next picture deliver?

Is this path of travel to the programs, services and activities compliant?

Path of Travel

When “on site”

modifications and custom efforts are needed. . . .

Building Barriers

It is in our PLANS

We have a “shower”

Planning for Compliance

We also have an “accessible restroom”

And…

My plans show I have two accessible parking spaces for individuals with disabilities, what is the problem?

Part-time Compliance

Maintaining Accessible Elements

And . . Has the Accessible Element Been Maintained?

What is the accessible element?

Is the Accessible Element being used for what it was designed for?

Design vs. Use

Where is the Accessible Element?

Maintenance of Accessible Features

Is the accessible feature – ISA (International Symbol of Accessibility being maintained?

Maintenance of Accessible Features

Don’t forget maintenance items:

Door pressures

Barriers in the path of travel

Shrubs, tree roots, trash cans, displays

Parking

Signage

Signage is intended to provide clear direction and to “welcome” the user: Is this the case here? Should provide direction for the shortest route to the entrance or to the program, service or activity

Signage

“Temporary” Compliance

Temporary is usually permanent Required to provide access to the program, service or activity

Barrier to Program Access?

Include a “statement of accommodations” on public notices to provide for equal access for individuals with disabilities.

The accommodation for a qualified individual with a disability, for example, may include accommodations such as an interpreter, assistive listening device, or an alternate format.

Public Notices

If you are a person with a disability and need an accommodation to participate in City of Sample programs, services, activities and meetings, contact xxx at least 48 hours in advance to request an auxiliary aid or accommodation.

Use the term disability instead of the term handicapped

Use person first language –

individual with a disability or

Person with a disability

General Etiquette

Is compliance too expensive?

What is the cost of compliance in the next picture?

Cost of Compliance

Lack of Planning increases

Drive By “Meal”

Notification, ADA Coordinator & Grievance Procedures

1. To notify applicants, participants, beneficiaries and other interested persons of their rights and the City’s obligations under Title II

2. To designate a responsible person to coordinate efforts to comply with and carry out the City’s responsibilities

3. To establish a grievance procedure for resolving complaints of violations

Facilities

Facilities constructed or altered after January 26, 1992 are readily accessible to and usable by people with disabilities Must comply with the ADA’s new construction or alterations requirements List of facilities before January 26, 1992 that have not had any major remodeling or renovation (EXISTING)

List of facilities that have been constructed after January 26, 1992 or facilities that have had major remodeling or renovation (NEW)

Facility Review

Compliance with the ADA Standards and Title 24 of the California Building Code “Grandfathering” –No such clause or provision Major remodeling or renovations – NEW Standards

Sidewalks and Public Rights of Way

Must be incorporated into the overall Transition Plan Solicit, receive and incorporate input from persons with disabilities Sidewalk accessibility planning Prioritize changes into the Transition Plan List of sidewalks, curbs and intersections that have been constructed or altered since January 26, 1992 Note: filling a pothole is not considered an alteration

Leased Sites

The City must provide access to programs, services and activities even if the City does not own the site and has leased the site. If the City leases a facility or a portion of a site that they own to organizations or private businesses, the City must ensure that the site meets the accessibility requirements of the ADA and California Building Code. Review language in lease agreements.

Special Events

Provide access to accessible restrooms, if provided. Paths of travel Review agreements for special events (golf tournaments, car shows, chili cook-offs, surf events, etc.)

Accessible Locations for Meetings and Events

•Special meetings •Public Hearing and Meetings •“Relocation” of special meetings or Council Meetings •Special events •Public Outreach •Voting

Volunteers

Understanding of nondiscriminatory practices Staff development

Barriers Identified in PROW

Barriers in the Public Right-of-Way (PROW) must be identified in the transition plan.

Communication

Ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids ad services when necessary Provide information in accessible fonts and formats Provide direct access via TTY (text telephone) or computer-to-telephone emergency services To provide signage at all inaccessible entrances to each of its facilities directing users to an accessible entrance or to information about accessible facilities

Emergency Management

Planning & Preparedness Evacuation Shelters-Accessible Medical and Social Services Lodging and Housing Programs Contracts with Other Entities

Web-Based Services and Programs

Information Technology staff to document accessibility review Information disseminated to all employees and contractors information regarding web site accessibility

Service Animals

What is a Service Animal? As of March 15, 2011, only dogs are recognized as service animals under Title II and Title III of the ADA. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Must permit service animals to accompany people with disabilities in public areas

Service Animals

What questions can I ask? 1. Is the animal required because of a disability? 2. What task or service has the animal been

trained to do?

Exception: Animals behavior poses a risk to others

Step 2: Designate an ADA Coordinator

The ADA Coordinator: • Is the designated responsible person to oversee, monitor and

implement the ADA Self-Evaluation and Transition

• Is who the public and stakeholders may contact regarding questions, concerns and complaints

• Serve as the point of contact for complaints related to discrimination regarding persons with disabilities

• Resolves complaints and grievances in a timely manner and documents resolution

Step 3: Post the Required Notices

1. Post the notice of rights and nondiscrimination

2. Post information about the public input process for your ADA Self-evaluation and Transition Plan

(see samples)

Step 4: Do you have a plan?

1. Find out if you currently have an ADA Self-evaluation and Transition Plan a) When was it developed?

b) Self-evaluation?

c) Transition Plan?

d) Is it current?

Step 5: Is your plan comprehensive?

1. Does your Self-evaluation review policies, procedures to determine if any are discriminatory or potentially discriminatory?

2. Does your transition plan identify any potential physical barriers in detail and include the following: a) Noncompliant item or element b) Method or methods to remove the barrier c) Projected schedule for barrier removal d) Designated responsible person to oversee the plan

3. Does your plan include all buildings, facilities, parks and public rights-of-way (sidewalks, curb ramps, intersections, bus stops, crosswalks, street furniture, etc.)

Step 6: Manage and update your plan?

1. Do you have a way to collect as-is field data, process data collected in accordance with applicable standards, and produce reports as needed in a transition plan?

2. Can you print progress reports or document progress? 3. Do you have a method to update your plan? 4. Do you have a method to document corrections when they

are made? 5. Although not required, do you have a way to capture

photos that are directly linked or adjacent to the findings and recommendations?

Step 7: Training

1. Have you provided training to staff regarding the requirements and responsibilities of the ADA?

2. Do you have a plan for ongoing training? 3. Do you document the training you have provided? 4. Do you provide training for volunteers?

Step 8: Incorporate into Daily Activities

1. Have you incorporated ADA compliance activities into day-to-day activities of your organization?

2. Have you reviewed product specifications for ADA compliance? For example, paper towel dispensers, lavatories, etc.

3. Have you reviewed design specifications for compliance?

4. What is the process and procedure to document ongoing compliance (maintenance of accessible features).

Step 9: Accessibility Awareness

1. Have you increased your “accessibility awareness” of required accessible items and elements?

a) Operation with a closed fist b) Round door handles c) Blocked paths of travel d) Protruding objects e) Tripping hazards

2. Who do you report the above nonaccessible items to?

Step 10: Document Compliance

1. Do you monitor, track and document your compliance efforts?

2. Do you keep your plan current?

3. Who is responsible for keeping the plan current?

Successful Ride to ADA Compliance

PERMA

Having a Plan and Working your Plan

Compliance, peace of mind and lower risk

Calm Seas …Compliance with the ADA. Every Surfer needs a rest and peace of mind.