Low Cost Strategies for ADA Compliance - Gallagher · Low Cost Strategies for ADA Compliance BARBARA THORPE | JULY 2015 . Q: ... #3 Attorney’s Dream Account #2 Another Darn Attorney

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Community College Risk Management Consortium

July 23 – 24, 2015

Low Cost Strategies for ADA Compliance BARBARA THORPE | JULY 2015

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Americans with Disabilities Act Low Cost Compliance Strategies

•  Policy and Procedures

•  Required Notices and Postings •  Programmatic vs. Structural Compliance •  Low Cost Structural Compliance Activities

•  10 Strategies for Compliance

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Top Ten Answers Besides the Americans with Disabili3es Act, what do you think

of when you hear the ADA?


The #1 Answer is …

The American with Disabilities Act

Top Ten Answers


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 and has received public input

10 Strategies for Compliance


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 state building codes

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

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

10 Strategies for Compliance Continued…


We Care & We Want to Comply


Accessible Parking?



Step 1: Understand the ADA & What is Required?

•  Civil Rights Law –July 26, 1990

•  ADA Amendments Act of 2009

•  Prohibits discrimination based on disability

•  Access to Programs, Services, Activities & Special Events

•  Persons with Disabilities –  Physical, cognitive, visual, hearing, sensory

Program, Service

& Activity


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


•  Title II of the ADA – State and Local Governments – Applies to City and County Governments, Colleges, Schools and other public entities

•  Required for federal and state funding

Legal Requirement


•  Section 504 of the Rehabilitation Act of 1973

•  Similar requirements to the ADA

•  Recipients of Federal Funding

•  ADA Self-evaluation and Transition Plan meets requirements of Section 504

Relationship to Other Laws


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 EQUAL ACCESS


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

Self-evaluation

Transition Plans

What do you need to know?


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 interior and exterior of buildings, paths of travel, parking, etc.

What is required?


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


$$$$ Lost Due to Litigation ü Public entities are spending funds for legal fees ü Staff are having to divert limited time and resources to

prepare and collect documents for discovery requests

ü Depositions by Staff

ü Preparation for trial

ü Consent decrees and tolling agreements

ü Required to complete a plan

ü Monitoring by Plaintiff and dollars paid


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 25 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”


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


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


Accommodations Statement - Sample If you are a person with a disability and need an accommodation to participate in Community College 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 Disability Etiquette


Terminology

Words

Positive language empowers.

When writing or speaking about people with disabilities, it is important to put the person first.

Group designations such as "the blind," "the retarded" or "the disabled" are inappropriate because they do not reflect the individuality, equality or dignity of people with disabilities.


Definition of Disability Expanded under the ADA Amendments Act of 2008

Broader definition (a few examples)

Aids, alcoholism, asthma, blindness, cancer, depression, diabetes, epilepsy, hearing or speech impairments, heart disease, migraine headaches, multiple sclerosis, muscular dystrophy, paralysis, complications from pregnancy, thyroid gland disorders, tuberculosis, etc. etc.


Definition of Disability

“Substantially Limits” one or more “major life activities”

Record of such an impairment;

Or

Regarded as having the impairment

Affirmative Phrases Negative Phrases person with an intellectual, cognitive, developmental disability

retarded; mentally defective

person who is blind person who is visually impaired

the blind

person with a disability the disabled; handicapped person who is deaf the deaf; deaf and dumb person who is hard of hearing suffers a hearing loss person who has multiple sclerosis afflicted by MS person with cerebral palsy CP victim person with epilepsy, person with seizure disorder

epileptic

person who uses a wheelchair confined or restricted to a wheelchair; wheelchair bound

person who has muscular dystrophy stricken by MD

person with a physical disability crippled; lame; deformed unable to speak, uses synthetic speech dumb; mute

person with psychiatric disability crazy; nuts


Resource Materials Available

Information at the front desk reception areas and other high public use areas:

Information identifying the ADA Coordinator Contact information

Respond to requests for the ADA Coordinator (follow-up if not available to someone else to assist)

Assist with requests for grievance/complaint policies and forms


Is compliance too expensive?

What is the cost of compliance in the next picture?

Cost of Compliance


Lack of Planning increases cost


Drive By “Meal”


Notification, ADA Coordinator & Grievance Procedures

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

2.  To designate a responsible person to coordinate efforts to comply with and carry out the Community College’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 State Building Codes “Grandfathering” – No such clause or provision Major remodeling or renovations – NEW Standards


Barriers Identified in PROW

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


Leased Sites

The Community College must provide access to programs, services and activities even if the Community College does not own the site and has leased the site.

If the Community College leases a facility or a portion of a site that they own to organizations or private businesses, the Community College must ensure that the site meets the accessibility requirements of the ADA and state building codes.

Review language in lease agreements.


Accessible Locations and Information Regarding Meetings and Events

• Special meetings

• Public Hearing and Meetings

• Relocation of special meetings or Council Meetings

• Special events

• Public Outreach

• Voting

• Accessible Formats for Persons with Disabilities


Special Events Site plan should show all accessible elements

Provide information regarding accessibility on your website

Provide access to accessible restrooms, if provided

Paths of travel & signage designating routes

Assistive listening devices

Review agreements for special events on campus or sponsored by the Community College


Emergency Management

Planning & Preparedness

Evacuation

Shelters-Accessible

Medical and Social Services

Lodging and Housing Programs

Contracts with Other Entities


Volunteers

Understanding of nondiscriminatory practices Staff development

ADA Requirements General Understanding of the ADA Terminology Assisting Persons with Disabilities


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


Auxiliary Aids-Effective Communication Interpreters Video Remote Interpreters Note Takers Real-Time computer-aided transcription services Written materials Assistive Listening Devices Assistive Listening Systems Videotext displays Readers & Magnification Braille Large Print Signing Guide


Accessible Fonts 1.  Use real text rather than text within graphics. 2.  Select basic, simple, easily-readable fonts. 3.  Use a limited number of fonts. 4.  Ensure sufficient contrast between the text and the

background. 5.  Avoid small font sizes. 6.  Use relative units for font size. 7.  Limit the use of font variations such as bold, italics, and ALL

CAPITAL LETTERS. 8.  Don't rely only on the appearance of the font (color, shape,

font variation, placement, etc.) to convey meaning. 9.  Avoid blinking or moving text.


Font Readability

Arial Book Antiqua Comic Sans MS Georgia Courier New Tahoma Times New Roman Trebuchet MS Verdana etc.


Font Families

Most Common:

•  Serif- Flared extensions, strokes, tips of letters

•  Sans-serif- plan endings, blockier (Sans means

“without” and Serif refers to the extra strokes

•  Cursive- poor choice, difficult to read

•  Fantasy-decorative, poor choice for accessibility

•  Monospace-each letter even space of width


Accessible Fonts for Screen Readers

Veranda-popular for on-screen viewing Simple straight forward design and the characters and glyphs are not easily confused. For example, the uppercase “I” ad the lower-case “L” have unique shapes, unlike Arial in which the two glyphs may be easily confused. Arial: Illustration Tahoma: Illustration (tighter than Veranda-accessible) Veranda: Illustration Veranda is also a larger font than Arial. Arial is a smaller font than Veranda.


Screen Readers

Text can be transformed into sound through voice synthesizers in screen readers.

Text can also be enlarged by screen enlargement or magnification software without any loss of quality.

Two reasons to have text in accessible formats in order to be accessible without loss of quality.

Best to use “real” text instead of text “within” images.


Website Accessibility

Information Technology staff to document accessibility review

Require any outside vendors to provide compliant website

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


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 Compliance 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?


Compliance with the ADA = Risk Management

Designate an ADA Coordinator Assess Potential Barriers Develop a Plan and Work your Plan Timeline to Remove Barriers Document Barrier Removal

Lower Your Risk

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Thank You Barbara Thorpe Disability Access Consultants (DAC) (800) 743-7067

Documents

Low Cost Strategies for ADA Compliance - Gallagher · Low Cost Strategies for ADA Compliance BARBARA THORPE | JULY 2015 . Q: ... #3 Attorney’s Dream Account #2 Another Darn Attorney