with ADA Implementing Maintaining ADA Self Evaluation...

Americans with Disabilities Act

ADA

Accessibility Resource Materials

Developing, Implementing and Maintaining

your ADA Self‐Evaluation and Transition

Plan

Prepared and presented by

Disability Access Consultants and Alliance for Schools for Cooperative

(800) 743‐7067 Insurance Programs

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WHAT IS THE ADA?

The ADA is a wide‐ranging civil rights law that prohibits discrimination based on disability. It affords similar

protections to the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national

origin, and other characteristics illegal. Disability is defined by the ADA as "...a physical or mental

impairment that substantially limits a major life activity." The determination of whether any particular

condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded

as disabilities, such as current substance abuse and visual impairment that is correctable by prescription

lenses.

The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. It

was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes

effective January 1, 2009.

CIVIL RIGHTS LAW

The Office for Civil Rights enforces Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, Title II of

the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., and Section 1557 of the Patient

Protection and Affordable Care Act, 42 U.S.C. 18116. Section 504 obligates recipients of Federal financial

assistance to ensure that persons with disabilities have equal access to their programs, services, activities,

and facilities. Similarly, Title II obligates all state and local governments, including those that receive no

federal financial assistance, to ensure that persons with disabilities have equal access to their programs,

services, activities, and facilities. Section 1557 provides that an individual shall not be excluded from

participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited

under, among other laws, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, under any health

program or activity, any part of which is receiving federal financial assistance, or under any program or

activity that is administered by an Executive Agency or any entity established under Title I of the Affordable

Care Act or its amendments.

REQUIREMENTS OF THE ADA FOR PUBLIC ENTITIES

Title II prohibits disability discrimination by all public entities at the local (i.e. school districts, municipalities,

city and county governments, park districts, water districts) and at the state level. Public entities must

comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all

programs, services and activities offered by the entity.

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the public entity's size or receipt of

Federal funding. Title II requires that State and local governments give individuals with disabilities an equal

opportunity to benefit from all of their programs, services, and activities.

State and local governments are required to follow specific architectural standards in the new construction

and alteration of their buildings. They also must relocate programs or otherwise provide access in

inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech

disabilities. They are required to make reasonable modifications to policies, practices, and procedures

where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally

alter the nature of the service, program, or activity being provided.

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TITLES OF THE ADA

There are five titles of the ADA.

Title I: Employment

Title II: State and Local Governments

Title III: Public Accommodations

Title IV: Telecommunications

Title V: Miscellaneous

Public entities, such as cities and other local governments are primarily concerned with Title II of the ADA

which prohibits discrimination and requires access to programs, services and activities of the public entity.

In essence, the ADA provides that persons with disabilities have the same opportunities as persons without

disabilities.

Public entities must also be aware that they may need to meet Title III requirements for vendors,

concessions or private businesses that provide services to the agency that are open to the public.

Public entities are not required to take actions that would result in undue financial and administrative

burdens. The concept of undue burden is difficult to use primarily due to the amount of money allocated in

public agency budgets during the passage of the ADA. The test for undue burden is difficult for the public

entity as the cost for the accessibility improvements is compared to the public agency’s overall budget, not

just a single project cost.

Noncompliant remodeling or renovation provides a difficult situation for a public entity and makes it hard

for the public entity to explain why they are building barriers when they “have limited or no money.”

ADA Title II: Public Transportation

The transportation provisions of Title II cover public transportation services, such as buses. Agencies

operating public transportation may not discriminate against people with disabilities in the provision of their

services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith

efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and,

unless it would result in an undue burden, provide paratransit where they operate fixed‐route bus systems.

Paratransit is a service where individuals who are unable to use the regular transit system independently

(because of a physical or mental impairment) are picked up and dropped off at their destinations.

SELF‐EVALUATION AND TRANSITION PLAN

A comprehensive plan includes two components that involve a review of policies, procedures, practices and

programs and a review and identification of physical barriers that may deny access for individuals with

disabilities.

Self‐evaluation: Reviews policies, procedures, programs, services and activities to determine if any are

discriminatory or potentially discriminatory. Policies and procedures may include, but are not limited to, a

review of grievance procedures, communication, alternate formats, surcharges, emergency evacuation,

auxiliary aids, procedures for use of facilities and other related areas. The self‐evaluation works with and

incorporates findings identified in the transition plan.

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Transition plan: Identifies any physical barriers that may deny access to a person with a disability. The

required components of the transition plan are identified in the section below. The term transition plan

comes from the terminology of “transitioning” into compliance. The term was originally used during the

transition into compliance from 1992 to 1995. Title II public entities were required to “transition” into

compliance during this timeframe. The transition plan outlines in detail the steps necessary to remove

structural barriers found in facilities to achieve program accessibility.

Public input is required, in accordance with the ADA. The methods for collecting public input may vary

depending upon the needs of each public entity. Methods may include a posting on the website asking for

input regarding the transition plan study and asking the public for comments regarding the study and other

areas. Other “opportunities for input” may include on‐line surveys, surveys, phone calls, email and in‐

person meetings. A council or board meeting is not required. The input collected is required to be saved and

incorporated into the ADA plan.

REQUIREMENTS OF A TRANSITION PLAN

There are four requirements in order to have valid transition plan. The four requirements that the transition

plan must have in accordance with Title II of the ADA are:

1. Identification of the noncompliant finding or barrier

2. The proposed method or methods to remove the barrier

3. The projected schedule for barrier removal

4. The identification of the designated person or persons to oversee and implement the plan (this is

usually the ADA Coordinator)

It is important that the noncompliant findings in the transition plan (barrier removal plan) contain detailed,

as‐is findings. The actual findings allow the public entity to make informed decisions regarding the severity

of the noncompliance and to determine the priority of the barrier. The use of “yes” and “no” findings and

checklists do not allow for informed decisions. For example, if a finding is that the restroom is not accessible,

it is important to know what is not accessible. Is the noncompliant finding due to the door, clear floor space

or the height of the paper towel dispenser? Another example is that of parking. Whether the width of the

parking is 107 1/2 (1/2 inch short of the required width) or 99 inches makes a big difference when assigning

priorities in the transition plan. Thus it is important to collect inspection data that provides the as‐is

condition.

AREAS TO BE INCLUDED IN A TRANSITION PLAN

All areas should be included in the transition plan and would include facilities, parks, recreational facilities,

buildings owned by the public entity and public rights‐of‐way. Due to litigation several years ago, inclusion

of the public rights‐of‐way into the transition plan became a requirement Thus, a detailed analysis of

sidewalks, intersections, bus shelters, street furniture and other public rights‐of‐way (PROW) items and

elements are required to be included in the transition plan.

TEN (10) IMPORTANT STEPS FOR COMPLIANCE

1. Identify or appoint an ADA Coordinator

2. Post the identity of the ADA Coordinator on the agency website, at locations and in publications

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3. Find out if your agency has completed and ADA self‐Evaluation and transition plan

4. Make sure your Self‐Evaluation and Transition Plan includes all areas required (including public rights‐of

way, such as sidewalks, curb ramps, intersections, bus stops, street furniture)

5. Review a copy of the transition plan to see if it meets the minimum requirements

6. Provide training to the ADA Coordinator and administrative staff

7. Provide specific training to maintenance, operations and facilities regarding the requirements of the

ADA and Title 24 of the California Building Code. Training, over time, will be proactive and will build

the internal oversight and improve compliance.

8. Incorporate ongoing compliance with the day‐to‐day activities and planning, such as product

specifications and purchasing, work orders, repairs and maintenance. Heavy door pressures can be

noted and incorporated into regularly scheduled maintenance. Many items can be incorporated

into a safety check to remove low cost barriers on a regular basis.

9. Increase your “accessibility awareness” by thinking about accessibility and heightening your

awareness by analyzing how you would operate a control with a closed fist and how you would open

a door with round door handles. Be observant of blocked paths of travel, protruding objects and

tripping hazards.

10. Document your compliance efforts

WHY A SELF‐EVALUATION AND TRANSITION PLAN

An ADA self‐evaluation and transition plan is needed for many reasons:

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

Lack of a plan places the public entity in a harder to defend position

The public entity is more likely to be a target for litigation

Violation of not having the required ADA self‐evaluation and transition plan may impact self‐

insurance coverage

NOTICE OF THE ADA COORDINATOR

Federal regulations require public entities to make available to interested persons the name, office address

and telephone number of the ADA coordinator (28 CFR §35.107(a)).

In addition, Section 35.106 requires a public entity to disseminate sufficient information to applicants,

participants, beneficiaries and other interested persons to inform them of the rights and protections

afforded by the ADA. Furthermore, in providing for notice, the public agency must comply with the

requirements for effective communication in Section 35.160.

Designating an ADA Coordinator

If a public entity has 50 or more employees, it is required to designate at least one responsible employee to

coordinate ADA compliance. A public entity may elect to have more than one ADA Coordinator. Although

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the law does not refer to this person as an “ADA Coordinator,” this term is commonly used in local

governments across the country.

The ADA Coordinator is responsible for coordinating the efforts of the public entity to comply with Title II

and investigating any complaints that the entity has violated Title II. The name, office address, and telephone

number of the ADA Coordinator must be provided to interested persons.

Notice of ADA Provisions

The second administrative requirement is providing public notice about the ADA. The ADA notice

requirement applies to all state and local governments covered by Title II, even localities with fewer than

50 employees.

1. What information should the notice include?

The notice is required to include relevant information regarding Title II of the ADA, and how it

applies to the programs, services, and activities of the public entity.

An effective notice states the basics of what the ADA requires of the state or local government

without being too lengthy, legalistic, or complicated. It should include the name and contact

information of the ADA Coordinator. The contact information should include a phone number, a fax

number, physical address and email address. The more information and methods to contact the

ADA Coordinator will allow for greater accessibility to the ADA Coordinator.

The Department of Justice model for “Notice under the Americans with Disabilities Act” is a one

page document in a standard font, and includes brief statements about:

Employment

Effective communication

Making reasonable modifications to policies and programs

Not placing surcharges on modifications or auxiliary aids and services

Filing complaints.

2. How and where should the notice be provided?

It is the obligation of the head of the public entity to determine the most effective way of providing

notice to the public about their rights and the public entity’s responsibilities under the ADA.

Publishing and publicizing the ADA notice is not a one‐time requirement. State and local

governments should provide the information on an ongoing basis, whenever necessary. If you use

postings in conspicuous locations, the newspaper, publications or mailings, re‐publish and re‐post

the notice periodically.

3. Some Ways to Provide Notice to Interested Persons

The Department of Justice recommends the following methods to provide notice:

Include the notice with job applications

Publish the notice periodically in local newspapers

Broadcast the notice in public service announcements on local radio and television stations

Publish the notice on the government entity’s website (ensure that the website is accessible)

Post the notice at all facilities

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Include the notice in program handbooks

Include the notice in activity schedules

Announce the notice at meetings of programs, services, and activities

Publish the notice as a legal notice in local newspapers

Post the notice in bus shelters or other public transit stops

The information must be presented so that it is accessible to all. Therefore, it must be available in alternative

formats.

Examples of Alternative Formats

Audio tape or other recordings

Radio announcements

Large print notice

Braille notice

Use of a qualified sign language interpreter at meetings

Open or closed‐captioned public service announcements on television

ASCII, HTML, or word processing format on a computer CD

HTML format on an accessible website

Advertisements in publications with large print versions

ACCEPTABLE TERMINOLOGY AND EXPRESSIONS

One method to enhance your ADA compliance is to review your documents and publications for acceptable

terminology. It is also important to include acceptable terminology in your staff development activities

throughout your entity to ensure that acceptable terminology is integrated into all areas, divisions and

departments.

Some recommendations include:

Put the person before the disability. For example, use "people with disabilities" as opposed to

"disabled people" or "the disabled."

Do not use phrases such as "confined to a wheelchair," "crippled," "afflicted," "victim of" or "suffers

from a disorder." These references diminish the individual’s dignity and magnify the disability.

Instead, refer to "the person who uses a wheelchair" or "the person with an emotional disorder."

Avoid using trendy euphemisms to describe people with disabilities. Expressions such as "physically

challenged," "special" and "handi‐capable" generally are regarded by the disability community as

patronizing and inaccurate. Stick with simple language, such as "people with disabilities" or "the

person who is deaf."

Deaf refers to profound hearing loss. "Hard of hearing" may be used to describe any degree of

hearing loss, from slight to profound. Avoid using "hearing impaired."

Impairment is used to characterize a physical, mental or physiological loss, abnormality or injury

that causes a limitation in one or more major life functions. For example, "The loss of her right arm

was only a slight impairment to her ability to drive."

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Disability refers to a functional limitation that affects an individual’s ability to perform certain

functions. For example, it is correct to say, "Despite his disability, he still was able to maintain

employment."

Handicap describes a barrier or problem created by society or the environment. For example, "The

teacher’s negative attitude was a handicap to her." Or, "The stairs leading to the stage were a

handicap to him."

Blind most frequently is used to describe a severe vision loss. Either blind or low vision is an

acceptable term to describe all degrees of vision loss.

Developmental disability is any severe mental and/or physical disorder that began before age 22

and continues indefinitely. Individuals with mental retardation, autism, cerebral palsy, epilepsy and

other similar long‐term disability may be considered to have developmental disabilities.

Mental illness is a term describing many forms of illnesses such as schizophrenia, depression and

emotional disorders. Use "person with a mental disability" rather than referring to an individual as

"deranged" or "deviant." Clinical terms such as "neurotic" and "psychotic" should be used only for

clinical writing. Other terms such as "demented," "insane," "abnormal," "deranged" and "mad"

often are used incorrectly and should be avoided.

TOLERANCES

A common misperception is that accessible items and elements that are constructed can have a “tolerance”

applied that allows for deviations from the code. Deviations from code should not be an excuse for poor

construction, especially in new construction.

The ADA Standards have “ranges” built into the code for acceptable and compliant measures of deviation.

For example, handrails can be at a height of between 34 to 38 inches. In essence, this range is the tolerance

and does not extend beyond the 34‐38 inch range.

In a few cases that are applied only on a case‐by‐case basis, a deviation or tolerance may be applied in cases

where it is technically infeasible or may cause significant undue burden. The application of the concept of

technically infeasible is limited and should only be applied in very unique situations.

The Division of the State Architect has issued an Interpretive Regulation to clarify the limited circumstances

in which a deviation for the code may be acceptable.

It is important to note that potentially any deviation from the code may result in litigation. Cases of

deviations as small as ¼ inch have resulted in lawsuits.

Thus, it is important to build oversight measures into your organization and develop the internal capacity to

prevent situations of code deviations from happening when possible. Prevention, especially in this case, is

worth the effort.

PREVIOUS, CURRENT AND PLANNED COMPLIANCE ACTIVITIES

Documentation of previous, current and planned compliance activities is important. Developing a

comprehensive but realistic ADA implementation plan serves as a useful tool for the public entity. It is

recommended that the implementation plan be contained in an accessibility management software

program that allows for easy management of the plan, updates and documentation of the plan. The ADA

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implementation plan should include current and planned activities phased in over time. The implementation

plan should be based upon public input, the severity of the actual finding and prioritized findings. Previous

compliance activities should also be documented. If the public entity has gone above and beyond the

requirements and has provided extra compliance assistance or measures, they should also be documented

to show the commitment of the public entity for access by individuals with disabilities.

BARRIERS – PROGRAMMATIC OR PHYSICAL

Barriers for persons with disabilities are not only physical, but may be programmatic. In addition to a

physical or structural barrier, a policy or requirements of a program, for example, may be discriminatory or

potentially discriminatory.

A public entity may not adopt official policies that are discriminatory or engage in practices that are

discriminatory. This prohibition applies to policies that are explicitly exclusionary and to those which appear

to be neutral but have a discriminatory effect (28 CFR §35.130(b)(3)).

PROVIDING SERVICES FOR INDIVIDUALS WITH DISABILITIES

Some general guidelines for providing services include:

Do not assume that a person with a visible disability will need special assistance.

Do not assume that a person with no visible disability will not need an accommodation.

If you see that a person may need assistance, ask how you might be of help.

Always speak directly to the person you are helping, not to their companion, assistant or interpreter.

Be patient – relax and be prepared to spend a little extra time with communication and assistance.

Make reasonable modifications to policies, practices, and procedures when necessary, unless doing

so would fundamentally alter the nature of the service, program or activity being provided.

Install clear directional signage to make it easier for people with a variety of disabilities to navigate.

Signage with universal and easily recognizable symbols is readily available.

Provide assistive technologies that make it possible for users with disabilities to use materials and

participate in public programs.

Establish relationships with local agencies or service providers as a source of information about how

to provide appropriate services, and to develop a good system of information and referral for users.

Include people with disabilities in planning for and providing services appropriate to the needs of

their communities.

Never pet or talk to service animals when they are working.

If a person is deaf, be certain to have his or her attention before speaking to enable lip reading and

keep your face visible.

Offer to communicate in writing if needed.

If a person uses an interpreter, speak directly to the person not the interpreter.

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If a person is deaf, blind or deaf and blind, ask what will help you communicate. Many times the

person will explain what to do.

For a person with speech difficulties, never assume the person also has a developmental disability.

LEASED SITES

The ADA may place the legal obligation to remove barriers or provide auxiliary aids and services on the

landlord, the tenant or both. The landlord and the tenant may decide by terms in the lease who will actually

be responsible, but both may be legally responsible. In any case, the responsibility for compliance may exist

with the landlord, the tenant, or both the landlord and the tenant. As a Title II public entity you are held to

a higher standard and you have an obligation to ensure that your programs, services and activities are

accessible for persons with disabilities.

As a public entity, you may lease space to fulfill the needs of your programs, services or activities. Or, you

may lease space owned by you to outside individuals, firms, organizations or commercial businesses. In any

case, the leased space is required to be accessible.

One preventative way to avoid leasing space in a noncompliant facility is to conduct a pre‐lease inspection

of the potential location to determine if the site is accessible. Just because the potential landlord says the

site is accessible is not good enough and you may inherit some or all of the liability. If the landlord states in

the lease that they are responsible to comply with federal and state accessibility standards, it is important

to verify that the site is compliant prior to putting the lease on the agenda for approval or entering into the

lease. As a Title II public entity, you have a higher level of responsibility to ensure that your programs,

services and activities are accessible. On the other hand, it is also imperative that any space or sites that you

lease is accessible.

The development of a pre‐lease procedure, process or checklist will also assist in leasing accessible locations

from others. Internalizing the procedure and process across the public entity will help prevent leasing

nonaccessible locations and spaces.

MAINTENANCE OF ACCESSIBLE FEATURES

Accessible features must be maintained by the public entity in accordance with 35.133 of the ADA. For

example, striping at accessible parking spaces cannot become faded and worn. Elevators and lifts must be

maintained in working order. Other compliance areas also need to be maintained to avoid “administrative

failure.” An example of administrative failure might include the site administrator or staff allowing a garbage

dumpster to be “parked” in the accessible parking space and stating the reason it is allowed is because “we

don’t have any of those people” here.

SPECIAL EVENTS

Your event plans must comply with all city, county, state and federal disability access laws and regulations

applicable to your proposed event activities. All temporary venues, related structures, and outdoors sites

associated with your event need to be accessible to persons with disabilities. If an area is not accessible, an

alternate area must be provided with the same activities that are in the inaccessible areas. However, these

activities must not be offered only to patrons with disabilities.

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During the planning phase, it is important that you evaluate the unique components and activities

associated with your proposed event to develop plans to ensure your event complies with all accessibility

laws. The following guidelines have been established to help develop plans to make your event accessible

to the attendees, participants, and service providers that are part of your event.

ACCESSIBLE LOCATIONS FOR MEETINGS

One of the fundamental rights of citizens in this country is the opportunity to participate in government,

including participation in public meetings. Both state and federal laws guarantee this right. California

Government Code Section 11135 and the Americans with Disabilities Act (ADA) require that an individual

with a disability not be denied the opportunity to participate in any government program, service or activity

because a public entity's facilities are inaccessible. The Bagley Keene Open Meeting Act and the Brown Act,

as amended by AB 3035, specifically require that a public entity ensure that individuals with disabilities are

not denied physical or communication access to public meetings. Furthermore, a public entity must ensure

that its communication with members of the public with disabilities is as effective as its communication with

others.

When planning public meetings, public entities must assure that the meetings are accessible to members of

the public who have a disability. Accessible public meetings require not only physical access to the meeting

facility, but access to the information communicated through the meeting. This information bulletin is

designed to identify the primary areas of concern related to public meetings, responsibilities of the meeting

planner, and alternatives for providing solutions.

Selecting An Accessible Meeting Location

All public meetings must take place in locations that are accessible to persons with disabilities. All parts of

the building do not need to be accessible but the parking (if provided), the path of travel into and through

the facility, the meeting area, and the restrooms must be.

Public Meeting Notices

The Department of Justice encourages the use of a simple, uncluttered page design for written meeting

announcements. It is recommended that the font be clear and simple such as Arial or Courier and be in a

contrasting color to the paper to increase its legibility for readers with low vision. Be aware that some

software programs may not allow people using assistive devices such as screen readers to read a document.

Be prepared to design forms that can be made accessible or post or have available a word version of the

agenda, if needed for an accommodation. Include the name and telephone number of the contact person

and timelines for requesting accommodations needed as well as a TTY number that can be used by

individuals with hearing impairments. The following is a sample notice:

“If any accommodations are needed, please contact (individual’s name) at (telephone number

and TTY). Requests should be made as soon as possible but at least (time frame) prior to the

scheduled meeting.”

Designate an individual to be responsible for ensuring the meeting notice and other written materials

contain the proper information for requesting accommodations and for processing the requests when they

are received.

Alternative Formats

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Written materials that are distributed to members of the public, such as the agenda and other materials

distributed at a public meeting are subject to the requirement of that communication be equally effective

for persons with disabilities. (U.S. Department of Justice, ADA, Title II Technical Assistance Manual (TAM)

§7.1000). Thus, upon receipt of a specific request, a public entity that provides information in written form

must make that information available to individuals in a form that is usable by them. (TAM) §7.1000). Such

alternative formats may include computer cd, audiotape, large print, or Braille. The type of format necessary

to ensure effective communication will vary with the individual's needs and the length and complexity of

the communication involved.

According to the Department of Justice, the public entity should provide an opportunity for individuals with

disabilities to request the alternative format of their choice. An interactive discussion with the individual is

encouraged when clarification regarding the type of alternative format to be provided is needed. This

discussion may result in identifying practical options for the public entity that are also suited to meet the

requestor's needs. According to the U.S. Department of Justice, the expressed choice of the individual with

a disability must be given primary consideration unless the public entity can demonstrate that another

effective means of communication exists.

Although providing documents in alternative formats may result in some additional cost, a public entity may

not place a surcharge on individuals with disabilities to cover these expenses. If a document is available to

the public free of charge, it must also be available in an alternative format free of charge. If a fee is charged

for documents provided to the general public, this fee must be the same for those documents when

provided in alternative format.

Auxiliary Aids and Services

Upon receipt of a specific request, it may be necessary to provide auxiliary aids and services to individuals

with disabilities to allow full participation in the public meeting. These include, but are not limited to:

Sign language interpreters ‐ A qualified interpreter is an individual who is able to interpret

effectively, accurately and impartially, both receptively and expressively, using any specialized

vocabulary that may be necessary.

Audio tapes ‐ Providing materials in a recorded audio format is a method of making information

accessible to persons who have visual, learning, and physical disabilities. Audio material is

commonly recorded on cassette tapes, but it may also be stored on CD‐ROM.

Real‐time transcription ‐ A method to make information available to hearing impaired persons by

which the verbal input from the meeting is directed to a computer which displays a running

transcript, with the actual words, much like closed‐captioning on a television.

Assistive listening devices (ALD) ‐ A communication system that enables hard‐of‐hearing people to

better comprehend speech or music. The four main types of ALDs are: Acoustic, Frequency

Modulated, Induction (Loop) and Infrared.

Open or closed captioning and caption decoders for videos ‐ Open captions are captions that have

been decoded, so they are part of the television picture, like subtitles in a movie. Open captions

cannot be turned off. Closed captions are captions that are hidden in the video signal, invisible

without a special decoder to decipher them.

Meeting Rooms

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Arrange all meeting rooms with consideration for persons with disabilities. All public meeting space should

be wheelchair accessible. This area should include integrated wheelchair seating, turning room, and aisle

space (Title 24,CCR §1118B).

VOTING

Many public entities provide locations for voting. Along with ensuring accessible parking and path of travel

to the polling area, elections officials may wish to consider additional means of accommodation inside the

voting area to enhance accessibility for elderly voters and voters with disabilities. Potential accommodations

inside the voting area on Election Day that elections officials may want to consider include:

The complete guideline document produced by the California Secretary of State may be found at

http://www.sos.ca.gov/elections/polling‐place‐accessibility/guidelines/entire‐guidelines‐final‐march‐

2010.pdf

CONSTRUCTION AND REMODELING

The ADA Compliance Resource Manual does not contain all of the specific ADA 2010 accessibility standards

and California Building Code Standards, but provides an overall framework of some of the requirements.

Refer to the specific links provided for the Access Board, Department of Justice and the Division of State

Architect for more specific requirements.

What are the Requirements for New Construction?

All newly constructed places of public accommodation and commercial facilities must be accessible to

people with disabilities to the extent that it is not structurally impractical. The new construction

requirements apply to any facility occupied after January 26, 1993, for which the last application for a

building permit or permit extension is certified as complete after January 26, 1992. New construction should

meet the accessibility requirements. In reality, however, some new construction is not compliant. It is

important to remember that just because it is new construction does not guarantee that it is compliant.

Sometimes architectural plans are not compliant, or the plans are compliant and they are not built according

to the plan or items are missed by the inspector of record.

Structurally impractical is only considered in rare instances where the unique features of the terrain or other

factors such as environmental issues prevent the use of accessibility features. The 2010 ADA Standards can

be found on the Department of Justice website.

What About Alterations?

Alterations made after January 26, 1992 in existing places of public accommodation and commercial

facilities must be accessible to the maximum extent possible. Here again, the architectural standards for

accessibility in alterations are contained in the ADA Standards.

An alteration is a change that affects the use of a facility. For example, if during the course of the remodeling

of an entrance, a new doorway is added, the new doorway must meet the current ADA standards and state

standards.

When alterations are made in the primary function area, such as the lobby an accessible path of travel to

the altered areas, and the bathrooms, telephones and drinking fountains serving that area, must be made

accessible to the extent that the accessibility costs are not disproportionate to the overall costs of the

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original alteration. If the added costs exceed 20 percent of the original alteration, they are considered

disproportionate.

Alteration to windows, hardware, controls, electrical outlets and signs in primary function areas may not

trigger the need for an accessible path of travel.

Assistive Listening

The terms assistive device or assistive technology can refer to any device that helps a person with hearing

loss or a voice, speech, or language disorder to communicate. These terms often refer to devices that help

a person to hear and understand what is being said more clearly or to express thoughts more easily. With

the development of digital and wireless technologies, more and more devices are becoming available to

help people with hearing, voice, speech, and language disorders communicate more meaningfully and

participate more fully in their daily lives.

Assistive Listening Systems are required in each assembly area where audible communication is integral to

the use of the space. The only exception is where audio amplification is not provided.

Types of Assistive Listening Devices:

Personal Amplifiers: Amplifies one‐on‐one or small group conversations. Good solutions for people that

need some amplification but are not able or do not wish to pursue hearing aids. Some systems can be used

in conjunction with hearing aids to enhance listening in more problematic environments, such as in the

presence of noise or at a distance from a speaker. These systems are typically Hard Wired Systems ‐ this is

where a microphone is attached by a thin cable to the receiver, typically headphones. This can be useful for

one‐on‐one conversation at short distances. It can be used for improved listening of the television, radio,

CD players, MP3 player, etc. There is limited mobility as you have to be within the length of the cable to

what you are attempting to listen to. Wireless FM Systems

Wireless FM System: A wireless system where the signal is transmitted from the person speaking to the

individual by an FM radio signal. The receiver can be a body worn device with headphones. The signal can

also be sent directly to the individual’s behind‐the‐ear hearing aids with a small receiver “booted” directly

to the hearing aid. An in‐the‐ear hearing aid may be coupled with an FM system via the hearing aid’s telecoil.

This system is often used in classrooms for the hearing impaired and can be used at meetings, lectures and

sermons. This system is ideal for overcoming distance and background noise and is a great solution for those

where these types of environments are very problematic.

Induction Loops or neckloops: An electromagnetic field is produced and it is picked up by a special receiver.

The receiver could be headphones or the listener's hearing aid. The individual’s hearing aid must be

equipped with a manual telecoil to communicate with a loop system. Audiologists can assist the individual

in setting up the telecoil function on their hearing aid. Larger loops can be wired into meeting rooms or

theatres. Small neckloops can be worn around the neck and plugged into an audio device such as a cell

phone, amplified listener, computer, MP3 player, etc. A Bluetooth™ neckloop connects almost any

Bluetooth™ device wirelessly with your hearing aids via the hearing aid’s telecoil. This device would allow

Audiologists to set up the person’s hearing aid to communicate with any Bluetooth™ enabled device such

as cell phone, laptop, MP3 player, etc.

Infrared systems: These systems use infrared light to transmit sound. A transmitter converts sound into a

light signal and beams it to a receiver that is worn by a listener. The receiver decodes the infrared signal

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back to sound. As with FM systems, people whose hearing aids or cochlear implants have a telecoil may also

wear a neckloop or silhouette inductor to convert the infrared signal into a magnetic signal, which can be

picked up through their telecoil. Unlike induction loop or FM systems, the infrared signal cannot pass

through walls, making it particularly useful in courtrooms, where confidential information is often discussed,

and in buildings where competing signals can be a problem, such as classrooms or movie theaters. However,

infrared systems cannot be used in environments with too many competing light sources, such as outdoors

or in strongly lit rooms.

AUXILIARY AIDS AND SERVICES

Auxiliary Aides include qualified interpreters, note takers, computer‐aided transcription services, written

materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones

compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications

devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered

materials available to individuals with hearing impairments. Additional auxiliary aides include qualified

readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods of

making visually delivered materials available to individuals with visual impairments. The number of Auxiliary

Aides is vast. To ensure you are providing the appropriate aid have a procedure in place for people to request

such services.

GRIEVANCE COMPLIANT POLICIES AND PROCEDURES

Establishing and Publishing Grievance Procedures

Local governments with 50 or more employees are required to adopt and publish procedures for resolving

grievances arising under Title II of the ADA. Grievance procedures set out a system for resolving complaints

of disability discrimination in a prompt and fair manner.

Neither Title II nor its implementing regulations describe what ADA grievance procedures must include.

However, the Department of Justice has developed a model grievance procedure that is included at in

Appendix A.

The grievance procedure should include:

A description of how and where a complaint under Title II may be filed with the government entity

If a written complaint is required, a statement notifying potential complainants that alternative

means of filing will be available to people with disabilities who require such an alternative

A description of the time frames and processes to be followed by the complainant and the

government entity

Information on how to appeal an adverse decision

A statement of how long complaint files will be retained

Once a public entity establishes a grievance procedure under the ADA, it should be distributed to all agency

heads. Post copies in public spaces of public building and on the government’s website. Update the

procedure and the contact information as necessary.

In addition, the procedure must be available in alternative formats so that it is accessible to all people with

disabilities.

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If a person with a disability has a complaint about a public entity, she or he is not required to file a complaint

with the public entity before filing a complaint with the federal government. However, it is often more

efficient to resolve local problems at a local level.

INDIVIDUALS WITH DISABILITIES PARTICIPATION

Individuals with disabilities may require some additional accommodations when participating in an event.

This could be as little as moving some items in the space or moving the meeting/event to an accessible area.

Making your event accessible to people with disabilities is an important factor when planning an event. This

will allow more participation and allow their opinions to be expressed. In order to make your meeting/event

accessible please see: http://www.ada.gov/racheck.pdf for a complete checklist of things to look for.

USE OF FACILITIES BY ORGANIZATIONS AND INDIVIDUALS

It is in best practice when holding a meeting in a public facility to make certain that you are within the ADA

Standards. This includes but is not limited to: making certain that tables, chairs, etc. are not in the primary

path of travel; there are the appropriate number of accessible parking spaces; confirming that all features

are accessible. These are just a few examples. For additional requirements please visit http://www.access‐

board.gov/attachments/article/412/ada‐aba.pdf

REASONABLE ACCOMMODATIONS

People with disabilities will sometimes need some additional accommodations in order to participate in the

activity or event fully. Some of these items include but are not limited to: Interpreter services, alternate

document formats, audio of presentations, personal amplifiers and large print documents. Additional

reasonable accommodations include temporary accessible parking, accessible lodging accommodations

and making certain that all paths of travel to the event are accessible. These are just a few examples and

are not intended to be considered a complete list.

STATEMENT OF ACCOMMODATIONS

Public notices regarding meetings and other methods for input should have a statement of accommodations

that includes who to contact for an accommodation. A TTY/TDD number should also be included. Meetings

and videos should be captioned. The methods for submitting information should also be expanded to

include a method for online input in addition to appearing in person and submitting written comments.

Examples of Statements of Accommodations

Pursuant to the Americans with Disabilities Act, persons with a disability who require a

disability‐related modification or accommodation in order to participate in a meeting,

including auxiliary aids or services, may request such modification or accommodation from

the city clerk at (xxx) xxx‐xxx.or TTY at (xxx) xxx‐xxxx. Notification 48 hours prior to the

meeting or event will enable the city to make reasonable arrangements to assure

accessibility to the meeting or event. Individuals who need auxiliary aids and or services for

effective communication or to participate in programs and services of the city are invited to

make their needs and preferences known to the ADA Coordinator or the alternate contact

person. This notice is available in accessible alternate formats from the ADA Coordinator.

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Accommodations for Persons with Disabilities. Any person may make a request for a

disability‐related modification or accommodation needed for that person to be able to

participate in the public meeting by telephoning xxxxx xxxxx, county secretary at (xxx) xxx‐

xxxx, or writing to the county at 1234 Main Street, Anytown, CA, 91234. Requests must

specify the nature of the disability and the type of accommodation requested. A telephone

number or other contact information should be included so that county staff may discuss

appropriate arrangements. Persons requesting a disability‐related accommodation should

make the request with adequate time before the meeting for the county to provide the

requested accommodation.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a

disability‐related modification or accommodation in order to participate in a meeting,

including auxiliary aids or services, may request such modification or accommodation from

the county secretary at (xxx) xxx‐xxxx by e‐mail at [email protected] by TTY at (xxx) xxx‐xxxx.

Notification 24 hours prior to the meeting will enable county staff to make reasonable

arrangements to assure accessibility to the meeting.

EFFECTIVE COMMUNICATION

Under Title II of the ADA, all state and local governments are required to take steps to ensure that their

communications with people with disabilities are as effective as communications with others. This

requirement is referred to as “effective communication” and it is required except where a state or local

government can show that providing effective communication would fundamentally alter the nature of the

service or program in question or would result in an undue financial and administrative burden. The effective

communication requirement applies to ALL members of the public with disabilities, including job applicants,

program participants, and even people who simply contact state or local government agencies seeking

information about programs, services, or activities. To communicate effectively many utilize using auxiliary

aids which assists people with disabilities to communicate and participate in discussions.

ALTERNATE AND ACCESSIBLE FORMATS

Under the ADA Standards people with disabilities are permitted to request alternate formats of

documentation or presentations. Alternate formats include but are not limited to: assistance from an

interpreter, documents provided in Braille or another language, documents to be printed in large print,

subtitles provided for videos that have audio and audio of documents. There are many alternate formats

available and it is best to have a procedure in place so that people can request these types of services.

ACCESSIBLE WEBSITES

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d) requires the federal government to ensure

that the electronic and information technology that it develops, procures, maintains, or uses is accessible

to persons with disabilities. Section 508 also directs the Attorney General to submit reports to the President

and Congress on the state of federal agencies' compliance with the Act's requirements. In preparation for

its report, the Department of Justice conducts a survey of federal agencies to obtain information on the

state of compliance with Section 508, including the Section 508 Electronic and Information Technology

Accessibility Standards. Brief points for making a website accessible: Make certain that the text is a stark

contrast to the background of the document (Black on white, white on black, white on dark blue, etc.), Make

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sure that the font you are using is an accessible sans serif font (Veranda, Arial, Verdana, etc.) Please note

Times New Roman is NOT an accessible font.

Principles of Accessible Design

Below you will find a list of some key principles of accessible design. Most accessibility principles can be

implemented very easily and will not impact the overall "look and feel" of your web site.

Provide appropriate alternative text

Alternative text provides a textual alternative to non‐text content in web pages. It is especially

helpful for people who are blind and rely on a screen reader to have the content of the website read

to them.

Provide headers for data tables

Tables are used online for layout and to organize data. Tables that are used to organize tabular data

should have appropriate table headers. Data cells should be associated with their appropriate

headers, making it easier for screen reader users to navigate and understand the data table.

Ensure users can complete and submit all forms

Ensure that every form element (text field, checkbox, dropdown list, etc.) has a label and make sure

that label is associated to the correct form element. Also make sure the user can submit the form

and recover from any errors, such as the failure to fill in all required fields.

Ensure links make sense out of context

Every link should make sense if the link text is read by itself. Screen reader users may choose to read

only the links on a web page. Certain phrases like "click here" and "more" must be avoided.

Caption and/or provide transcripts for media

Videos and live audio must have captions and a transcript. With archived audio, a transcription may

be sufficient.

Ensure accessibility of non‐HTML content, including PDF files, Microsoft Word documents,

PowerPoint presentations and Adobe Flash content.

In addition to all of the other principles listed here, PDF documents and other non‐HTML content

must be as accessible as possible. If you cannot make it accessible, consider using HTML instead or,

at the very least, provide an accessible alternative. PDF documents should also include a series of

tags to make it more accessible. A tagged PDF file looks the same, but it is almost always more

accessible to a person using a screen reader.

Allow users to skip repetitive elements on the page

You should provide a method that allows users to skip navigation or other elements that repeat on

every page. This is usually accomplished by providing a "Skip to Content," "Skip to Main Content,"

or "Skip Navigation" link at the top of the page which jumps to the main content of the page.

Do not rely on color alone to convey meaning

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The use of color can enhance comprehension, but do not use color alone to convey information.

That information may not be available to a person who is colorblind and will be unavailable to screen

reader users.

Make sure content is clearly written and easy to read

There are many ways to make your content easier to understand. Write clearly, use clear fonts, and

use headings and lists appropriately.

Make JavaScript accessible

Ensure that JavaScript event handlers are device independent (e.g., they do not require the use of

a mouse) and make sure that your page does not rely on JavaScript to function.

Design to standards

HTML compliant and accessible pages are more robust and provide better search engine

optimization. Cascading Style Sheets (CSS) allow you to separate content from presentation. This

provides more flexibility and accessibility of your content.

This list does not present all accessibility issues, but by addressing these basic principles, you will ensure

greater accessibility of your web content to everyone.

VOLUNTEERS

Volunteers should be made aware of the federal and applicable state antidiscrimination laws and policies

which are required of the public entity for which they are a volunteer. It is important for the public entity of

incorporate the nondiscrimination requirements into the orientation process for volunteers. Volunteers in

the role as “employees” may make the public entity liable for discriminatory practices.

OTHER RESOURCES

There are many resources available to assist members to enhance their ADA compliance and to update and

maintain their ADA implementation plan. It is important to remember that the ADA plan is an ongoing, living

plan that also provides members with the opportunity to document their compliance efforts.

Access Board ‐ http://www.access‐board.gov/

Department of Justice ‐ http://www.justice.gov/

Information and Technical Assistance on the ADA ‐ http://www.ada.gov/

CA Civil Rights ‐ http://oag.ca.gov/civil

US Department of Transportation ‐ Civil Rights ‐ ADA ‐ http://www.fhwa.dot.gov/cadiv/other/ada.cfm

Department of Conservation – ADA ‐ http://www.conservation.ca.gov/Index/Pages/accessibility.aspx

CA General Services – ADA ‐ http://www.dgs.ca.gov/dsa/Programs/progAccess/adacert.aspx

Pacific ADA Center ‐ http://adapacific.org/

FACILITIES

California Building Code

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The California Building Code is the code by which all buildings in the State of California are required to

comply with. California's building codes (California Code of Regulations, Title 24) are published on a triennial

basis. The CBSC is responsible for the administration and implementation of each code cycle, which includes

the proposal, review and adoption processes. http://www.bsc.ca.gov/pubs/codeson.aspx

2010 Outdoor Developed and Recreations Standards

The Access Board recently added standards for all outdoor developed areas as well as recreational

standards. All ADAAG provisions apply to the design and construction of recreation facilities and elements.

Recreational facilities include but are not limited to: amusement parks, recreational boating facilities,

exercise machines and equipment, fishing piers and platforms, golf facilities, miniature golf facilities, play

areas, swimming pools, wading pools and spas and shooting facilities with firing positions.

Application of Applicable Standard – Federal and/or State

The ADA Standard serves as the baseline for compliance with federal accessibility laws. As stated in the ADA,

if a state requires a higher level of accessibility, then the standard that applies would be the state standard.

A state cannot provide a lesser standard than that required by the ADA.

An example would be the width requirement for an accessible path of travel in California. The CBC requires

a minimum width of 48 inches and the federal standard requires a minimum of 36 inches. Thus, the

minimum with of a path of travel in California would be 48 inches. In most cases, but not all, the California

Building Code exceeds the federal standard. In some cases, they are the same. It is sometimes stated that

there is a “conflict” in codes and they are “open to broad interpretation.” This is usually not the case.

Remodeling, Renovation and New Construction

Remodeling and renovation that are not considered maintenance items usually trigger the standards of new

construction. Technically new construction is defined federally as construction after July 26, 1992. It is

important to remember, however, that California had accessibility laws and requirement prior to 1992.

Federal Public Rights of Way Guidelines (PROWAG)

Sidewalks, street crossings, and other elements of the public rights‐of‐ways present unique challenges to

accessibility for which specific guidance is considered essential. The Access Board is developing new

guidelines for public rights‐of‐way that will address various issues, including access for blind pedestrians at

street crossings, wheelchair access to on‐street parking, and various constraints posed by space limitations,

roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks

and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other

components of public rights‐of‐way. http://www.access‐board.gov/attachments/article/743/nprm.pdf

Federal Highway Administration’s California Edition‐Manual on Uniform Traffic Control Devices (MUTCD)

The Manual on Uniform Traffic Control Devices or MUTCD defines the standards used by road managers

nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and

private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA)

under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.

The MUTCD, which has been administered by the FHWA since 1971, is a compilation of national standards

for all traffic control devices, including road markings, highway signs, and traffic signals. It is updated

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periodically to accommodate the nation's changing transportation needs and address new safety

technologies, traffic control tools and traffic management techniques.

http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf

IMPLEMENTING YOUR TRANSITION PLAN

An ADA transition plan is an ongoing, living document. As such, it is important to keep the plan current to

provide for a meaningful, realistic plan that can be implemented in a cost effective manner.

Tracking and monitoring your compliance is important for many reasons. A plan that is current provides

documentation of compliance efforts that may be important during litigation to demonstrate the

commitment to the ADA and efforts and expenditures for ongoing compliance. An updated transition plan

also assists with planning and budgeting. Furthermore, a plan can be utilized to schedule events in the most

accessible locations, such as voting and other programs sponsored by the public entity. Another important

component is to demonstrate that a budget has been committed to implement the barrier removal plan.

SAMPLE GRIEVANCE PROCEDURE

[Name of public entity]

Grievance Procedure under the Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of

1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis

of disability in the provision of services, activities, programs, or benefits by the [name of public entity]. The

[e.g. city, town, agency]'s personnel policy governs employment‐related complaints of disability

discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name,

address, phone number of complainant and location, date, and description of the problem. Alternative

means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made

available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later

than 60 calendar days after the alleged violation to:

[Insert ADA Coordinator’s name]

ADA Coordinator [and other title if appropriate]

[Insert ADA Coordinator’s mailing address]

Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or [his/her] designee

will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar

days of the meeting, [ADA Coordinator's name] or [his/her] designee will respond in writing, and where

appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The

response will explain the position of the [name of public entity] and offer options for substantive resolution

of the complaint.

If the response by [ADA Coordinator's name] or [his/her] designee does not satisfactorily resolve the issue,

the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of

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the response to the [city manager/administrator/other appropriate high‐level official] or [his/her]

designee.

Within 15 calendar days after receipt of the appeal, the [city manager/administrator/other appropriate

high‐level official] or [his/her] designee will meet with the complainant to discuss the complaint and

possible resolutions. Within 15 calendar days after the meeting, the [city manager/administrator/other

appropriate high‐level official] or [his/her] designee will respond in writing, and, where appropriate, in a

format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the [city

manager/administrator/other appropriate high‐level official] or [his/her] designee, and responses from

these two offices will be retained by the [public entity] for at least three years.

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