ADA Title II Action Guide Revisited

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ADA Title II Action Guide Revisited

• 5 Administrative Action Steps
• 4 Principles of Effective Compliance
• 3 Phases to Compliance Process

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5 Administrative Action Steps

• 1. Designate a responsible employee
• 2. Provide public notice
• 3. Adopt a grievance procedure
• 4. Carry out a Self-Evaluation
• 5. Develop a Transition Plan

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Small Entities

• If fewer than fifty employees--not required to
• Designate a responsible employee
• Adopt a grievance procedure
• Maintain Self-Evaluation for 3 years
• Develop a Transition Plan

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4 Part Self-Evaluation
Employment
Non-Discriminatory Operations
Effective Communications
Program Accessibility
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Barrier Removal Methods

• Non-Structural
• Relocate program to accessible location
• Use accessible space when needed
• Provide staff assistance
• Structural
• Alterations
• Additions
• New Constructions

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5 Develop a Transition Plan

• Required if structural changes needed to achieve
  program accessibility
• Identify barriers
• Describe methods of barrier removal
• Provide schedule
• Identify responsible official

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4 Principles of Effective Compliance

• Commitment from senior leadership
• Coordinate compliance activities
• Creatively involve people with disabilities
• Institutionalize compliance

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3 Phases of Compliance Process

1. Planning Decision Making
2. Implementation
3. Follow-up Monitoring

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ADA Compliance in Connecticut Municipalities

• 2002 Study in 2 Parts
• 1. Self-report survey of Title II compliance
• 2. Site visits to 27 city and town halls
• Study conducted on behalf of the Connecticut
  Office of Protection and Advocacy

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CT Municipal ADA Survey

• Affirmative Survey Responses
• Communities Responding N 137
• ADA Coordinator Appointed 116 (84)
• Public Notice posted 97 (71)
• Grievance procedure adopted 91 (66)
• Self-evaluation completed 90 (66)
• Transition plan completed 74 (54)
• Accessible Public meetings 126 (92)
• City and town halls accessible 124 (90)

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• General Findings
• Broad general understanding of the intent of the
  ADA, but inadequate understanding of the details
  of regulatory requirements
• Self-Evaluations heavily weighted towards
  facility access effective communications,
  non-discriminatory program operation and equal
  employment opportunity policies and procedures
  often inadequate
• Self-Evaluations and Transition Plans often
  incomplete or no action taken.
• Transition planning and barrier removal undercut
  by lack of understanding of access codes and
  standards and insufficient skill in applying the
  principles of barrier-free design.

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• General Findings (Cont.)
• Some informants acknowledge not knowing ADA
  process and outcomes in their communities.
• Burden falls on individuals with disabilities to
  initiate requests, rather than cities and towns
  fulfilling the intent of the public notice
  requirement by actively reaching out and
  communicating rights and protections under the
  ADA requirements and how each entity meets its
  obligations.
• Little participation by individuals with
  disabilities in self-evaluation process, even
  though many communities have some type of
  commission representing the interests of
  residents with disabilities.

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Exterior Access Routes N37
15 Fully Accessible pedestrian routes from
parking areas and adjacent walkways to nominally
accessible entrances   18 Routes with
major deficiencies--tripping hazards,
deteriorated ramp surfaces, slopes exceeding
112, only one or no handrails, insufficient
maneuver space and latch-side clearance, wide
drain gratings in walkways, etc. 4 Routes
with relatively minor barriers such as difficult
to use door hardware, unbeveled thresholds,
minor deterioration of walkway surfaces, etc.
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Restrooms
8 of 27 buildings have at least one fully
accessible unisex rest room or one pair of mens
and womens accessible rest rooms 7 buildings
have major barriers in rest rooms such as narrow
entrance doors, inadequate turning and maneuver
space, small toilet stalls, low toilets and
inadequate grab bars     12 buildings have rest
rooms or pairs of rest rooms rated partially
accessible with deficiencies such as inadequate
sink hardware, inoperable stall latches, high
towel dispensers, mirrors, clothes hooks, etc.
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Parking 27 buildings with one or more reserved
accessible parking spaces 7 with at least one
van-accessible space Assistive Listening
Systems 3 with hardwired listening systems in
primary public meeting spaces or wiring for
portable systems   Tactile and Braille Signs 4
with extensive tactile and contrasting signs
throughout 19 with limited or no compliant
signs 4 with compliant signs in some areas
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What ADA Coordinators Want 1. Training on basic
to advanced ADA skills with emphasis on facility
accessibility and employment   2. Opportunities
to discuss common concerns with coordinators from
other communities and to exchange ideas and
information 3. Examples and models of proven
procedures and policies that can be easily put
into practice   4. Information in areas like
effective communication - what to get, where to
get it, how much it costs, how much time it
takes, etc. 5. Coordination with state
authorities to give priority to capital
expenditures that support ADA compliance and
expand services to all citizens (e.g., bonding
council).
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Recommendations

• 1) Create a statewide association of municipal
  ADA Coordinators to facilitate communication and
  peer support, and to disseminate resources and
  information on effective Title II planning and
  implementation practices.
• 2) Provide a program of training and technical
  assistance in response to needs identified by
  the state network of municipal ADA Coordinators.
  
• 3) Develop regulatory mechanism to ensure
  consistent enforcement of state architectural
  accessibility standards.
• 4) Encourage state funding entities to
  prioritize municipal capital requests supporting
  ADA implementation.

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Recommendations
5) Develop and disseminate a comprehensive guide
to effective communication resources and services
in the state. 6)  Assemble and make available a
library of ADA resources and materials, including
model policies and procedures, Self-Evaluations,
Transition Plans, access assessment checklists,
design manuals, training videos and other
compliance materials. 7) Strengthen involvement
of individuals and organizations representing
disability constituencies in municipal ADA
compliance planning and progress reviews. 8)
Encourage city and town governments to conduct
quality reviews of the process and outcomes of
previous ADA compliance efforts establish
additional goals and timelines to achieve full
compliance and to enhance the quality of services
provided to persons with disabilities.
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Keys to Effective Title II Compliance

• Identifying supporting champions
• Ensuring continuity of effort
• Strengthening advocates skills
• Promoting collaboration between internal and
  external advocates

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Keys to Title II Compliance (cont.)

• Cultivating the press and public awareness
• Bringing strategic complaints and law suits
• Strengthening state and local compliance
  resources
• Including agencies providing services under
  contracts