Overview of Title II of the Americans with Disabilities Act and Maryland Courts 1 Karen Goss Assistant Director Mid-Atlantic ADA Center March 11, 2014

Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Mid-Atlantic ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. 2

What is the ADA? Americans with Disabilities Act, passed in 1990 Federal CIVIL RIGHTS legislation that says it is illegal to discriminate against people with disabilities in employment, state and local government services, private businesses, telecommunications and transportation Goal: The full inclusion of people with disabilities in all aspects of American society 3

The Americans with Disabilities Act Title I: Employment Title II: State and Local Governments Title III: Private Business Title IV: Telecommunications Title V: Miscellaneous

ADA Quiz How many people with disabilities are there in the United States? 5

Answer Almost 57 MILLION 6

Disability by the numbers 1 in 5 Americans has a disability (Brault, 2008) This population is growing due to aging, war-related injuries, and better identification and treatments Public entities have a responsibility to ensure their buildings and programs are accessible (i.e. physically, programmatically, web, etc.) Private businesses must also ensure access to their offerings People with different disabilities have different needs to consider when designing facilities, implementing programs, and providing services

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Title II State and Local Government: Maryland Courts 18

Title II Overview Title II prohibits discrimination against individuals with disabilities and requires the courts to take an active role in ensuring the accessibility of all of their programs, services, and activities. 19

Who is Covered by Title II? Every type of state and local government entity, including: all types of state agencies counties municipalities and cities executive, legislative, and judicial branches of state and local government 20

General Requirements Courts must reasonably modify their policies, practices, or procedures to prevent discrimination and to provide for inclusion for those with disabilities. 21

General Requirements (cont.) The courts may not impose eligibility criteria for participation in its programs that screen out persons with disabilities. 22

Title II: Program Access Programs accessible “when viewed in their entirety” ADA does NOT give special privileges or entitlements for people with disabilities – it’s about equality! Each program should insure everyone can access all facets of the program Reasonable Modifications to insure programs accessible 23

Examples of Modifications to Achieve Program Access Relocate to alternate, accessible location Provide individualized assistance Make structural, architectural changes Provide auxiliary aids and services 24

Physical Access The courts are required to review their facilities to assure that the services they offer are accessible to individuals with disabilities. People with disabilities should be able to access all areas of the court as those without disabilities are permitted.

Title II Generally Title II entities must take appropriate steps to ensure that communications with individuals with disabilities are “as effective” as communications with others Includes providing appropriate auxiliary aids and services “where necessary”

Individuals with Disabilities Individuals who are deaf or hard of hearing Individuals who are blind or have low vision Individuals who have speech-related impairments

Auxiliary aids and services for individuals who are deaf or hard of hearing –Qualified interpreters –Notetakers –Transcription services –Written materials –Telephone handset amplifiers –Assistive listening systems

For individuals who are deaf or hard of hearing (cont) –Telephones compatible with hearing aids –Closed captioned decoders –Open and closed captioning –TDDs / TTYs using the Telephone Relay System –Videotext displays –VRS/VIS –Other effective methods

Photograph of teletypewriter TTY Similar to video relay except a TTY (teletypewriter) is used to convey messages via typing instead of signing Older technology, becoming outdated Operator relays telephone conversations for people who are Deaf, hard of hearing, or have speech disabilities Telephone Relay System (TRS) 30

Video Remote Interpreting Definition: An interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide- bandwidth video connection that delivers high- quality video images…

Video Remote Interpreting Continued DOJ standards require: –Quality of video and audio that is high quality, clear, real-time, with clear uninterrupted images. –Dedicated high-speed connection. –Picture: Clear, sufficiently large, and sharply delineated, showing face, arms, hands and fingers –Voices: clear and easily understood transmission. –Quick set-up and training of users.

Diagram of Video Relay Service 1.Video Relay user signs to the interpreter 2.Interpreter speaks to the phone user 3.Phone user responds 4.Interpreter signs the response Video Relay Service (VRS) 33

Qualified Interpreter “Qualified interpreter” defined as “An interpreter who, via video remote interpreting (VRI) service or an on- site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Includes sign language interpreters, oral transliterators and cued-language transliterators.

Interpreting Interpreting is now required to be provided for an audience member of a trail or judicial proceeding, even if they have no association with the proceedings if interpreting is requested.

Use of Adults Accompanying Individual With a Disability Courts shall not require individual to bring own interpreter. Courts shall not require adults accompanying individual to interpret except: –In emergency involving imminent threat to safety or welfare of individual or public and no interpreter available, or –Where specific request by person with disability, accompanying adult agrees, and reliance on that person is appropriate under circumstances.

Companions –Courts must communicate effectively with companions with disabilities, as appropriate. –Companion defined as “family member, friend, or associate of an individual seeking access to a service, program or activity of a public entity, who along with such individual is an appropriate person with whom the public entity should communicate.”

Auxiliary aids and services for individuals who are blind or have low vision –Qualified readers –Taped texts –Audio recordings –Brailled materials –Large print materials –Electronic/text formats –Other effective methods

Qualified Reader “Qualified reader” defined as “a person who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary.”

Types of Auxiliary Aids or Services: What Works and When? Type of auxiliary aid or service will vary in accordance with: –Method of communication used by individual; –Nature, length, and complexity of communication involved; and –The context in which communication is taking place. Provide auxiliary aids in accessible formats, in timely manner, and in manner that protects privacy and independence of individual.

Title II: Primary consideration In determining what type of auxiliary aid and service is necessary, the courts shall give primary consideration to the requests of the individual with disabilities.

Fundamental Alteration An entity is not required to provide an auxiliary aid or service if it would fundamentally alter the nature of the program or service.

Fundamental Alteration: (cont) A public entity is not required to take action if it would result in undue financial and administrative burdens. –Look at resources of the agency as a whole. –Still required to provide service to the maximum extent possible.

Grievance Procedure Required by the ADA under Title II and Section 504 of the Rehab. Act Allows someone to file a complaint alleging discrimination on the basis of disability in the provision of services Details available at: mmodationsprocedure.html Consult the Court’s ADA Coordinator for further information: Linda McCabe 44

Title II Enforcement Internal Grievance Procedure File a complaint with the Department of Justice Private lawsuits Alternative Dispute Resolution including mediation 45

Karen Goss Assistant Director Mid-Atlantic ADA Center v/tty 46