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Program Accessibility in Public Facilities

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Presentation on theme: "Program Accessibility in Public Facilities"— Presentation transcript:

1 Program Accessibility in Public Facilities
ADA Trainer Network Module 5b Program Accessibility in Public Facilities Trainer’s Name Trainer’s Title Phone Number /Website Here

2 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 Northeast 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.

3 Program Accessibility
A public entity’s services, programs, and activities, when viewed in their entirety, must be readily accessible to and usable by people with disabilities. A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. NOTE: Facilities built before the ADA are not “grandfathered in”; they may not have to do structural renovations to become accessible but they are still responsible for ensuring program accessibility.

4 Program Accessibility Options Include…
Reassigning services to accessible locations Home visits Purchase of equipment Offering aide/assistance Auxiliary aids and services to ensure effective communication Structural change if no other option available Program Accessibility: Example — Public hearings, meetings, information, etc. need to be accessible. This may mean moving to an accessible location, providing ASL interpreter, providing handouts or meeting minutes in alternative formats, going to a person’s home to give them necessary information, etc.

5 “In Its Entirety” A program must be evaluated both in terms of the parts or elements that make up the program AND in terms of the way they work together as a whole. Public entities are not necessarily required to make each of their existing facilities accessible or every aspect of a facility structurally accessible. This allows for both structural and non-structural methods of achieving program accessibility. Example: A city library system has six branches. To evaluate the accessibility and usability of the library system in its entirety, it is necessary to consider: The resources and activities provided in each library and facility The operation of the libraries in the system as a network Any out-of-building activities that are part of the operation of the system. Answering these questions will determine whether all the services and resources available in the system as a whole are available in accessible locations.

6 Important Point! Unlike private entities under Title III, public entities are not required to remove barriers from each facility, even if removal is readily achievable. A public entity must make its programs accessible. Physical changes to a building are required only when there is no other feasible way to make the program accessible.

7 Limitations to Program Access
A public entity does not have to take any action that would: Result in a fundamental alteration in the nature of its program or activity Cause undue financial or administrative burdens NOTE: The public entity still must find a way to ensure access to benefits and services of the program or activity The “undue burden” determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use in the program.

8 Program Accessibility Options
Reassigning services to accessible locations Home visits Purchase of equipment Offering help/assistance Auxiliary aids and services for effective communication Structural change if no other option available This slide lists some possible ways of providing program access.

9 Effective Communication
Public entities must ensure that applicants, participants, and members of the general public have communication access that is as effective as that provided to people without disabilities Governmental entities must provide effective means of communication to people with visual, hearing, speech, and cognitive disabilities. The communication must be provided in a manner that enables people with disabilities to participate in or benefit from the service or program on an equal basis with others, unless to do so would result in a fundamental alteration to the program or in undue financial or administrative burden. 9

10 Examples of Auxiliary Aids & Services for People with…
Hearing disabilities — Qualified interpreters, written materials, assistive listening devices & technology, closed captioning, transcription services, note-takers, video remote interpreting (VRI) Visual disabilities — Braille, audio descriptions and recordings, large print, CDs/tapes, qualified readers, physical guidance Auxiliary Aids and Services include a wide variety of equipment, materials, and personal services to provide effective communication. An example of auxiliary aid for someone with a cognitive disability would be pictorial signage which can help differentiate between the Men’s and Women’s restrooms. Technology aids for people with hearing disabilities might include Skype and Interpretype. Skype involves the use of a video computer to communicate via speech or text. Interpretype involves a virtual sign language interpreter. Video remote interpreting (VRI) service means 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. VRI is part of the revised regulations. 10

11 Providing Effective Communication
Public entities must give “primary consideration” to the communication preference of the person with a disability Communication provided must be effective If undue burden exists, entities must still provide the next best means of effective communication People with disabilities need to be given the opportunity to request the auxiliary aid or service of their choice. The public entity must honor that choice unless it can demonstrate that another equally effective means of communication is available or that the aid requested would result in a fundamental alteration of the service or in undue financial or administrative burdens.

12 Factors to Consider Duration and complexity of the communication
Context of communication Number of people involved and/or in need of the communication Importance and potential impact of the communication Below is a more thorough explanation of each of these factors: Duration and complexity: longer, more detailed exchanges often require more powerful and faster modes of communication Context: environmental conditions, such as the difference between a structured office setting and an outdoor recreational setting will influence the effectiveness of communication. Number of people: communication techniques that are effective between two people might not work well in a group setting. Importance and impact: communication involving legal, financial, health and safety information (i.e. housing subsidy applications; welfare determinations; hospital admittance; lawsuits) are more important than others and should be provided in ways that guard against errors, omissions, and misunderstandings. These factors are important to consider because they help determine an accommodation that is likely to meet the need of the individual in that particular circumstance.

13 Employment and Disability Institute
Northeast ADA Center Employment and Disability Institute Cornell University Dolgen Hall Room 201 Ithaca, New York Toll-Free : (NY, NJ, PR, USVI) Telephone Fax TTY Web The contents of this presentation 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. Conclude by reminding participants that the training materials were produced by the Northeast ADA Center in collaboration with the National ADA Network. Remind them of the free and confidential technical assistance and other services available from your local ADA Center and from the ADA Centers throughout the country.

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