1. This presentation is for legal information NOT legal advice.
Public Libraries and the ADA John Giacomantonio, Rising Third-Year Law Student at Indiana University Maurer School of Law and Summer Legal Intern at the Indiana State Library
This presentation is for legal information NOT legal advice.

2. A Word of Caution I am a law student intern, not a lawyer.
That said, this presentation is to provide legal information NOT legal advice.
If you have questions about how the law applies to your specific factual situation, discuss this with your lawyer.
I will be happy to clarify points that I make in the presentation, but I cannot answer questions about facts specific to your library.
I want to state at the outset that this presentation is to provide you with legal information about how the ADA impacts public libraries. This is NOT legal advice. I am a law student not a lawyer. As a result, I cannot provide answers to questions that call for the application of the law to your specific facts. If you have a question of that nature, you should consult with the lawyer for your library. That said, I will be happy to clarify (or repeat) points I address in order to further the informational value of this presentation.

3. What will be covered? Background on the ADA Administrative Elements
Legislative forerunners; Purposes; Definitions/Limitations.
Administrative Elements
Notice; ADA Coordinator; Grievance.
Communications
Accommodations; Internet.
Building modifications will not be covered in this presentation nor will Titles I or III of the ADA.

4. Background
Section 504 of the Rehabilitation Act of (codified at 29 U.S.C. 794).
Prohibited discrimination on the basis of disability by a program receiving federal financial assistance.
ADA adopted the definition of “disability” used in Section 504.
Section 504 provided a basis for additional legislative activity and expansion of federal disability rights legislation.

5. Background
ADA expanded on the Rehabilitation Act by severing nondiscrimination on the basis of disability from the receipt of federal funds.
Congress has enacted a range of disability related-statutes that sometimes also surface in conjunction with the ADA. It is worth knowing that Congress wanted the ADA and Rehabilitation Act to apply consistently. See 28 C.F.R (a). Congress highlighted this overlap when it discussed the changes to the definition of “disability” in the ADA’s general provisions section. The Congressional Record from September 11, 2008 contains a Statement from the bill’s managers in the Senate, which observes that “[m]aintaining uniform definitions in the two federal statutes is important so that such entities will generally operate under one consistent standard, and the civil rights of individuals with disabilities will be protected in all settings. The ADA and Section 504 of the Rehabilitation Act provided overlapping coverage for many entities, including public schools, institutions of higher education, childcare facilities, and other entities receiving federal funds.”
But Congress subsequently modified that definition (in both places) in 2008 in response to a series of Supreme Court cases that limited the scope of “disability”.
For more information see which provides an overview of disability-related laws. See also, for links to other disability-related laws including, among others, the ADA and Rehabilitation Act.
Images from Microsoft Clip art on Office Online

6. What does the ADA do?
Provides, “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C (b)
Provides an equal opportunity for disabled individuals to participate in all aspects of society by fostering independence and integration.
This is one of the most far-reaching civil rights statutes since the Civil Rights Act of Congress wants the courts to interpret it broadly because it is a remedial statute. Keep this idea in mind as we go through the topic
Image from Microsoft Clip art on Office Online

7. Which entities are covered by the ADA?
Definitions
Title I – Employment
Title II – Public Services
Title III – Public Accommodations
Title IV – Miscellaneous Provisions
Don’t forget that the other titles are still the law, too, but this presentation limits the discussion to Title II.
The previous slides presented a short overview of the history of the ADA, but now we will see that the ADA is divided into four titles. For our purposes, public libraries fall under Title II of the ADA. Basis was Section 504 of the Rehabilitation Act of 1973 which prohibited discrimination against “qualified individuals with a disability” in programs receiving “federal financial assistance.” (Codified at 29 USC 701 et seq.) ADA expanded on this law.

8. Where do public libraries fit?
Title II impacts public libraries. See 42 USC 12131(1) (defining “public entity”).
As does Title I, but the scope of this presentation is Title II.
Preliminary Questions:
How many employees does the local government have in total?
50 or more, or
Less than 50
Both full and part time employees government-wide are counted but contractors are not.
Does the library (or any of its programs) receive federal assistance through grants?
Think about LSTA grants or the e-rate program.
Be aware of the impact of federal funding. Title I also covers libraries but the scope of this presentation is Title II not employment discrimination as in Title I. We are also not discussing Title III, public accommodations.

9. No Discrimination on the Basis of Disability
General Requirements
No Discrimination on the Basis of Disability

10. 42 U.S.C (A)
A disability is defined as “a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such impairment; or being regarded as having such impairment.” 42 U.S.C (A).
Definition of disability is to be construed broadly. See 42 U.S.C (4)(A).
Add in what is considered as a disability
28 C.F.R (1)
(ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.
28 C.F.R (5)
The term disability does not include—
(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or pyromania; or
(iii) Psychoactive substance use disorders resulting from current illegal use of drugs.

11. Elements Physical or Mental Impairment Record of Such Impairment, or
Must substantially limit one or more major life activities
Major life activities covers a lot of ground
Record of Such Impairment, or
Regarded as having such impairment
If an individual falls within ONE of these categories then that person has a disability.
Disabilities can be both physical and nonphysical. Regarded as having such impairment = ILLUSTRATION: A, an individual with mild diabetes controlled by medication, is barred by the staff of a county-sponsored summer camp from participation in certain sports because of her diabetes. Even though A does not actually have an impairment that substantially limits a major life activity, she is protected under the ADA because she is treated as though she does. See Justice Department Technical Assistance Manual. Available at:

12. 42 U.S.C. 12103(1) “Auxiliary Aids and Services”
Qualified interpreters (hearing-impaired)
Qualified readers, taped texts, or other effective methods (visually-impaired)
Acquisition or modification of equipment or services
Other similar services and actions
Refers to methods by which entities can make services available to individuals with disabilities. 28 C.F.R provides an extended definition of auxiliary aids and services.
For more examples of auxiliary aids and services I have included the following from the Justice Department’s Technical Assistance Manual.
“Examples of auxiliary aids and services for individuals who are deaf or hard of hearing include qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, and exchange of written notes. Examples for individuals with vision impairments include qualified readers, taped texts, audio recordings, Brailled materials, large print materials, and assistance in locating items. Examples for individuals with speech impairments include TDD's, computer terminals, speech synthesizers, and communication boards. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved.”
Available at:
Images from Microsoft Clip art on Office Online

13. 42 U.S.C
“[N]o qualified individual with a disability shall, be excluded or be denied the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
Public entities cannot prevent individuals with disabilities from accessing their programs, services, or activities.
Allow broad participation for everyone. Bring people in rather than screen them out.
42 U.S.C provides a definition of a “qualified individual with a disability” is an “individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities by a public

14. 28 C.F.R (d)
Federal regulations require that “[a] public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 CFR (d)
“Integration Mandate”
Crucial to achieving the ADA’s goals.

15. 28 C.F.R (b)(iv)
Because integration is a major goal of the legislation covered entities cannot “[p]rovide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities”
But if “such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others” a public entity can do so.
A public entity has to take steps to integrate disabled individuals into is programming. A major goal of the legislation was to give disabled individuals equal access to the benefits afforded to the nondisabled. So long as there is an equally accessible alternative, the public entity, can sometimes provide a different service. An example would be a city basketball league hosts a program for wheelchair basketball. Remember that if there is separate programming and the disabled individual wants to participate in the regular programming, the public entity may still have to make reasonable modifications to allow the individual to participate, the Justice Department’s Technical Assistance manual says that “The fact that a separate program is offered may be a factor in determining the extent of the obligations under the regular program, but only if the separate program is appropriate to the needs of the particular individual with a disability.”
Also, a “direct threat to the health or safety of others” can also operate as a structural limitation on the amount of participation in the programs, services, or activities of a public entity. See 28 C.F.R

16. 28 C.F.R (e)(1)
The ADA wants to let individuals with disabilities make the choice about which accommodation they would like to have to participate in a program.
So . . .
An individual with a disability is not “required to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.”
The public entity needs to be prepared to respond to the disabled individual’s request for accommodation. We will discuss the limitations on these broad regulations shortly.

17. Eligibility Criteria & Service Animals

18. 28 CFR (b)(8)
Another important point to stress is that a public cannot use “eligibility criteria” that “screens our or tends to screen out” individuals with disabilities from participating in “any service, program or activity.”
But . . .
If “such criteria can be shown to be necessary for the provision of the service, program, or activity being offered” then eligibility criteria is acceptable.
This is a key point. Some public entities may have employed eligibility criteria to screen out individuals with disabilities. “For example, requiring presentation of a driver's license as the sole means of identification for purposes of paying by check would violate this section in situations where, for example, individuals with severe vision impairments or developmental disabilities or epilepsy are ineligible to receive a driver's license and the use of an alternative means of identification, such as another photo I.D. or credit card, is feasible. Appendix A to the Regulations.
But Appendix A also explains that public entities “may impose neutral rules and criteria that screen out individuals with disabilities if the criteria are necessary for the safe operation of the program in question.”
Safety requirements must be based on actual risks and not on speculation, stereotypes, or generalizations about individuals with disabilities
Examples of safety qualifications that would be justifiable in appropriate circumstances would include eligibility requirements for drivers' licenses, or a requirement that all participants in a recreational rafting expedition be able to meet a necessary level of swimming proficiency.

19. Service Animals
Dogs! – Other wild animals, whether trained or untrained do not qualify, but, in general, a public entity has to allow a disabled person to use a service animal.
Work or tasks performed by the animal must be directly related to the individual’s disability.
“The Department has decided to limit this rule's coverage of service animals to dogs, which are the most common service animals used by individuals with disabilities.” Appendix A to the Regulation, Service Animals.
Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. See 28 C.F.R , Service Animals
Images from Microsoft Clip art on Office Online

20. Service Animals
Miniature horses, if properly trained, are allowed, too. 28 C.F.R (i).
Disabled individuals with service animals can take the animal in the same places where nondisabled go to access the entity’s programs, activities, or services, unless the animal is out of control or not housebroken.
“The Department has decided to limit this rule's coverage of service animals to dogs, which are the most common service animals used by individuals with disabilities.” Appendix A to the Regulations. If the dog is kicked out the individual should still have a chance to participate. “The animal can only be removed if it engages in the behaviors mentioned in § 35.136(b) or if the presence of the animal constitutes a fundamental alteration to the nature of the service, program, or activity of the title II entity.” Appendix A to the Regulations.
“The Department maintains that the appropriateness of an exclusion can be assessed by reviewing how a public entity addresses comparable situations that do not involve a service animal.” Appendix A to the Regulations. Also, does not contain specific “fundamental alteration” language because “the Department believes that this exception is covered by the general reasonable modification requirement contained in § 35.130(b)(7).” Appendix to the Regulations.
Regarding mini horses the appendix to the Departments regulations explain that “Ponies and full-size horses are not covered by § 35.136(i).” Appendix A to the Regulations. Also, because “miniature horses can vary in size and can be larger and less flexible than dogs, covered entities may exclude this type of service animal if the presence of the miniature horse, because of its larger size and lower level of flexibility, results in a fundamental alteration to the nature of the programs activities, or services provided.” Appendix A to the Regulations.

21. Service Animals - Inquiries
A public entity cannot ask about the “nature or extent of a person’s disability” but it can make “two inquiries to determine whether an animals qualifies as a service animal.” 28 C.F.R (f)
Do not ask for certification!
Acceptable inquiries
If the animal is required because of a disability.
The work/task the animal has been trained to do.
Psychiatric service animals are allowed but animals providing “emotional support” are not. The difference between an emotional support animal and a psychiatric service animal is the work or tasks that the animal performs. Traditionally, service dogs worked as guides for individuals who were blind or had low vision. Since the original regulation was promulgated, service animals have been trained to assist individuals with many different types of disabilities. Appendix A to the Regulations.
Recap: We have discussed the use of eligibility criteria, that is, conditions that operate to prevent disabled individuals from fully participating in a public entities programming. We also discussed the use of service animals, which the regulations limit to dogs – with the exception of a mini horses, which, subject to the assessment factors, are also allowed. We also discussed the rule against asking about a person’s disability, but saw which questions are acceptable. We also discussed the requirement that an animal perform work – this was helpful when distinguishing between a psychiatric service animal, which is allowed, and an emotional support animal, which is not allowed.

22. Image from Microsoft Clip art on Office Online
Limitations
Image from Microsoft Clip art on Office Online
We will now discuss some limitations on the scope of the ADA. Those limitations are fundamental alterations and undue burdens.

23. Limitations
“A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” 28 CFR (b)(7).

24. Limitations Fundamental Alteration Undue Burden
These limitations are available only when a public entity has exhausted all of its options to make its programs, services, or activities accessible to qualified individuals with disabilities.
Image from Microsoft Clip art on Office Online
Additionally, a public entity does not have “to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.” 28 C.F.R Also, an undue burden can be financial or administrative.

25. “Fundamental Alteration”
Southeastern Community College v. Davis, 442 U.S (1979). Section 504 of the Rehabilitation Act case.
A nursing program did not have to provide “individual attention by a nursing instructor” during clinicals to allow her to participate in the nursing program. The student was hearing impaired.
In this case, the student was hearing impaired. The Court found that for the nursing program to take this action would be a “fundamental alteration” in the nature of a program [that] is far more than the regulation requires.”
Changes a program significantly. In this case the student was hearing impaired. The Court found that for the nursing program to take this action would be a “fundamental alteration” in the nature of a program[that] is far more than the regulation requires.”
Image from Microsoft Clip art on Office Online

26. “Fundamental Alteration”
Public entity bears the burden of proving that compliance would produce a fundamental alteration or undue burden
A decision as to fundamental alteration/undue burden must be made by the head of the entity (or his/her designee).
This decision should be made after considering all available resources and there must be a written statement justifying the reasons for the conclusion.
Even with this a public entity still has to make sure individuals with disabilities have access to the program, service, or activity.

27. “Undue Burden” Title II does not define “undue burden” but . . .
Title I refers to an “undue hardship requiring significant difficulty or expense.” It then lists four factors to consider.
Nature and cost of the accommodation
Overall financial resources of the entity
Size of the business relative to its employees and the number, type, and location of facilities
Type of operations
For the full text of this section see 42 U.S.C (10).
Recap: We discussed some concepts that can reduce the scope of the ADA for covered entities, but we saw that they still require a public entity to provide a way for a disabled individual to participate in the public entity’s programming.

28. Administrative Elements
Understanding and Complying with Title II

29. Components ADA Coordinator Notice of ADA Provisions
See 28 CFR (a)
Notice of ADA Provisions
See 28 CFR
Grievance Procedure
See 28 CFR (b)

30. ADA Coordinator Who needs an ADA Coordinator?
Required for public entities with more than 50 employees. “A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part ” 28 CFR (a)
Recommended for public entities with less than 50 employees. See ADA Tool Kit available at

31. What role does an ADA Coordinator serve?
Serves as a resource to consult about the ADA and other disability related issues.
Can be the primary contact when a disabled individual requests an auxiliary aid or service.
Familiarity with alternative formats/technologies that help disabled individuals access information.
For more information about ADA Coordinators see, at page 2.
Even if not required the, it is a good idea to have one. (For governments with less than 50 employees)

32. Notice – 28 C.F.R
Lets the public know the entity is passing along the information in the ADA regulations.
Lets the public know the ADA regulations apply to its services, programs, or activities.
Lets the public know the head of the entity is making them aware that they are protected against discrimination on the basis of disability.
“A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.” 28 C.F.R

33. Notice Applies regardless of the entity’s size.
Public agency determines the best way of notifying the public.
Agency must make sure the notice is accessible to everyone.
The Department of Justice provides a sample notice at
Giving notice is not a one time requirement – it is ongoing. The model notice covers employment, effective communication, making reasonable modifications to policies and programs, not placing surcharges on modifications or auxiliary aids and services, and filing complaints.

34. NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. 
Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.
Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity’s] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of  [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 
Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator].
[Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
This is a sample notice provided by the Justice Department at

35. Grievance Procedures
Applies to local governments with 50 or more employees.
Law does not require an individual to first file an ADA complaint with the public agency before filing suit in federal court.
Title II and its implementing regulations do not spell out what should be in a grievance procedure, but . . .

36. Grievance Procedures
The Department of Justice says the 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; and
a statement of how long complaint files will be retained
All of this information is available at Title II technical assistance manuals can be found at
Recap: We discussed the need for title II entities to have an ADA Coordinator, notice of ADA compliance, and grievance procedures. We saw that there is an employee requirement – calculated by the number of employees government-wide for having an ADA Coordinator and establishing grievance procedures. We also saw that posting Notice of ADA Compliance applies regardless of the public entity’s size.

37. Model 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. State, City, County, Town]'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:                                               

38. Model Grievance Procedure, cont’d
[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 the response to the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee.
Within 15 calendar days after receipt of the appeal, the [City Manager/County Commissioner/ 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/County Commissioner/ 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/County Commissioner/ 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.

39. Program Accessibility
Although we are not covering building modifications in this presentation. It is important to note that maintaining building accessibility is fundamental to the ADA. To access the services, disabled individuals first have to be able to access the building.

40. 28 C.F.R
Facilities must be accessible to disabled individuals.
Exceptions for necessarily making each existing facility accessible, altering a historic building, or “result[s] in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens”
Keep in mind, a goal of the legislation is to make facilities that provide access to a public entity’s programs, services, or activities available to everyone.

41. Communications
Communication – public entities have to be able to communicate their messages to everyone.

42. 28 C.F.R
“A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.” [28 C.F.R (a)]
To do this a public entity must furnish “appropriate auxiliary aids or services” so that an individual with a disability can participate in the public entity’s programs, services, and activities. [28 C.F.R (b)(1)].
The regulations do not mention how far the responsibility to provide an auxiliary aid or service when the disability is non-communicative, but the broad language in the regulations suggests they probably would be covered, too.

43. Providing Auxiliary Aids or Services
“The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place.” [28 C.F.R (2)]
“A public entity has a continuing obligation to assess the auxiliary aids and services it is providing, and should consult with individuals with disabilities on a continuing basis to assess what measures are required to ensure effective communication.” Appendix A to the Regulations .

44. Who chooses the aid or service?
A public entity should give “primary consideration” to the disabled individual’s request.
“[A]ids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.”
28 C.F.R (b)(2)

45. What can the public entity not do?
Require that an individual with a disability bring an interpreter.
28 C.F.R (c)(1)
Rely on an adult accompanying a disabled individual to interpret.
28 C.F.R (c)(2)
Rely on a minor child to interpret
But, there are exceptions to #

46. Exceptions
Emergency
Has to involve “an imminent threat” to “the safety or welfare of an individual or the public and no interpreter is available” [28 C.F.R (c)(2)(i)]
Disabled individual requests the accompanying adult to interpret
Accompanying adult has to agree and it has to be appropriate. [28 C.F.R (c)(2)(ii)]
ADA wants to give the disabled individual decision-making control.

47. Technology/Internet
Section 508 of the Rehabilitation Act calls for federal websites to be accessible by individuals with disabilities.
States sometimes adopt this standard for their use of technology, but it is different from the W3C accessibility standards.
Think about grants made by the Institute of Museum and Library Services, participation in E-Rate, or State/Local requirements to maintain accessible web-based features. The federal government sets accessibility standards in the regulations for electronic information.
Image from Microsoft Clip art on Office Online

48. Website Accessibility Standards
Department of Justice will issue a Notice of Proposed Rule Making to require Title II entities to adopt website accessibility standards.
The Department anticipates releasing the notice in July 2013
For more information see
The regulations cited in this presentation are the regulations – the CFR is updated at different points during the year, so in July 2013 ADA regulations will be updated.
Recap: We discussed the need for effective communication via auxiliary aids and services and saw that the type of aid differs according to the “length and complexity” of the communication. Passing notes to a deaf individual during a due process hearing would not be “effective” but passing notes to assist a deaf individual with a reference question is probably ok. We also saw that a public entity should give “primary consideration” to a disabled individual’s request for effective communication. We saw some things a pubic entity cannot require a disabled individual to do, but we saw two exceptions to that regulation. Finally, we saw that effective communication will soon encompass the creation of accessible websites – your library’s technology and ADA coordinator would be helpful people to consult when implementing these new regulation.

49. Summary
We covered a lot of ground today we discussed the background of the ADA, its goals, and some key definitions and limitations.
We also discussed access to programs and services, the use of service animals, and some internal steps for ADA compliance.
Finally, we discussed communication and internet technology.

50. Resources http://www.w3.org/WAI/
(Standards to help guide making websites accessible)
title42/pdf/USCODE-2011-title42-chap126.pdf
(Text of the ADA; Title II begins at § 12131; Definitions begin at § 12101)
idx?c=ecfr&SID=3c89ad4795f2c0ffb52ae753e05c5251&rgn =div5&view=text&node=28: &idno=28#28:
(Code of Federal Regulations for Title II)

51. Resources http://www.ada.gov/pcatoolkit/abouttoolkit.htm
(Overview of the ADA)
(Link to an assortment of technical assistance publications)
(Title II Technical Assistance Manual)

52. Contact Information
Thank you all for attending today!
I will only be at ISL until July 31.
Remember, this presentation is for legal information NOT legal advice.