800 949 4232 VTTY www adagreatlakes org AMERICANS

800 -949 -4232 (V/TTY) www. adagreatlakes. org AMERICANS WITH DISABILITIES ACT (ADA) Understanding Obligations under Title II of the ADA Presented by: Robin Jones, Director Great Lakes ADA Center University of Illinois at Chicago

800 -949 -4232 (V/TTY) www. adagreatlakes. org Welcome 2 9/28/2010

800 -949 -4232 (V/TTY) www. adagreatlakes. org Why is this information important? • The ADA is a civil rights law that protects against discrimination on the basis of disability • The requirements of the ADA meet the needs of a growing and aging population • To ensure that municipalities provide equal access to people with disabilities seeking to use their facilities and services • To educate and empower municipal personnel about the importance of providing equal access for people with disabilities 3

800 -949 -4232 (V/TTY) www. adagreatlakes. org Americans with Disabilities Act – Title II • Statutory Anti-Discrimination Provision • “No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. ” • Coverage - State and local governments • Effective date - Generally, January 26, 1992 4

800 -949 -4232 (V/TTY) www. adagreatlakes. org Structure of the ADA • Title I – • Title III – • Title IV – • Title V – Employment State and Local Government Places of Public Accommodation and Commercial Facilities Telecommunications Miscellaneous Provisions 5

800 -949 -4232 (V/TTY) www. adagreatlakes. org Civil Rights for People with Disabilities “The ADA is nothing less than an emancipation proclamation for people with disabilities. ” -Senator Tom Harkin, 1990 The ADA is the civil rights law for people with disabilities 6

800 -949 -4232 (V/TTY) www. adagreatlakes. org Disability in America • 18% of the general population has some form of disability* • Largest Minority Population in the US • 24% of people age 18 and older have a mental illness* • 38% of people age 18 and older have some form of hearing loss* • 20% of the US population has some form of vision loss* • 20% of the US Population has a physical limitation* • 21% of families in the US has at least one family member with a disability • 42% of individuals over the age of 65 has one or more disabilities *National Institute of Mental Health, *American Foundation for the Blind, *US Census Bureau 7

800 -949 -4232 (V/TTY) www. adagreatlakes. org Who is a Person with a Disability? • There are different definitions depending on the law or regulation • Examples: • Disabled Parking • Long or Short Term Disability Insurance • Social Security – Disability Benefits • Civil Rights • Americans with Disabilities Act • Section 504 of the Rehabilitation Act 8

800 -949 -4232 (V/TTY) www. adagreatlakes. org Definition of Disability under the ADA* • Individual with a physical or mental impairment that limits them in one or more major life activities; • Individual with a record of such an impairment; • Individual who is regarded as having such an impairment *ADA Amendments Act of 2008 reframed the definition with less emphasis on how “severely limited” someone was. Episodic conditions or those in remission are also covered. 9

800 -949 -4232 (V/TTY) www. adagreatlakes. org What Are Major Life Activities? * • Major life activities include, but are not limited to: • • • • • Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Working Interacting with Others • Major life activity also includes the operation of a major bodily function, including but not limited to: • • • Functions of the immune system Normal cell growth Digestive system Bowel function Bladder function Neurological system Brain function Respiratory system Circulatory system Endocrine system Reproductive functions *ADAAA Regulations, March 25, 2011, Equal Employment Opportunity Commission 10

800 -949 -4232 (V/TTY) www. adagreatlakes. org Others who are protected against discrimination under the ADA • Individuals who are associated with a person with a disability: • Family member, significant other, etc. 11

800 -949 -4232 (V/TTY) www. adagreatlakes. org LET’ GET STARTED Review of How the ADA Applies to the Programs and Services Offered by Local Municipalities 12

800 -949 -4232 (V/TTY) www. adagreatlakes. org ADA Title II – What’s Included? • All activities, services or programs of public entities including but not limited to: • Laws, ordinances and policies; • Public programs or services (permits, licensing, Police/Fire, etc. ); • Emergency Response • Public meetings (Board Meetings, Public Events, etc. ); • Elections; • Public Educational Programs (K-12 School Districts, Post Secondary • • Institutions, etc. ); Local parks & recreation facilities/programs; Roads and infrastructure construction/maintenance and repair; Government buildings; Web based information/websites 13

800 -949 -4232 (V/TTY) www. adagreatlakes. org Key Element In the ADA - Equal Opportunity • Individuals with disabilities should have an opportunity to participate and benefit • The obligations under the ADA apply to all programs, activities, goods, services • The opportunities for people with disabilities must be equal to and as effective as the opportunities that are provided to others 14

800 -949 -4232 (V/TTY) www. adagreatlakes. org Key Element in the ADA– Non-discriminatory Eligibility Criteria • Eligibility criteria that tend to screen out people with disabilities may not be used unless it is necessary for the provision of services or activities • Legitimate safety requirements may be applied 15

800 -949 -4232 (V/TTY) www. adagreatlakes. org Key Element in the ADA – Integration vs Segregation • The integration of people with disabilities is required to the maximum extent appropriate • Separate programs are permitted when it is necessary to ensure equal opportunity • Entities cannot exclude people with disabilities from their regular programs • Entities cannot require an individual with a disability to accept separate benefits 16

800 -949 -4232 (V/TTY) www. adagreatlakes. org EXPLORING SPECIFIC REQUIREMENTS TO ENSURE EQUAL ACCESS FOR PEOPLE WITH DISABILITIES Local government programs, services and activities shall be readily accessible to and useable by people with disabilities 17

800 -949 -4232 (V/TTY) www. adagreatlakes. org What are “Programs”? Broadly defined: • A “program” is a service or activity with a single purpose. • It is an activity undertaken by an entity that affords benefits, information, opportunities or activities to one or more members of the public. 18

800 -949 -4232 (V/TTY) www. adagreatlakes. org Program Accessibility • Achieving program accessibility does not necessarily require physical changes to a building • Examples of how to provide program accessibility: • Relocate services to an accessible location in the same building or move them to a building that is accessible • Deliver the service at an alternate site • Modify a policies and/or procedure • Deliver services in an alternate way • Priority must be given to delivering the program, service or activity in the most integrated setting that is appropriate 19

800 -949 -4232 (V/TTY) www. adagreatlakes. org Providing Auxiliary Aids and Services • Examples of auxiliary aids and services for people who are Deaf or hard of hearing • • TTY or TRS Video Remote Interpreting (VRI) Amplified handsets on the telephone Captioning (closed or open) Assistive listening systems and devices Qualified Interpreters (sign language, oral speech) Computer Aided Real Time Transcription (CART) Written communication • Entities must give primary consideration to the individual’s choice of an auxiliary aid or service 20

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is a TTY? • TTY stands for Text Telephone • May also be referred to as a TDD or Telecommunication Device for the Deaf • A TTY may also be used by individuals who have difficulty using a traditional telephone due to difficulty with their speech • Messages are typed back and forth versus requiring someone to talk or listen on a telephone • TTY’s are required to be used when communication with the public is complex and/or privacy is critical 21

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is Telecommunication Relay Service? (TRS) • TRS allows someone who is not deaf to talk to someone who uses a TTY due to their disability • TRS is a 3 -way communication method. • Individual who does not have a TTY places a call to the TRS Operator • The TRS Operator places a call using a TTY to the individual you want to call • The TRS Operator relays the message back and forth between both parties • 711 is the universal telephone number to reach a TRS Operator 22

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is Video Remote Interpreting (VRI)? • Use of video or web cameras and telephone lines to provide sign language interpreting services, for deaf, hardof-hearing or speech-impaired individuals, through an offsite interpreter • Often used when an on-site sign language interpreter cannot be secured (i. e. rural/remote locations) or in emergency situations (i. e. arrest, emergency room, etc. ) 23

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is Closed or Open Captioning? • Captioning - displaying text on a television, video screen or other visual display. • Used by individuals who are deaf or hard of hearing, including the elderly • Used by individuals with learning disabilities • Used by individuals for who English is a second language • Closed Captioned – The captioning is turned “on” or “off” by the user. • Open Captioned – The text appears on the screen all of the time 24

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is Sign Language ? • “Sign language” is a generic term for different types of manual communication. • American Sign Language (ASL) – most common form of manual communication used by individuals who are deaf • Transliterator – Individual who translates oral speech into some other form of manual communication • Oral Interpreter - Individual who precisely mouths the speakers words silently. This is used by individuals who are deaf/hard of hearing who do not use sign language • A “qualified interpreter” is someone who can interpret competently, accurately, and impartially 25

800 -949 -4232 (V/TTY) www. adagreatlakes. org What is Computer Aided Real Time Transcription (CART)? • The use of a court reporting machine by a trained person to input spoken text and displayed on a computer screen or projected onto a larger screen • CART is commonly used by individuals who are deaf/hard of hearing who do not know sign language • CART is also used by individuals with learning disabilities who benefit from hearing and reading information delivered orally 26

800 -949 -4232 (V/TTY) www. adagreatlakes. org Providing Auxiliary Aids and Services • Examples of auxiliary aids and services for people who are blind or have low vision: • Braille documents • Large print is considered use of a type font 18 point or larger depending on the person’s need • Documents in an accessible electronic format provided via email or email attachment, stored on a CD or USB drive. • Accessible formats include Word, RTF, HTML, etc. • Qualified readers • Taped texts or audio recordings 27 27

800 -949 -4232 (V/TTY) www. adagreatlakes. org Providing Auxiliary Aids and Services • Examples of auxiliary aids and services for people who have speech disabilities: • Communication boards • TTY’s and other electronic methods (computer, tablet, chat, text, etc. ) • Writing notes back and forth 28

800 -949 -4232 (V/TTY) www. adagreatlakes. org Providing Auxiliary Aids and Services • Examples of auxiliary aids and services for people who have cognitive disabilities: • Using simplified language when talking to the individual • Simplify reading materials and remove technical terms and • • language. Use pictures and diagrams for instructions if feasible During conversation use gestures and pictures to illustrate points Demonstrate what you want the person to so if giving instructions Talk slow and take additional time to explain what you mean Be prepared to repeat information 29

800 -949 -4232 (V/TTY) www. adagreatlakes. org When are Auxiliary Aids and Services Required? • Meetings • In-person meetings whether one-on-one or in groups • Regularly scheduled CAP, community meetings, council meetings, hearings, etc. • Events held or sponsored by the municipality • Conferences, training events, special events, etc. • Written information produced and distributed by the municipality • Brochures, flyers, agendas, forms, etc. • Cable TV Programming/Web Based Broadcasting produced by the municipality • Meetings, etc. 30

800 -949 -4232 (V/TTY) www. adagreatlakes. org Identify Responsible Employee • ADA Coordinator – designated individual who is responsible for addressing ADA related issues within a municipality, department or agency • The term “ADA Coordinator” is not mandated by law. Under the ADA Title II the requirement is : Designated employee with sufficient authority to act on behalf of the entity to resolve complaints, etc. 31

800 -949 -4232 (V/TTY) www. adagreatlakes. org Some Important Questions • Where do you fit in the hierarchy? • Do you report directly to the Mayor or Town Manager? • Do you report to the Human Resources Director? • Do you report to a mid-level administrator? • Do you report to anyone? • Whose ear do you have? • Consider other departments as well as management. • Whose ear do you need? 32

800 -949 -4232 (V/TTY) www. adagreatlakes. org Notice to the Public • Print information should include language regarding the availability of accommodations (brochures, advertisements, applications, etc. ) • Meeting Notices, Event flyers, Newspaper or Radio Announcements, etc. should include information regarding availability of accommodations to participate 33

800 -949 -4232 (V/TTY) www. adagreatlakes. org Illinois Specific requirement re: Notice to Public re: ADA Coordinator (PA 96 -0650) Effective 2010 • Illinois Law requires that all local municipalities to: • post or publish specified information pertaining to the Americans with Disabilities Act coordinator employed by the respective unit of local government. • Requires counties, townships, and municipalities to post or publish specified information pertaining to the grievance procedures adopted by the respective unit of local government to resolve complaints alleging a violation of Title II of the Americans with Disabilities Act • Provides that a county, township, or municipality that does not maintain a website must publish in a newspaper or a newsletter specified information at least once "every other year" • Example: Village of Arlington Heights 34

800 -949 -4232 (V/TTY) www. adagreatlakes. org What to Include about Accommodations? • Identify any timeframe necessary to request an accommodation • i. e. No later than 72 hours in advance or the event/meeting or by a specific date • Identify the person responsible for addressing accommodation requests if appropriate • Include a phone number, email and name if possible • Staff should be prepared to respond to the request • Train all staff on how to respond to requests for accommodations • A process/procedure should be developed and readily available to the public regarding how requests are made. 35

800 -949 -4232 (V/TTY) www. adagreatlakes. org Reasonable Modifications……. • …to policies are required when it is necessary to ensure equal opportunity. Examples: • No pets allowed – must allow service animals or make arrangements for service animal car/transport • Do not transport personal items – must transport or make arrangements for personal mobility devices/equipment • Drivers license for identification required – must accept comparable ID (State ID, etc. ) • …. to practices are required when it is necessary to ensure equal access. Examples: • Schedule sign language interpreter for public meetings, press conferences, etc. • All public meetings scheduled in accessible facilities 36

800 -949 -4232 (V/TTY) www. adagreatlakes. org Reasonable Modifications……. • …. to procedures are required when it is necessary to ensure equal opportunity. Examples: • Allow additional time for someone to respond or communicate who may have communication barriers due to a disability or be accompanied by a support person/advocate • Allowing somebody to perform a task differently than everyone else does or during different hours, etc. • Local municipalities are not required to make a modification if doing so would result in a fundamental alteration to the nature of the program and/or service 37

800 -949 -4232 (V/TTY) www. adagreatlakes. org Service Animals • Service Animals are limited to dogs • Other species of animals are not considered service animals (i. e. rodents, reptiles, pigs, rabbits, monkeys, etc. ) • Miniature Horse exception • A service animal is individually trained to do work or perform tasks for the benefit of an individual with a disability • A dog that is trained or used specifically for emotional support is not considered a service animal • Permissible Inquiry • Is the service animal needed because of a disability? • What service(s) or tasks has the animal been trained to provide? • CANNOT ASK about the nature of the disability or require that they demonstrate the service provided • Federal Housing Law allows for Emotional Support Animals in apartments, condos, etc. even where there are “no pet” polices in place. 38

800 -949 -4232 (V/TTY) www. adagreatlakes. org Service Animals – State of IL Law • State Criminal Code defines service animals to include: • dogs (and miniature horses) that are trained or in training as a guide animal, hearing animal, seizure alert animal, assistance animal, mobility animal, autism assistance animal, psychiatric service animal, or animal trained for any other physical, mental, or intellectual disability. State law does not recognize an animal that is trained or used specifically for emotional support • State Specific Language re: Swimming Pools: • provision that applies to public swimming pools: These facilities must allow service animals that are trained to perform a specific task or work in the water, unless doing so would pose a direct threat to the health and safety of other patrons or to the sanitary conditions or function of the facility. 39

800 -949 -4232 (V/TTY) www. adagreatlakes. org Service Animals – State of IL Law • Illinois Law re: Housing and service or emotional support animal more limiting than federal law: • it is illegal to refuse to sell or rent housing to someone who is blind, hearing impaired, or has another physical disability because that person has a guide dog, hearing dog, or other support dog. • Illinois Human Rights Act and Illinois White Cane Law exclude psychiatric service dogs or those used by individuals with mental disabilities. The language is specific to physical disability, hearing impairment, epilepsy or other seizure disorder. 40

800 -949 -4232 (V/TTY) www. adagreatlakes. org Surcharges • Surcharges cannot be imposed on people with disabilities • e. g. You cannot charge a participant extra to participate in a program if they require a sign language interpreter or other type of accommodation • Additional requirements may not be imposed on people with disabilities that are not imposed on others 41

800 -949 -4232 (V/TTY) www. adagreatlakes. org Personal Services/Devices • Local municipalities are not required to provide people with disabilities: • Devices for personal use such as wheelchairs, prescription eyeglasses, hearing aids, etc. • Exception: When incarcerated or held in a situation where their own equipment is not available and/or their equipment is missing due to the circumstances • Personal assistance service such as eating, toileting or dressing • Exception: When incarcerated or held in situation where their own personal care assistance cannot be accessed • …. . unless these services are typically provided to others 42

800 -949 -4232 (V/TTY) www. adagreatlakes. org Facility Accessibility • New Construction (facilities built after 1992): Must meet the 2010 ADA Standards • Alterations (facilities altered after 1992): The areas that are altered 2010 ADA Standards (with a few exceptions) • Existing Facilities (Buildings that existed prior to 1992) Accessibility improvements are required when it is necessary to provide access to the program • Compliance with the 2010 ADA Standards • Compliance with local and state codes 43

800 -949 -4232 (V/TTY) www. adagreatlakes. org Self-Evaluation and Transition Plans • I already did them 20 years ago!!!!! • Times change - so do facilities, programs, and staff, and……. the 2010 ADA requirements. • I think we did them 20 years ago, but I can’t find it anywhere!!!! • Times change - so do facilities, programs, and staff, and……. the 2010 ADA requirements. • I just got here and I don’t know anyone or where anything is – help!! • Hang in there. 44

800 -949 -4232 (V/TTY) www. adagreatlakes. org Self-Evaluation and Transition Plans • The deadlines for completing this is 23 years past. What if we never did it? • The 2010 revised regulations do not specifically require a new self-evaluation or transition plan. So, are we off the hook? • How can you plan to meet compliance obligations without assessing where you are now and where you need to go? • Completing an assessment, developing a plan, and following through may serve as evidence of a good faith effort to comply. 45

800 -949 -4232 (V/TTY) www. adagreatlakes. org Self-Evaluation • Assess. A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. • Seek Input. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. 46

800 -949 -4232 (V/TTY) www. adagreatlakes. org Self-Evaluation • (c) Keep records. A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: • (1) A list of the interested persons consulted; • (2) A description of areas examined any problems identified; and • (3) A description of any modifications made. 47

800 -949 -4232 (V/TTY) www. adagreatlakes. org Transition Plan • Make a Plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop…. a transition plan setting forth the steps necessary to complete such changes. • Seek Input. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. • Let the Public Know. A copy of the transition plan • shall be made available for public inspection. 48

800 -949 -4232 (V/TTY) www. adagreatlakes. org Transition Plan • The plan shall, at a minimum – • (i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; • (ii) Describe in detail the methods that will be used to make the facilities accessible; • (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and • (iv) Indicate the official responsible for implementation of the plan. 49

800 -949 -4232 (V/TTY) www. adagreatlakes. org Temporary Events • Local municipalities are responsible for the accessibility of any events that they sponsor (in whole or in part) • There are no exemptions to creating access when events are using “temporary” versus permanent venues • The obligation applies even when event takes place on private versus public property 50

800 -949 -4232 (V/TTY) www. adagreatlakes. org Temporary Events - Continued � All requirements apply to temporary events: Architectural Access �Parking �Path of Travel �Stage �Seating Communication Access �Sign Language Interpreters or real-time captioning �Materials in Alternative Formats Modification of Policy and Procedure �Allow Service Animals �Modify Seating policies, etc. 51

800 -949 -4232 (V/TTY) www. adagreatlakes. org Transportation Accessibility • Transportation provided by the municipality • Police Transport • Emergency and Non-Emergency Transport • Specialized transport services for different groups (i. e. seniors, etc. ) 52

800 -949 -4232 (V/TTY) www. adagreatlakes. org Emergency Preparedness • Inclusion of special needs populations in local emergency planning, and seek input on your plan • Include people with disabilities in disaster simulations • Educate people with special needs on self preparedness and realistic expectations of emergency services • Consider development of a voluntary registry to assist with planning 53

800 -949 -4232 (V/TTY) www. adagreatlakes. org Accessible Information Technology • Website • Information • Meeting notices • Retrieve Documents (reports, forms, etc) • Alerts, etc. • Interactive Services • Apply for permits • Pay bills/fines (parking tickets, etc)* • Submit applications • Video Messages • Kiosks & ATM’s* • Informational, payment, etc. *Even if a 3 rd Party Vendor is used 54

800 -949 -4232 (V/TTY) www. adagreatlakes. org Obligation for Accessible Web Based Information • Local Government Websites have become the “virtual office” • Same obligations for accessibility apply to the “virtual” world as to the physical world • Structure and content of the website should be accessible to people with disabilities • Navigation/Structure so that citizens can easily “get around” the website and find information • Alternate Text on images so that citizens will know what is contained on the website • Accessible documents so that citizens can access information posted on the website 55

800 -949 -4232 (V/TTY) www. adagreatlakes. org Seeking Public Input and Support • Consider the following: • Network with disability organizations in your community • Engage citizens with disabilities in your planning process • Develop an “Advisory Board and/or Commission” to provide guidance to the municipality on issues impacting citizens with disabilities • Consider membership composition to include but not be limited to individuals representing a cross section of disabilities, family members or significant others of people with disabilities, leadership of disability related organizations in your community, architects/designers with ADA expertise who reside/practice in your community, members of the legal community who practice disability rights law, etc. • Include people with disabilities on municipal committees, boards, task forces, etc. to ensure that the “voice” of persons with disabilities is at the table 56

800 -949 -4232 (V/TTY) www. adagreatlakes. org Resources for Additional ADA Information • US Department of Justice • 800 -514 -0301 (V) • 800 -514 -0383 (TTY) • Web Site: http: //www. ada. gov • US Access Board (architectural accessibility) • 800 -872 -2253 (V) • 800 -993 -2822 (TTY) • Web Site: http: //www. access-board. gov 57

800 -949 -4232 (V/TTY) www. adagreatlakes. org Illinois Specific Resources • Illinois Department of Human Rights • https: //www. Illinois. gov/dhr • Illinois Attorney General’s Office – Disability Rights Bureau • http: //www. ag. state. il. us/rights/disabilityrights. html • Illinois Capital Development Board – Illinois Accessibility Code • https: //www. illinois. gov/cdb/business/codes/Pages/Illinois. Accessibil ity. Code. aspx 58

800 -949 -4232 (V/TTY) www. adagreatlakes. org QUESTIONS? General ADA Technical Assistance: Great Lakes ADA Center 800 -949 -4232 (V/TTY) info@adagreatlakes. org www. adagreatlakes. org 59