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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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Affirmative Survey ResponsesCommunities 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%)

CT Municipal ADA Survey

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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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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 1:12, 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.

Exterior Access Routes: N=37

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8 of 27 buildings have at least one fully accessible unisex rest room or one pair of men’s and women’s

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.

Restrooms

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Parking27 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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Recommendations5) 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