SECTION 504/ADA TECHNICAL ASSISTANCE HANDBOOK Prepared By Division of Community Services 1600 East Century Avenue, Suite 2 PO Box 2057 Bismarck, North Dakota 58502-2057 (701) 328-5300 Phone (701) 328-2308 Fax April 2004 ALTERNATIVE FORMATS FOR DISABLED PERSONS ARE AVAILABLE UPON REQUEST TABLE OF CONTENTS INTRODUCTION............................................................... 1 How Do I Use this Handbook?................................................... 1 Overview of Each Section. ..................................................... 1 Why Do We Have to Complete a Self-Evaluation and Transition Plan?................... 2 What Does Program Accessibility Mean?. ......................................... 2 How Do I Organize the Self-Evaluation and Transition Plan?. ......................... 3 SECTION I: CHECKLIST............................................ ........... 5 SECTION II: SELF-EVALUATION PROCESS . .................................. 8 504/ADA Coordinator. ....................................................... 10 Review Committee........................................................... 12 Notice of Discrimination. ..................................................... 14 Policy Regarding Nondiscrimination............................................. 16 Grievance Procedure.......................................................... 17 Provision of Effective Communication. .......................................... 20 Auxiliary Aids and Services.................................................... 22 Historic Preservation. ........................................................ 25 Employment Facts. .......................................................... 26 Nondiscrimination Through Contract.. ........................................... 27 Undue Burden and Fundamental Attention. ....................................... 28 Two Most Common Questions & Answers. ....................................... 29 Practical Exercises. .......................................................... 30 Self-Evaluation Questionnaire. ................................................. 40 SECTION III: TRANSITION PLAN. ............................................ 47 Transition Plan Requirement. .................................................. 47 ADA/504 Transition Plan Outline. ............... ............................... 48 Accessibility Checklist........................................................ 50 ii INTRODUCTION The Division of Community Services (DCS) is committed to educating local governments on the requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Under Section 504, state and local governments and other entities receiving federal assistance are required to make their programs, activities, and services accessible to individuals with disabilities. Title II of the ADA extends this requirement to all state and local governments, whether or not they receive federal funds. Title II applies regardless of the public entity’s size and seeks to ensure access to all publicly funded programs, services, and agencies. Public entities that receive federal funds are subject to the requirements of both the ADA and Section 504. The DCS has developed a standardized approach to assist in achieving compliance with these laws. This approach integrates the differences and similarities of Section 504 and the ADA. The DCS believes that cities, counties, and individuals with disabilities can work together as a team to promote the exchange of information and develop positive working relationships. Careful planning, aggressive outreach, and a strong commitment by citizens and officials alike are basic building blocks to ensure an on-going accessibility program. The end result is that the programs, services, and activities of all communities in North Dakota will be accessible for all people. How Do I Use this Handbook? This handbook is a guide for communities and other entities that receive federal funding from the DCS. You can use this handbook as a workbook. As you complete the exercises in the handbook, think of your city’s, county’s or organization’s programs, services and activities and make notes to address in the Self-Evaluation. This handbook should not be considered as legal advice in replacement of the federal regulations. In some areas we make reference only to the ADA because all levels of government must comply with the ADA. However, these areas of the book are also pertinent to Section 504. Information from this handbook can help you develop an ongoing accessibility program to make your services, activities, and programs accessible for individuals with disabilities. For further clarification on Section 504 and the ADA, consult the applicable federal regulations and the ADA’s Title II Technical Assistance Manual, or call Rich Gray at 328-3698. Overview of Each Section Section I (pages 5-7) of this handbook contains a checklist that is to be completed and submitted to the DCS, along with your Self-Evaluation and Transition Plan. This is a guide to assure that you complete all requirements of the Self-Evaluation and Transition Plan. 1 Section II (pages 8-46) of this handbook is the Self-Evaluation process. It contains information and written exercises that you should read and complete before conducting the Self-Evaluation of your programs, policies, and procedures. The following is an overview of Section II. A. Informational worksheets on how to accomplish the following requirements: STEP 1: Designate a 504/ADA Coordinator STEP 2: Organize a Citizen Review Committee STEP 3: Develop Your Policy on Nondiscrimination STEP 4: Develop Your Grievance Procedure STEP 5: Provide Effective Communication STEP 6: Provide Auxiliary Aids and Services B. Questions on disability, employment, and Title II activities to help you understand com- mon practices of discrimination and recognize common problems in your Self-Evaluation. Keep in mind that as circumstances change, the answers to these questions may also change. Therefore, it is essential that you apply the 504/ADA regulations on a case-by-case basis. C. A Self-Evaluation questionnaire to assist in your review of city/county programs, policies, and procedures. Complete this questionnaire after you work through the activities in parts A and B above. This questionnaire and its results constitute your Self-Evaluation. Section III (pages 47-67) of this handbook is about the Transition Plan. It contains information you will need to complete before developing your Transition Plan, and it contains the outline you need to complete for each building requiring structural changes. Worksheets are included that focus on structural modifications to make your programs accessible. An accessibility checklist is included on pages 50-67. A more complete Americans with Disabilities Act Accessibility Guidelines Checklist can be obtained from the DCS. Once you complete all of the exercises and provide all necessary documentation in Sections II and III, you will be prepared to make the changes to comply with Section 504, and the ADA requirements. DOCUMENT EVERYTHING THAT YOU DO SO THAT YOU WILL BE ABLE TO DEMONSTRATE A GOOD FAITH EFFORT. Why Do We Have to Complete a Self-Evaluation and Transition Plan? These documents will help you review your programs, services and activities to determine what you must do to make your services available to individuals with disabilities. Your goal is to meet the standard known as “Program Accessibility.” In addition, both Sections 504 and the ADA require these to be completed. What Does Program Accessibility Mean? A public entity (state and local government) or any entity that receives federal funds may not deny the benefits of its programs, activities, services to individuals with disabilities because its facilities are inaccessible. When viewed in their entirety, an entity’s services, programs, or activities, must be accessible to and usable by individuals with disabilities. 2 This standard is known as “program accessibility,” and it applies to all existing facilities (buildings, parks, etc.) of an applicable entity. However, applicable entities are not necessarily required to make each of their facilities accessible. In many cases, providing access through structural changes may be the most effective way of providing program access. BUT, program accessibility may be provided in ways other than structural modifications. When choosing a method for providing program access, an entity must give priority to the method that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. This Self-Evaluation process is critical in determining how to make your programs accessible. Without, a comprehensive evaluation, it is difficult for an applicable entity to determine how to make its programs, services, and activities accessible when viewed in their entirety. Is a City, County, or Organization Required to Make Programs Accessible If No Individuals with a Disability are Known to Live in the Community? YES. You must make programs accessible even if no individuals with disabilities live in the community. In the future some residents may become disabled, or someone with a disability may become a new resident. What Are Some Examples of Providing Program Access Without Making Structural Changes? (cid:76) Purchase equipment (cid:76) Move programs to accessible locations (cid:76) Provide qualified aids (cid:76) Modify existing equipment What Are Some Examples of Providing Program Access Through Structural Changes? (cid:76) Build a ramp (cid:76) Provide accessible parking spaces (cid:76) Modify the bathrooms (cid:76) Install curb ramps (cid:76) Install a lift or elevator Is There a Time Period for Achieving Program Accessibility? For the ADA, public entities were required to achieve program accessibility by January 26, 1992. If structural changes are needed to achieve program accessibility, they must have been made no later than January 26, 1995. This 3-year time period was not a grace period; instead, it was a deadline, meaning that all changes were to be made as soon as possible. How Do I Organize the Self-Evaluation and Transition Plan? You should use a 3-ring binder to organize the Self-Evaluation and Transition Plan documentation. Tab the sections in your binder to help you locate information easily. 3 Why Should I Organize the Documentation in a 3-Ring Binder? By using a 3-ring binder, you can monitor and update the plans as your entity progresses in its 504/ADA compliance efforts. If there is a request to review efforts to comply with 504/ADA, all documentation will be organized in one binder. Your plans are living documents to be used, not placed on a shelf and forgotten. From time to time, as things change, you will want to revisit your Self- Evaluation and Transition Plan for updating. In addition, you will want to use the information to train existing and new staff on policies and procedures related to 504/ADA. 4 SECTION I CHECKLIST Organize Your Self-Evaluation Plan: As you include the documentation on the following items in your Self-Evaluation and Transition plans, check off each item in the list. Designated Employee (Required under Section 504 when an entity has more than 15 employees, and under ADA for 50 or more employees). (cid:148) Not applicable S less than 15/50 employees. (cid:148) Name of 504/ADA coordinator S complete and include page 11 with your Self-Evaluation. NOTE: If not required to designate a coordinator, complete page 11 for person responsible for the Self-Evaluation. Citizen Participation - You are required to consult with people with disabilities or organizations representing persons with disabilities. (cid:148) Name of committee members and their background. (cid:148) Committee meeting minutes. (cid:148) Minutes of city council or commissioner meetings pertaining to ADA/504 issues. Notification of Nondiscrimination (Required under Section 504 when an entity has more than 15 employees, and under ADA for 50 or more employees). (cid:148) Not applicable S less than 15/50 employees. (cid:148) Copy of your policy on nondiscrimination (see page 16 for an example). (cid:148) Copy of the notice published in the newspaper (see page 15 for an example). Grievance Procedure (Required under Section 504 when an entity has more than 15 employees, and under ADA for 50 or more employees). (cid:148) Not applicable S less than 15/50 employees. (cid:148) Copy of your grievance procedure (see page 18 for an example). (cid:148) Statement in your nondiscrimination notice that a grievance procedure is available. (cid:148) Methods on how you will notify the public and staff about your grievance procedure. 5 Provision of Effective Communication (cid:148) Copy of your policy on effective communication (see page 20 for an example). (cid:148) Steps (procedures) that will be taken to ensure that the policy is carried out. (cid:148) Methods on how you will inform the public that your city or county will provide effective communication. Provision of Auxiliary Aids and Services (cid:148) Description of the methods for providing auxiliary aids and services. (cid:148) Description of how a person with a disability can request auxiliary aids and services. (cid:148) Steps by which you will advertise to individuals with disabilities that the city or county will provide auxiliary aids and services. (cid:148) Description of the methods your city or county will use to ensure that meetings, hearings, and conferences are accessible for individuals with communication disabilities. (cid:148) Description of how your city or county will provide effective communication over the telephone. (cid:148) Description on how your city or county will provide alternative formats for written materials. Self-Evaluation Questionnaire (cid:148) Completion of the Self-Evaluation questionnaire on pages 41-46. (cid:148) Documentation to support answers in the questionnaire. (cid:148) Description of all policies, procedures, or unwritten practices that discriminate or exclude individuals with disabilities. (cid:148) Description of all policies, procedures, or unwritten practices that you will create or modify to prevent discrimination. (cid:148) A copy of all final modifications to policies, procedures, and practices. Accessibility Checklist (cid:148) Completion of accessibility checklist. (cid:148) Identify structural barriers that can be overcome through nonstructural changes, i.e. moving a service from one floor to an accessible floor. (cid:148) Completion of ADA/504 Transition Plan Outline for each building in which structural changes must be made to achieve accessibility, because no non-structural solution is available. 6 Fundamental Alteration and Undue Burden (cid:148) Policy on using fundamental alteration and undue burden when providing program accessibility (see page 28 for definition). (cid:148) Written documentation supporting your entity’s reason for claiming this standard. (cid:148) Documentation that all resources available for funding and operation of the service, program, or activity were taken into consideration. (cid:148) Documentation that the decision to claim this standard was made by the head of the city, county, or organization. (cid:148) Description of alternative modifications or methods that are feasible to ensure that your city, county, or organization does not discriminate. Submit the Self-Evaluation and Transition Plan to the DCS. Include: (cid:148) Checklist from pages 5-7. (cid:148) The Self-Evaluation Checklist (pages 41-46). Include name of entity, contact person, and telephone number. (cid:148) The ADA/504 Transition Plan Outline on pages 48-49, for each building. 7 SECTION II SELF-EVALUATION PROCESS Why Do We Have to Conduct a Self-Evaluation? The basic mandate of Section 504 and Title II of the ADA states that “no qualified individual with a disability shall be excluded from participation, denied benefits, services, access to programs, or activities, or be subjected to discrimination by any public entity.” All public or other applicable entities, regardless of size, must conduct a Self-Evaluation. The Self-Evaluation is a comprehensive review of an entity’s policies and practices. The Self-Evaluation includes communication and employment, as well as the policies and practices for all services, programs, and activities. The Self-Evaluation must involve: • Identifying any services, policies, or practices that discriminate against or exclude people with disabilities. • Modifying all services, policies, and practices that are discriminatory or exclusionary. Information to Include in the Self-Evaluation • List of interested persons (to include persons with disabilities or persons representing them) consulted about the Self-Evaluation • Description of the areas examined and any problems identified • Description of any modifications made to your policies, procedures, services, and programs How Long Do We Have to Complete a Self-Evaluation? For the ADA, the Self-Evaluation should have been completed by January 26, 1993. However, public entities have been liable for any discriminatory policies or practices since January 26, 1992. Therefore if any practices are identified during the review, your city or county must modify them immediately. For other entities required to do a Self-Evaluation because of Section 504, it must be completed and submitted to the DCS before the DCS approves a new grant or the final drawdown of funds. How Do We Begin the Self-Evaluation Plan Process? • Compile a list of all of your entity’s programs, activities, and services. 8