The Americans with Disabilities Act

1
Accessibility and Recreation Understanding ADA
Requirements and Finding Practical Solutions to
Access
2
Accessibility and Recreation

• This training will address
• The basics of the ADA as it applies to recreation
  services
• Simple ways to create program access through
• Policy and Procedural Changes
• Auxiliary aids
• Physical Accessibility Improvements
• Resources for adaptive and assistive technology
  that can increase access

3
Definition of Disability

• An individual with a disability is one who
• has
• has a record of, or
• is regarded as having
• a physical or mental impairment that
• substantially limits a major life activity.

4
How do you know if a person is covered by the
ADA?

• Yes, you may ask a registrant if they have a
  covered disability.
• You may not ask what the disability is.
• You may wish to have a poster that explains who
  is covered by the ADA.
• A disability may not be visible e.g., epilepsy,
  heart condition, etc.

5
Documentation

• Can request proof of need for accommodations
  (changes/assistance/aids) to participate in
  course
• Need to be specific to course
• Can have entrance requirements
• Must be functional and focus on skills needed to
  do training.

6
The Americans with Disabilities Act

• Title I Employment
• Title II State and Local Government
• Title III Public Accommodations
• Title IV Telecommunications
• Title V Miscellaneous

7
Title II Requirements-State Local Government

• Who?
• State and Local Government Services and
  Contractors
• Four broad areas of requirements
• General Nondiscrimination
• Program Accessibility
• Equally Effective Communication
• Employment
• New buildings built accessible

8
Title III Requirements- Public Accommodations

• Who?
• Any business that provides goods or services to
  the public
• Exemptions Private clubs, churches
• General Requirements
• General Nondiscrimination
• Equally Effective Communication
• Readily Achievable Barrier Removal
• New Built Accessible

9
Non-discrimination

• No qualified individual with a disability shall
  solely by the reason of disability be
• excluded from participation,
• denied benefits, services, or access to programs
  or activities,
• or be subjected to discrimination by any public
  entity or private business

10
Modification of Policies, Procedures and
Practices

• Title II and Title III entities must modify
  policies, procedures and practices in order to
  allow access for people with disabilities unless
  causes and undue burden

11
What simple changes could make a difference?

• Allow an unpaid helper to join person in class at
  no cost
• Change entrance requirement in class from able
  to stand in 4 feet of water to maintain safety
  in 4 feet of water throughout class
• Train staff to offer to help with applications,
  forms, online forms are accessible
• Doing art projects with partners in class instead
  of individually
• Allowing person extra time in and out of swimming
  pool before exercise/swimming class

12
Policies - Example

• A park has a no animals policy. An individual
  who is accompanied by a service animal is denied
  access to a nature walk because they have a
  pet. Is this ok?

13
Answer
The no animals policy must be modified to
permit access to a person accompanied by a
service animal.
14
Procedures-Example

• The snack bar has counter service only. An
  individual of short stature cannot reach the
  snack bar to get service. What change in
  procedures may be appropriate?

15
Answer

• Answer Staff may leave the counter area and
  serve the individual at his or her table.
• A bell or buzzer may be installed at a lower
  height to enable an individual to
• request service.

16
Program Access Title II Requirement

• State and local government must
• provide full program access to people with
  disabilities.
• This means that persons with disabilities may not
  be excluded from a program or service because it
  is not presently accessible.
• May require changes in policies and procedures,
  location, communication or physical accessibility
  improvements

17
Integrated Programs

• Services and programs must be delivered in the
  most integrated setting appropriate to the
  persons level of need even if separate programs
  exist.
• Integration of persons with disabilities is one
  of the goals or values of the ADA.

18
Childrens Programs Toileting, Medication and
More

• No general exclusion for children based on
  disability
• Reasonably modify policies and procedures to
  allow access
• Cannot charge for assistance, policy changes
  required by ADA
• Cannot refuse to provide limited 1x1 assistance
• Universal precautions addresses children with
  HIV/AIDS

19
Childrens ProgramsToileting, Medication and
More

• Toileting assistance may be required if provided
  to younger children even if no toileting policy
  exists
• Medication assistance and glucose testing
  generally must be provided
• Follow behavioral support plans to assist
  children with managing negative behavior
• Direct threat

20
Integrated Programs

• Example A city parks and recreation department
  offers particular programs for people with
  disabilities like adaptive summer camp, in
  addition to an extensive selection of other
  camps.
• Tim, an child with mental retardation, wants to
  participate in the regular Nature camp. Can you
  require him to participate in the adaptive camp
  instead?

21
Answer

• Tim cannot be excluded from the regular nature
  camp because of the availability of an adaptive
  camp.
• How can camp application let parents know skills
  needed for camp?
• What accommodations at camp might be help Tim
  participate in camp?

22
Resources for Inclusive Programming

• National Center on Physical Activity and
  Disability
• www.ncpad.org
• National Center on Accessibility
• www.ncaonline.org
• Principles for Adapting Activities
• www.indiana.edu/nca/monographs/7adapting.shtml

23
Fundamental Alterations and Undue Burdens

• Fundamental Alterations and Undue Burden not
  required.
• If accommodation causes one of these, must still
  seek alternative means of access up to
  fundamental alteration and/or undue burden

24
Question

• Can we exclude from participation in our Senior
  Center program persons whose Dementia or
  Alzheimers condition prevents them from being
  able to function independently?
• Can they be excluded when they begin to show
  significant mental deterioration?

25
It Depends

• Lesser burden of proof for eligibility criteria
  than proving direct threat to self or others.
• What specific behavior are you seeing?
• What are the safety implications?
• Individualized assessment taking into account
  possible reasonable accommodations

26
From DOJ Parks Q and A

• The ADA does not generally require programs to
  hire additional staff or provide constant one on
  one supervision of a particular individual with a
  disability.

27
Effective Communication

• People with disabilities that affect
  communication are entitled to auxiliary aids and
  services and alternative formats.

28
Question

• What kind of information do you provide?
• How could you make it accessible?

29
Information List

• Visual
• Applications
• Brochures
• Booklets
• Guides
• Press Releases
• Web pages
• Training materials
• Photos
• Other?

• Auditory
• Meetings
• Trainings
• Interviews
• Videos
• Phone info line
• Hotline
• Emergency alarms
• Other?

30
Accommodations Alternate formats for information

• Visual
• Large Print
• Braille
• Audio Tape
• Readers
• Verbal Descriptions
• Computer Diskette
• Pictoral Signage
• Other?

• Auditory
• Sign language or oral interpreter
• Assistive Listening Device (ALD)
• Paper and Pen
• TTY phone access
• Captioning (CART)
• Caption Decoder tv
• Other?

31
When do you call in the interpreter?

• Exchanging written notes can work in many simple
  communications
• Information desk exchanges
• Class registration
• At other times, interpreter may be needed to
  ensure understanding
• Public meetings and presentations
• More complicated discussions

32
NO Surcharges

• People with disabilities cannot be charged for
  accessible formats, auxiliary aids
• No extra fee for large print, braille, tape if
  necessary for access

33
Question

• What constitutes a reasonable notice regarding
  special accommodations?

34
Notice

• Written
• Auxiliary aids vs. Alternate Formats
• Other issues

35
Question

• Is it appropriate to respond to a request for
  reasonable accommodation based on budget?

36
Yes, to some extent

• But the reasonable accommodation chosen must be
  effective.
• Title II entities defer to the preference of the
  individual with a disability in terms of
  reasonable accommodation requests.

37
Question

• Suppose an interpreter is requested and then the
  deaf individual does not show up. Do we deny the
  individual an accommodation in the future based
  on this?

38
A Difficult Issue!

• Pattern of no-show
• Clarify cancellation policy
• Who to contact?
• When need to contact by what date
• Cost to the City
• Compare with schools 3 times and contact
• Para-transit no-show policy discontinue service
  for limited time

39
Question

• Is the city required to have on hand anything
  related to technology for citizens or employees
  related to the ADA?

40
Access to and Accessible Technology and IT

• TTY required for emergency services only
• ALD for conference rooms
• Interactive computer stations?
• Accessible web site
• Other communications?

41
Physical Access Facilities
42
All New Construction (post 1992)

• Built Accessible and Useable for people with
  disabilities
• Using Accessibility
• Standards
• Title II UFAS or ADAAG
• Title III ADAAG

43
Physical Barrier Removal at Existing Facilities
for Government Entities

• Governments (Title II) may need to remove
  physical barriers if necessary to ensure equal
  access to programs
• Priorities The 3 Ps

44
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Physical Access to Existing Facilities

• Businesses (Title III) need to conduct Readily
  Achievable Barrier Removal
• Readily achievable barrier removal
• Cheap and Easy

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47
What is Cheap and Easy?

• Door and fixture hardware
• Covering Pipes
• Widening Doorway
• One or two step ramps
• Adding Signage
• Parking stripes
• Adding handrails

• Removing throw rugs
• Lowering self help materials
• Lowered shelf/pull down shelf
• Moving furniture for access
• Adding a buzzer or bell

48
Renovations and Remodels

• 20 of budget goes to access improvements
• From parking, to entrance, to main service area,
  to amenities

49
Question

• What about when mechanical failure, weather or
  other reasons arise that cause a normally
  accessible area to become inaccessible?
• For example, if automatic doors fail to work
  properly at an entrance or restrooms.
• Should we post signage?
• What should it say?

50
Maintenance of Accessible Features

• Exterior doors (force to open) not covered by the
  ADA but program access is an issue
• Back up systems
• Time frame

51
Question

• What if any new guidelines apply to new
  playgrounds, campgrounds, hiking trails, fishing
  piers, boat docks, swimming pools, more?

52
Boundless Playgrounds

• Guidelines for new playgrounds
• Firm, stable and slip-resistant surface for
  accessible route to features
• Resources
• www.boundlessplaygrounds.org
• Other jurisdictions

53
US Access Board

• Accessible Recreation
• Guidelines for recreational facilities including
  boat docks, fishing piers, hiking trails,
  campgrounds, swimming pools, golf courses,
  miniature golf courses, sporting facilities
• Resource
• www.access-board.gov/recreation/guides/index.htm

54
ADA Information Center for the Mid-Atlantic Region

• 1 of 10 Regional Centers Providing
• Information
• Technical Assistance
• Materials
• Newsletter
• Training
• Toll-free phone number 800-949-4232 V/TTY
• Website www.adainfo.org