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HomeMy WebLinkAboutSession 1 ADA Coordinator 6_2_25California Joint Powers Insurance Authority Disability Awareness ADA Coordinator Basics June 2, 2025 1 Presenters Jan Garrett, JD •Deputy Director of ADA Programs Pat Swartz, ADAC •Lead Technical Assistance Specialist 2 About Pacific ADA Center Mission: To provide resources, training, and support to improve awareness and understanding of the rights and responsibilities under the Americans with Disabilities Act A member of the ADA National Network 3 What Pacific ADA Center does We provide: •Confidential information and resources on the ADA by phone and email •Training •Conferences •Resources and referrals •Website 4 We do not: •Provide advocacy services •Provide legal advice •Enforce any laws •Report contacts to any enforcement agency Credit for Presentation Content Some of the content for this presentation was provided by the California Network of ADA Coordinators in their New ADA Coordinator training. 5 Disability Awareness, Language & Etiquette 6 How many adults with disabilities live in the U.S.? 7 Disability by the numbers •According to the U.S. Centers for Disease Control (CDC), 27% or 1 in 4 adults in the U.S. have some type of disability. •Among people with significant disabilities, the percentage of disabilities that are non-apparent or “invisible” has been estimated as high as 96%. 8 Apparent vs. Non-Apparent 9 Apparent Disabilities Non-Apparent Disabilities Apparent disabilities can cause fear or pity Non-apparent disabilities are not “invisible” to or “hidden” by those who experience them People with apparent disabilities often face accessibility and/or communication barriers People with non-apparent disabilities face attitudinal barriers when others think they’re faking Intersectionality of disability with … In 2017, the CDC found: •American Indian/Alaska Natives – 3 in 10 identified as having a disability •Black Americans- 1 in 4 identified as having a disability •White Americans- 1 in 5 identified as having a disability •Native Hawaiian/Pacific islander Americans & Latino/Hispanic Americans – 1 in 6 identified as having a disability •Asian Americans- 1 in 10 identified as having a disability In 2020, the Human Rights Campaign found: •LGBTQ+ Americans - 36% identified as having a disability •Transgender Americans - 52% identified as having a disability 10 Disability - Why does it matter? •Based on the numbers we just learned . . . •Chances are good that you or someone you know has a disability. •It is also likely that you will have a disability at some point in your life, even if you do not have one now. •People with disabilities deserve an equal opportunity to participate in everything our society has to offer. •Having a disability means you may have legal protection from discrimination. 11 Disability Tips Some general guidelines for interacting with people with disabilities 12 Disability looks different for everyone •Don’t generalize all people who may appear to have the same disabilities or diagnoses. •“If you’ve met one person with ______, you’ve met one person with ______.” •That’s why the ADA is a person-by-person, situation-by-situation law. 13 Person -first vs Identity-first •Terms that refer to disability can vary •Some people prefer “person first” – person who is blind •Others prefer “identity first” – Deaf person •As noted, people with non-apparent disabilities are not “hiding” their disability, and their disability should not be considered “invisible” •Best not to use labels – refer to someone by their name 14 Language Use Terms to Avoid •Handicapped •Crippled •Invalid •Retarded •Crazy •Wheelchair-bound/Confined to a wheelchair •Hearing impaired •Autistic •Victim of __ / Suffers from __ Terms to Use •Accessible (as used to describe parking or other building features) •Disabled •Intellectual disability •Developmental disability •Mental health disability •Wheelchair user •D/deaf / hard of hearing •Neurodiverse 15 Offering Assistance •Never assume:•Someone with a disability needs help to do something, or•That you know how to help them. •Ask someone who may need assistance: May I help/assist you? If they answer yes . . . •Then say: How may I help/assist you? •If the person needs assistance, they will be happy to tell you how to provide it. •If the person does not want your assistance, don’t be offended. 16 Some General Tips •Don’t speak extra loudly to anyone with a disability unless asked •Always speak directly to the person who speaks to you – don’t speak to their companion or sign language interpreter •Don’t treat adults with disabilities like children •It’s fine to use common terms like “did you see that movie” with a blind person or “would you like to go for a walk” with a wheelchair user •Don’t touch a person or their device(s) without permission •Treat everyone with dignity and respect – as you would wish to be treated 17 Hearing Disabilities •Do not cover your mouth or chew gum. Look directly at the person. •Try to move where the person can see you; don’t sneak up on them. •Turn your camera on when in an online meeting or webinar. •Does the person know sign language? If so, what type of interpreter(s) do they need (e.g., ASL, Certified Deaf Interpreter)? •Does the person need captioning because they do not know ASL? •Does the person need an assistive listening device? 18 Vision Disabilities •Look at the person when speaking – they can tell if you’re facing away. •Say who you are when you approach, even if they know you. •Tell the person if you walk away from them. •Do they need a reader or alternative format materials? If so, ask what they need. •Eliminate protruding objects – items that stick out from the wall more than 4 inches above 27 inches - they cannot detect these with their cane and might run into them. •Offer to orient a person to a new area if they wish. Ask how they prefer to follow you – touch your elbow or shoulder and which side. 19 Mobility Disabilities •Do not touch a person’s wheelchair or other assistive technology (cane, walker, rollator, prosthetic) unless asked to do so. •Keep inside and outside accessible routes clear - 48 inches wide outside, 36 inches wide inside, 32 inches wide at doors. •Maintain accessible features (e.g., accessible toilet stall or parking access aisle) clear of obstacles. •Keep an open area without a chair at a table or waiting room. •Find a seat to put yourself at eye level with a person with a mobility disability. 20 Speech Disabilities •Ask a person with a speech disability to repeat what they have said until you understand. •If they use a communication board, watch as they point to words or letters. •If they use an augmentative and alternative communication (AAC) device, allow them to finish typing. •Use patience. Allow the person to finish their thought without interruption. 21 Sensory Processing Disabilities •Provide a quiet area with somewhat lower lighting for crowded situations like conferences, large meetings, festivals, etc. •Have some items that may provide comfort on hand, like a stress ball, fidget, or a weighted pad or blanket. •Provide an environment that makes it easier to focus, away from high traffic or loud equipment. 22 Neurodiversity/Autism •Understand they may be hyper-focused on a topic, like sports. Gently redirect the conversation back to the purpose. •Do not force eye contact or stop them from flapping or stimming. •Try to avoid overstimulating, loud situations. •Allow them to wear headphones/earplugs, if appropriate for the situation. •Speak in concrete terms and avoid metaphors, hyperbole, and cliches. •Provide a quiet area with somewhat lower lighting for crowded situations like conferences, large meetings, festivals, etc. 23 Health-Related Disabilities •If the person has a compromised immune system, offer options like remote work or participation or wear masks around them. •If sensitive to chemicals, avoid scented products that staff wear and/or used to clean the office. •Provide flexible schedules and/or leave for appointments. •Allow time to rest if needed or a place to sit. 24 Mental Health Disabilities •Send information that may be stressful in advance prior to meeting with them to avoid fight or flight reactions. •Offer to take a break and allow time to regroup and process if needed. •Acknowledge feelings, even if they seem irrational to you. •Provide flexible schedules and/or leave for appointments. Treat leave for mental health the same as you would for physical illness. 25 Remember . . . •These tips are not meant to be a one-size -fits-all approach. •Every person is unique and is the best expert on their own needs. •By making it clear that you are willing and ready to accommodate or modify your processes, you are providing an inclusive space and more likely to comply with the ADA’s requirements. 26 Disability Awareness Scenario 27 Multiple Disabilities Scenario •Alana, who is Deaf Plus (Deaf with an intellectual disability), used the Relay Service to make an appointment with your city’s recreation department to sign up for summer camp. During the call, she asked if the camp provided interpreters. •Alana arrived for her appointment and there are no sign language interpreters. •Recreation staff calls you, the ADA Coordinator, because they cannot communicate with Alana and she is becoming frustrated. •What should the recreation staff have done before Alana arrived? 28 Multiple Disabilities Scenario Answer •When Alana made the meeting appointment, the office staff should have realized, or asked about, her communication needs for the meeting. •Will the answer always be to provide an American Sign Language interpreter? •Are there other ways you could improve Alana’s contact with the office? 29 Disability Awareness Questions 30 Introduction to the ADA Coordinator 31 What is the ADA Coordinator? “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, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part.” ADA Title II Regulations, 28 CFR §35.107(a) 32 What laws does the ADA Coordinator touch? ADA Coordinator Rehabilitation Act Section 504 ADA Titles I-V Fair Housing Act State Laws 33 What topics can the ADA Coordinator cover? ADA Coordinator Staff Training Meetings & Events Effective Communication Emergency Management Facility Accessibility Reasonable ModificationSelf Evaluation Grievance Process And many more . . . 34 ADA Coordinator Responsibilities & Tasks 35 Tasks You May Not Consider At First •Serving in the Emergency Operations Center to ensure accessibility during disasters •Housing programs like shelters and housing constructed by your entity •Transportation vehicle and transit stop accessibility •Law enforcement training and policies •Jail accessibility •Polling place accessibility •Parks and recreation programs •Maintenance of your buildings and facilities to assure continued accessibility 36 General Nondiscrimination-Integration •People with disabilities must have an equal opportunity to participate in and benefit from all the programs, services, and activities a public entity provides in the most integrated setting possible. •Public entities may offer separate programs, services, and activities for people with disabilities if they provide an equivalent experience. •To avoid discrimination public entities must modify its policies, practices, and procedures when needed. 37 Effective Communication •In all programs, services, and activities of a public entity, communication with individuals who have vision, hearing, and/or speech disabilities must be as equally effective as communication with individuals without disabilities. •Auxiliary aids and services such as accessible written materials, sign language interpreters, and real-time captioning can be used to provide effective communication. 38 Effective Communication II •Effective communication requests do not need to be in writing or use specific language. •Public entities must give “primary consideration” or preference to the auxiliary aid or service requested by the person with the disability. •Public entities must not charge a fee for a communication aid or service. 39 Website & Mobile App Accessibility •Websites and mobile apps must be reviewed and brought into compliance with the Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA by: •April 24, 2026 - public entities with a population of 50,000 or more •April 26, 2027 - public entities with a population of 0-49,999 •April 26, 2027 – special district governments •U.S. Department of Justice technical assistance on these requirements 40 Disability Advisory Committee •Clarify the Committee’s mission/purpose and scope of authority •Manage expectations •Be transparent about the limits of your authority/influence •Provide frequent updates about the entity’s activities and topics of interest •Explain how the entity operates and important processes •Tell committee members where their efforts will have the greatest impact •Connect committee members with other local disability advocates and organizations, if needed •Remind committee members to keep in touch with the individual who appointed them 41 Notice •All public entities must publish a notice to the public that includes information about Title II of the ADA and how it applies to its programs, services, and activities. •Notice should list the ADA Coordinator’s name and contact information. •Public entities can choose how to provide this notice, including public postings or through their website. 42 Grievance Procedure •Public entities must adopt and publish a complaint or grievance procedure that members of the public can use. •ADA Coordinator or their designee must investigate and quickly resolve all complaints received about the public entity’s failure to comply with its Title II responsibilities. •No specific timeline required, but each entity should set a timeline for every step of the investigation. •Most important task is regular communication with the person. 43 Program Accessibility •For buildings and facilities (like parks) that existed before the ADA compliance date, public entities must provide program accessibility. •Means that programs, services, and activities provided by a public entity, when viewed as a whole, must be accessible to and usable by people with disabilities. •For example, if a public entity has an older building that is not accessible, it can provide an activity at one of its accessible buildings. 44 Self Evaluation •A self evaluation is a review of a public entity’s services, policies, and practices to determine if they violate Title II. •Public entity must modify those that do. •Process must allow all interested people and organizations to provide comments. •When complete, public entities with 50 or more employees must keep a list of commenters and modifications made for at least three years. •Should be a living document – compliance with Title II is ongoing. 45 Transition Plan •Required by public entities with 50 or more employees by 1992 with architectural barriers removed by 1995 •Lists structural changes to existing buildings, facilities, or public right of way needed to meet the program accessibility requirement •Must include timeline for completing the activities and official responsible for them •Process must allow all interested people and organizations to provide comments •ADA does not require updates but best to make living document 46 Knowledge Check: ADA Coordinator Tasks & Responsibilities 47 ADA Coordinator Requirement Title II public entities that have __ or more employees must have an ADA Coordinator to coordinate its compliance with Title II: A)15 B)50 C)120 D)600 48 ADA Coordinator Answer Title II public entities that have __ or more employees must have an ADA Coordinator to coordinate its compliance with Title II: A)15 B)50 C)120 D)600 49 So how do I move forward? 50 Understand and Address Common Challenges ADA Coordinator •Lack of time •Lack of training •Limited support •Limited financial & staffing resources •Supervisor does not understand your role •Strained relationships with staff Organization/Jurisdiction •Limited awareness of ADA •Lack of interest •Lack of leadership •Accessibility is not a priority •“No budget” for facility accessibility, effective communication, etc. 51 Accessibility Is Everyone’s Responsibility The designation of an employee responsible for coordinating efforts to comply with ADA Title II “in no way limits a public entity’s obligation to ensure that all of its employees comply with the requirements of this part, but it ensures that any failure by individual employees can be promptly corrected by the designated employee.” ADA Title II Section-by-Section Analysis 52 Role of the ADA Coordinator •Serve as internal expert on accessibility and disability related topics •Provide technical assistance and training •Consult on accessibility requirements and considerations for specific projects •Recommend solutions to complex accessibility challenges •Identify areas of non-compliance and collaborate with colleagues to fix them •Ensure the posting of the required ADA notice •Investigate and resolve grievances •Maintain awareness of and share information about new and emerging accessibility issues and trends •Provide staff support to disability advisory committee •Amplify the voice of the disability community within the entity 53 Clarify Your Scope of Work •Who are your supervisor(s)? •Subject matter responsibilities •Role •Regular & special assignments •Priorities •Decision making authority •Communication with other departments/divisions – how much can they help? •Assistance with legal interpretations •Team or work group membership 54 Ask for What You Need •Support from your supervisor •Funding and approval for training, conferences, and networking •Equipment and supplies •Administrative support •Information Technology (IT) support •Accessible office space •What is your budget and what expenses must come out of it? •Anything else… 55 Study ADA Requirements ADA Title II •Foundations of the ADA Course •ADA Title II Tutorial •Self Evaluation & Transition Plans Course •ADA Title II Action Guide •Title II Technical Assistance Manual •Title II Regulations •Title II Best Practices Toolkit Other Areas •Title III Regulations •Title III Technical Assistance Manual •Title III Resources for Businesses •Other Federal Laws (e.g., Fair Housing Act) •State Laws •Applicable Local Ordinances 56 Ensure Your Personal Development •Connect with other ADA Coordinators •Join an ADA Coordinator Network •Become a Certified ADA Coordinator •Attend ADA webinars •Find conferences like the National ADA Symposium •Attend state and local conferences 57 Follow ADA Trends •Read articles and books by people with disabilities •Listen to podcasts on disability and accessibility issues •Follow social media accounts of disability rights advocates •Subscribe to newsletters •U.S. Department of Justice •U.S. Access Board •Accessibility In the News accessibilityinthenews@lists.microassist.com •ADA National Network & Regional ADA Center newsletters 58 Train Others •Provide training on ADA requirements as often as you can to: •Staff •Supervisors •Volunteers •Try to make the training interactive, effective, and enjoyable. •The more people who are trained in ADA requirements, the more help you will have with your job. 59 Get to Know Your Disability Community •Disability Advisory Committee •If you don’t have one, establish one •Independent Living Center that serves the area •Other disability rights organizations •Ask about barriers the community has experienced with your jurisdiction/organization •What ideas does the community have to improve services? 60 When Things Get Done . . . •ADA compliance gets done when it is measured and top of mind •Consider an Annual Report on accessibility accomplishments •Integrate accessibility into your jurisdiction’s planning documents •Encourage your leadership to ask about accessibility 61 Don’t Reinvent the Wheel •Ask for resources and information from other jurisdictions •Use models provided by USDOJ or the ADA National Network •Be thoughtful about creating new policies •Integrate accessibility into existing policies, procedures, and projects 62 Set Priorities for What YOU Can Do •Address knowledge gaps with information, resources, and training •Look for free training where possible •Avoid doing the work of others •When taking on new duties, discuss prioritization of work with your supervisor •Take a deep breath and let it go 63 Celebrate Your Successes! •Your work is hard, so celebrate your wins, no matter how small •Tell your supervisor about your extra effort and get credit for it •Tell other supervisors about extra efforts of their staff •Share positive community feedback •Share progress with the disability advisory committee •Be proud of yourself 64 ADA Coordinator Scenario 65 New ADA Coordinator Scenario •Sergio is the ADA Coordinator for the City of Rock Ledge. •He joined the city staff one year ago but recently was named the ADA Coordinator when the former person retired. •Sergio is not clear about where to start. •What would you recommend to Sergio? •What questions should he ask? •What training should he seek? 66 ADA Coordinator Scenario Answer •Sergio could: •Ask his supervisor what his budget is and how he should prioritize his tasks •Seek all the training he can about ADA Title II requirements from the ADA Centers •Join an ADA Coordinator Network to confer with colleagues •Form or meet with the disability advisory committee •Ask about the status of the notice, grievance procedure, self evaluation, and transition plan •Determine what other staff can collaborate with him •What else?? 67 ADA Coordinator Questions 68 More Information 69 Helpful resources •ADA National Network •ADA Update: A Primer for State & Local Governments •The ADA and City Governments: Common Problems •Project Civic Access Settlements •California Commission on Disability Access •National Directory of Centers for Independent Living (CILs) 70 Stay in touch with us! •Toll -Free: 1-800-949-4232 (Voice/Relay) •Email: info@adapacific.org •Check out our website: •www.adapacific.org •Join our email list: •https://www.adapacific.org/subscribe/ Follow us on social media: X/Twitter: •@PacificADACtr Facebook & LinkedIn: •Pacific ADA Center YouTube: •@PacificADACenter 71 Overall Questions 72 Thank you! Please complete your evaluations Evaluation Link: https://www.surveymonkey.com/r/PacificADA24-25 73