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HomeMy WebLinkAboutSession 4 ADA Coordinator 8_20_25 (1)CA Joint Powers Insurance Authority Grievance Procedures & Case Law August 20, 2025 1 Your presenters Jan Garrett Deputy Director of ADA Programs Pat Swartz Lead Technical Assistance Specialist 2 Background on ADA Title II Administrative Requirements 3 Notice •All public entities must publish notice about ADA Title II and how it applies to their programs, services, and activities ADA Title II Regulations, Sec. 35.106 •Notice must be provided to: •applicants, participants, beneficiaries, and other interested persons •No specific way to provide this notice – whatever way the head determines it’s necessary to notify notice recipients of ADA discrimination protections 4 Notice – Information & Signage •Public entity also must provide: •notice about existence and location of accessible services, activities, and facilities •must be accessible to people with vision or hearing disabilities •signage at inaccessible entrances directing to an accessible entrance or location with information on accessible facilities •Must use ISA at accessible entrances ADA Title II Regulations, Sec. 35.163 5 Sample Short Notice Americans with Disabilities Act [Name of public entity] does not discriminate on the basis of disability in its programs, services, activities and employment practices. If you need auxiliary aids and services for effective communication (such as a sign language interpreter, an assistive listening device or print material in digital format) or a reasonable modification in programs, services or activities contact the ADA Coordinator as soon as possible, preferably XX days before the activity or event. A grievance procedure is available to resolve complaints. Upon request, this notice is available in alternative formats such as large print or Braille. [ADA Coordinator name and contact information] 6 Legal Requirement for Grievance Procedure •Any public entity that employs more than 50 people must designate an ADA coordinator and establish a grievance procedure ADA Title II Regulations, Sec. 35.107 •Note: Rehabilitation Act Section 504 require 504 Coordinator and grievance procedure for entities with 15 or more employees who receive federal money •Public entities include: •State or local government (includes county, or city government) •Any department, agency, special purpose district or other instrumentality (part) of a State or of local government 7 Responsible Official or ADA Coordinator •A public entity with 50 or more employees must designate at least one responsible employee to coordinate ADA compliance •Must “make available” name, office address and telephone number •Best practice to include email address •Can be “go-to” person with public or staff questions or complaints/grievances •Many public entities have an overall ADA Coordinator and departmental ADA Coordinators 8 ADA Coordinator Responsibilities We discussed these responsibilities in training 1, but as a reminder . . . •Plan and coordinate public entity’s ADA compliance efforts •Develop and distribute ADA notice •Respond to general ADA questions from the public. •Coordinate requests for auxiliary aids and services and reasonable modifications •Train and talk with staff, boards and commissions on ADA requirements •Develop a grievance procedure •Investigate complaints / grievances •Coordinate and/or conduct a self-evaluation and transition plan 9 ADA Coordinator Skills & Knowledge More from training 1 . . . •Familiarity with the state or local government’s structure, activities, programs and employees •Knowledge of the “ADA Experience” for people with a broad range of disabilities •Knowledge of various alternative formats and technologies that help people with disabilities to communicate, participate, and perform tasks •Ability to work cooperatively with the public entity and people with disabilities •Negotiation and mediation skills •Organizational and analytical skills 10 Self Evaluation Plan •A self-evaluation plan (SEP) is a comprehensive review of all programs, activities, and services operated by the public entity •Original Title II self-evaluation plan deadline for all public entities – January 26, 1993 •With ADA amendments in 2010 & 2024, new SEP is strongly recommended •Should include review of policies, procedures, facilities, website accessibility, etc. ADA Title II Regulations, Sec. 35.105 11 Transition Plan •A transition plan is developed from the self-evaluation and facilities survey •Public entities with 50 or more employees were required to develop a transition plan for exiting facilities by July 26, 1992 •Any structural corrections - made by January 26, 1995 •Should be updated to include new Title II facilities covered by 2010 ADA Standards like: •residential •corrections •sports and recreation 12 Transition Plan Components •A list of the physical barriers that limit the accessibility of programs, activities, or services •Methods to remove the barriers and make the facilities accessible •Schedule to complete the work •Name of the official(s) responsible for the plan's implementation •Cost estimates and budget line items are helpful 13 Knowledge Check: Title II Admin Requirements True or False ADA Title II administrative requirements include only: 1.Grievance procedure 2.Self evaluation plan 3.Transition plan 14 Knowledge Check Answer: Title II Admin Requirements False ADA Title II administrative requirements include: 1.ADA Coordinator 2.Notice 3.Grievance procedure 4.Self evaluation plan 5.Transition plan 15 Title II Administrative Requirement Questions 16 Grievance Procedures 17 What Is a Grievance Procedure? •Formal process to make an ADA discrimination complaint known •May be used by: •people who believe they have been discriminated against because of their disability, or •people who believe they have been discriminated against because they have a friend or family member with a disability •Can resolve a complaint without filing a government enforcement agency complaint 18 What A Grievance Procedure Should Include •Description of the process for submitting a grievance •Steps that will be taken by the public entity after receiving grievance •Reasonable, specific time frames for review and resolution of the grievance •Two-step review process that allows for appeal by a higher-level official •Record-keeping for complaints submitted •Documentation of steps taken towards resolution 19 Key Requirements for Grievance Procedure Public entity must: •Adopt •Publish / post in public places and to all agency heads •Best practice to post on website •Make available to all agency heads and as many staff as possible •Allow for alternatives to a written complaint •Make sure complaint is resolved promptly •Make resolution “equitable” to the person complaining •State how long you will keep the grievance 20 Other Grievance Considerations •A public entity may not have jurisdiction to address a grievance •Example: complaint may involve a private business with whom the public entity has no contract to provide goods or services •Multiple staff may need to be involved in addressing and resolving a grievance •Example: complaint about inaccessible curb ramp may come to a public works employee repairing a sidewalk •ADA Coordinator’s supervisor and other senior public officials may need to approve policy change or expenditure of money to resolve the grievance 21 Methods for Tracking Grievances •Public entities can track grievances in a variety of ways •Note all contacts by the person filing and notes from staff •Tracking internal (employee) grievances should have a separate process from members of the public •Some methods for tracking grievances include: •Online database that can be viewed by multiple public entity staff •Spreadsheet in a file shared by multiple public entity staff 22 Sample Grievance Procedures New England ADA Center ADA Title II Compliance Guide provides a long and short sample grievance procedure. 23 Grievance Procedure Requirement Questions 24 Grievance Procedure Scenarios 25 Scenario: Blocked Sidewalk •Marcus uses a wheelchair. He encounters a large patch of broken sidewalk that forces him to cross the street to continue on his path. Two blocks down, he sees a city street crew installing a curb ramp. He reports the sidewalk barrier to the crew. •Is this a grievance? •What should the crew know? •What should the crew do with the information? 26 Scenario Answer: Blocked Sidewalk •Yes, Marcus’ complaint could be considered a grievance •The construction supervisor should have known it was, and given Marcus the information about who to contact or noted Marcus' information •The ADA Coordinator should follow-up within the grievance timeline 27 Scenario: Interpreters for a Lecture Series •Chang is Deaf. He uses American Sign Language to communicate. The county library is offering a 12 session lecture series on the culture of first-generation Chinese Americans. Each lecture is 2 hours in length. Chang had requested 2 interpreters through the county effective communication procedure for every lecture. When he arrives at the first lecture, there are no interpreters. Chang files a grievance. •What will the ADA Coordinator need to do to address Chan’s grievance? •Will the grievance need to go beyond the ADA Coordinator? •If so, why? 28 Scenario Answer: Interpreters for a Lecture •To respond to Chang’s grievance, the ADA Coordinator will need to determine why the interpreters were apparently not contracted for the lecture series. •If the library is saying the interpreters pose an undue financial burden, the ADA Coordinator may need to escalate this grievance to her supervisor or someone with budgetary authority. •Is it likely an undue burden defense will succeed? What will the library need to show? 29 Scenario: Using Website for Nature Tours •Laura is blind. She attempted to sign up for guided nature tours on her city’s park and recreation website. The web page that describes the different tour options is an inaccessible pdf that Laura’s screen reader could not read. When Laura called the number on the city parks & rec website, the staff who answered told her she needs to find someone else to describe the tours because they are too busy. Laura then files a grievance using the city’s accessible procedure. •Is this a violation of ADA Title II? •As the ADA Coordinator, what steps do you need to take to address Laura’s grievance? •Are there other ways to make sure this doesn’t happen to others? 30 Scenario Answer: Using Website for Nature Tours •Yes, failing to provide website accessibility for city program information is a violation of ADA Title II’s effective communication requirements and will be a failure to comply with the Title II web accessibility regulations in 2026 or 2027. •The ADA Coordinator needs to work with park & rec staff to make the nature tour description and registration process accessible. •Training of park & rec staff on providing effective communication is also needed. 31 Scenario: Reasonable Modification in Health Care •Wendy is 22 years old and is a person with an intellectual/developmental disability. She is independent but still needs some help understanding and remembering things during health appointments, so her mom Jenny accompanies her in the exam room. Wendy has a new doctor at the county health clinic who refuses to allow Jenny to accompany Wendy in the room. Wendy and Jenny work together to file a grievance about the doctor’s refusal. •Does the doctor’s refusal to allow Jenny in the room violate Title II? •If so, what is the specific violation? •Could the doctor raise a defense to the claim of the violation? •How should the ADA Coordinator resolve the grievance? 32 Scenario Answer: Reasonable Modification in Health Care •Yes, the doctor’s refusal to allow Wendy’s mom in the room likely is a failure to modify a clinic policy, practice or procedure. •Wendy’s doctor could say it is a fundamental alteration to allow Jenny in the room, but that would be difficult to show if Wendy consents. Patients often need people to accompany them. •The ADA Coordinator should explain ADA reasonable modification to the doctor and set up ADA training for all clinic staff. 33 Grievance Procedure Scenario Questions 34 Case Law & Settlements 35 Community Integration •Unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. •Public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity. Olmstead v. L.C., 527 U.S. 581 (1999) 36 Sovereign Immunity •The Americans with Disabilities Act of 1990 protects inmates with disabilities in state prisons from discrimination by authorities, and it overrides state sovereign immunity for prisoners who bring suits alleging violations of Title II of this law. •Congress properly exercised its authority under Section 5 of the Fourteenth Amendment in enacting the ADA. United States v. Georgia, 546 U.S. 151 (2006) 37 Sidewalks Are A Program •Public sidewalks in the City of Sacramento are a service, program, or activity of the City within the meaning of Title II of the Americans with Disabilities Act (“ADA”) and are subject to program accessibility regulations. Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), cert denied 539 U.S. 958 (2003) 38 Public Right of Way & Curb Ramp Accessibility •Landmark class action settlement that requires the City of Los Angeles to spend more than $1.4 billion to make its sidewalks, curb ramps, crosswalks and other walkways accessible to individuals with mobility disabilities. •Largest disability access class action settlement in U.S. history. Willits v. City of Los Angeles, Case No. CV 10-05782 CBM (C.D. Cal. 2016) 39 Project Civic Access: City of Carpinteria •Failure to have an ADA Coordinator, grievance procedure, notice, disaster mitigation plan, and make facility accessibility modifications •Carpinteria Sample Grievance Procedure 40 Project Civic Access: City of San Rafael •Failure to have an ADA Coordinator, grievance procedure, notice, effective communication policies for law enforcement, and make facility accessibility modifications •San Rafael Sample Grievance Procedure 41 Other Grievance Procedure Examples •City of Chino •City of Los Angeles •City of San Francisco 42 Case Law & Settlement / Other Questions 43 Participants’ Grievance Procedures 44 Questions for Training Participants •What does your ADA Title II grievance procedure look like? •Do you need to revise it after the training today? •How easily can people find your grievance procedure? •How easily can people find your ADA Coordinator? 45 Resources •ADA National Network •ADA Title II Action Guide for State & Local Governments •https://www.adaactionguide.org/ •U.S. Department of Justice •ADA Title II Regulations •https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/ •ADA Best Practices Toolkit for State & Local Governments •https://archive.ada.gov/pcatoolkit/toolkitmain.htm •ADA Guide for Small Towns •https://archive.ada.gov/smtown.htm 46 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 47 Thank you! Please complete your evaluations Evaluation Link: https://www.surveymonkey.com /r/PacificADA24-25 48