ACA-AR 2 - Americans with Disabilities Act

Code: ACA-AR-2
Adopted: 10/11/95
Re-adopted: 8/13/97

In compliance with the Americans with Disabilities Act, the following procedures shall be followed:

Compliance Officer

  1. The director of personnel services shall be designated as the district’s ADA compliance officer. The compliance officer will:
    1. Coordinate the district’s ADA responsibilities and compliance efforts;
    2. Make available to all interested individuals the name, office address and telephone number of the district ADA compliance officer;
    3. Investigate any complaint alleging noncompliance or actions prohibited under the ADA;
    4. Administer the district’s ADA grievance procedure to provide for the prompt investigation and equitable resolution of complaints.

Self Evaluation

  1. A self-evaluation[1] study has been completed to include:
    1. An evaluation of all current Board policies and practices to ensure district compliance with the requirements of the ADA;
    2. A description of areas examined and identification of any barriers to accessibility and usability by qualified individuals with disabilities;
    3. An opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities to participate in the self-evaluation study by submitting comments;
    4. A plan(s) for the removal of any identified barrier and/or modification of Board policies and practices necessary to ensure ADA compliance;
    5. A description of any modification made.

Self-evaluation records will be maintained and available for public inspection for at least three years. The records will include a list of interested persons consulted, a description of the areas examined and the problems identified and a description of any modifications made.

Transition Plan

  1. A transition plan[1] has been developed to address any structural changes required to achieve employment practices, services, programs and activities accessibility to include:
    1. An opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities to participate in the development of the transition plan by submitting comments;
    2. An identification of physical obstacles in facilities that limit accessibility to individuals with disabilities;
    3. A description in detail of the methods that will be used in removing barriers and making facilities accessible and/or steps and schedule necessary to complete the identified changes;
    4. An identification of the official responsible for implementation of the plan;
    5. An identification of steps that will be taken during each year of the transition period if longer than one year. Structural changes required will be made as expeditiously as possible, but, in any event no later than January 26, 1995.

Services, Programs, Activities Accessibility

  1. All district services, programs and activities shall be readily accessible to and usable by individuals with disabilities. In order to achieve accessibility, structural and non-structural methods such as the acquisition or redesign of equipment, assignment of aides to beneficiaries and the provision of services at alternate accessible sites will be considered. Final decision of an appropriate method of providing program accessibility will be determined by the district in accordance with the provisions of the ADA:
    1. Physical changes to an existing building, acquisition or construction of additional facilities will be required only when there is no other feasible way to make the services, programs or activities accessible;
    2. Priority will be given to the method that results in the most integrated setting to encourage interaction among all users of the services, programs or activities, including individuals with disabilities;
    3. No action will be taken that would fundamentally alter the services, programs or activities or result in undue financial or administrative burden to the district. Any such determination will take place as follows:
      1. The decision will be made by the superintendent or his/her designee;
      2. All resources available for use in the funding and operation of the services, programs or activities will be considered;
      3. A written statement of the reasons for reaching such decision will be maintained on file;
      4. The district will take other action appropriate to ensure that individuals with disabilities receive the benefits of such services, programs and activities that would not result in such alteration or burden as determined by the district.

Public Notice, Communications

  1. Notice of the district’s compliance with Section 504 of the Federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 shall be displayed at each district facility and provided, as necessary, in appropriate accessible formats to applicants, participants, beneficiaries, professional organizations and other interested persons to include:
    1. Pertinent provisions, duties and requirements of the ADA and its applicability to the district’s employment practices, services, programs and activities, including the duty to reasonably accommodate upon request and with advance notice. In its effort to provide communications with individuals with disabilities that are as effective as communications with others, the district will also provide the following:
      1. Individual to contact for services or questions, including office location and phone number;
      2. Notice of Equal Employment Opportunity Commission (EEOC) requirements displayed in conspicuous places for all job applicants and employees;
      3. Signage displayed at all inaccessible entrances to each of the district’s facilities directing users to accessible entrances or to location at which information can be obtained about accessible facilities;
      4. Signage displayed at all accessible entrances to the district’s facilities. The international symbol for accessibility shall be used;
      5. Appropriate auxiliary aids and services that may include:
        1. Qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, telecommunications devices for deaf persons (TDD’s), videotext displays and/or exchange of written notes for individuals with hearing impairments;
        2. TDD’s, computer terminals and/or communications boards for individuals with speech impairments;
        3. Qualified readers, taped texts, audio recordings, Brailled materials, large print materials and assistance in locating items for individuals with vision impairments;
        4. Telephone accessibility to enable individuals to seek immediate assistance from police, fire, ambulance and other emergency services;
        5. Other equally effective communications devices, services and actions;
      6. Consultation with the individual with a disability to determine the most appropriate auxiliary aid or service. Priority will be given to the auxiliary aid or service that results in the most integrated setting to encourage interaction among all users, including those with disabilities. Primary consideration will be given to the expressed request of the individual with a disability. The district may select an alternative auxiliary aid or service should it determine that another equally effective means of communication is  available or that the means chosen by the individual with a disability would result in a fundamental alteration in the services, programs or activities or in undue financial and administrative burden to the district;
      7. Training to employees as needed on the acceptance and handling of telephone relay services for individuals with disabilities.

[1] If self-evaluation and/or transition plan requirements of Section 504 of the Rehabilitation Act of 1973 have been completed, these requirements apply only to the employment practices, services, programs and activities not included in the previous self-evaluation and/or transition plan.