Transcript Document

Overview of Title II of the
Americans with Disabilities Act and
Maryland Courts
Karen Goss
Assistant Director
Mid-Atlantic ADA Center
March 11, 2014
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Disclaimer
Information, materials, and/or technical assistance are intended solely as
informal guidance, and are neither a determination of your legal rights or
responsibilities under the ADA, nor binding on any agency with enforcement
responsibility under the ADA.
The Mid-Atlantic ADA Center is authorized by the National Institute on Disability
and Rehabilitation Research (NIDRR) to provide information, materials, and
technical assistance to individuals and entities that are covered by the ADA.
The contents of this document were developed under a grant from the
Department of Education, NIDRR grant number H133 A110017. However,
those contents do not necessarily represent the policy of the Department of
Education, and you should not assume endorsement by the Federal
Government.
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What is the ADA?
• Americans with Disabilities Act, passed in 1990
• Federal CIVIL RIGHTS legislation that says it is
illegal to discriminate against people with disabilities
in employment, state and local government services,
private businesses, telecommunications and
transportation
• Goal: The full inclusion of people with disabilities in
all aspects of American society
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The Americans with Disabilities Act
Title I:
Employment
Title II: State and Local Governments
Title III: Private Business
Title IV: Telecommunications
Title V: Miscellaneous
ADA Quiz
• How many people with disabilities are
there in the United States?
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Answer
• Almost
57 MILLION
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Disability by the numbers
• 1 in 5 Americans has a disability (Brault, 2008)
• This population is growing due to aging, war-related injuries, and
better identification and treatments
• Public entities have a responsibility to ensure their buildings and
programs are accessible (i.e. physically, programmatically, web,
etc.)
• Private businesses must also ensure access to their offerings
• People with different disabilities have different needs to consider
when designing facilities, implementing programs, and providing
services
Starting Population
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Age 0-14
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Age 15-24
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Age 25-44
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Age 45-54
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Title II
State and Local Government:
Maryland Courts
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Title II Overview
Title II prohibits discrimination
against individuals with
disabilities and requires the
courts to take an active role in
ensuring the accessibility of all
of their programs, services, and
activities.
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Who is Covered by Title II?
Every type of state and local government entity,
including:
•
•
•
•
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all types of state agencies
counties
municipalities and cities
executive, legislative, and judicial
branches of state and local government
General Requirements
• Courts must reasonably modify their
policies, practices, or procedures to
prevent discrimination and to provide
for inclusion for those with
disabilities.
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General Requirements
(cont.)
• The courts may not impose eligibility
criteria for participation in its programs
that screen out persons with disabilities.
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Title II: Program Access
• Programs accessible “when viewed in their
entirety”
• ADA does NOT give special privileges or
entitlements for people with disabilities – it’s about
equality!
• Each program should insure everyone can access
all facets of the program
• Reasonable Modifications to insure programs
accessible
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Examples of Modifications to Achieve
Program Access
• Relocate to alternate, accessible location
• Provide individualized assistance
• Make structural, architectural changes
• Provide auxiliary aids and services
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Physical Access
• The courts are required to review their
facilities to assure that the services they
offer are accessible to individuals with
disabilities.
• People with disabilities should be able to
access all areas of the court as those
without disabilities are permitted.
Title II Generally
• Title II entities must take appropriate
steps to ensure that communications with
individuals with disabilities are “as
effective” as communications with others
• Includes providing appropriate auxiliary
aids and services “where necessary”
Individuals with Disabilities
• Individuals who are deaf or hard of
hearing
• Individuals who are blind or have low
vision
• Individuals who have speech-related
impairments
Auxiliary aids and services for individuals
who are deaf or hard of hearing
– Qualified interpreters
– Notetakers
– Transcription services
– Written materials
– Telephone handset amplifiers
– Assistive listening systems
For individuals who are deaf
or hard of hearing (cont)
– Telephones compatible with hearing aids
– Closed captioned decoders
– Open and closed captioning
– TDDs / TTYs using the Telephone Relay System
– Videotext displays
– VRS/VIS
– Other effective methods
Telephone Relay System (TRS)
• Similar to video relay except a TTY
(teletypewriter) is used to convey
messages via typing instead of
signing
• Older technology, becoming outdated
• Operator relays telephone
conversations for people who are
Deaf, hard of hearing, or have speech
disabilities
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Photograph of
teletypewriter TTY
Video Remote Interpreting
Definition:
An interpreting service that uses video
conference technology over dedicated lines or
wireless technology offering high-speed, widebandwidth video connection that delivers highquality video images…
Video Remote Interpreting
Continued
DOJ standards require:
– Quality of video and audio that is high quality, clear,
real-time, with clear uninterrupted images.
– Dedicated high-speed connection.
– Picture: Clear, sufficiently large, and sharply
delineated, showing face, arms, hands and fingers
– Voices: clear and easily understood transmission.
– Quick set-up and training of users.
Video Relay Service (VRS)
Diagram of Video Relay Service
1. Video Relay user signs to the interpreter
2. Interpreter speaks to the phone user
3. Phone user responds
4. Interpreter signs the response
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Qualified Interpreter
“Qualified interpreter” defined as “An interpreter who,
via video remote interpreting (VRI) service or an onsite appearance, is able to interpret effectively,
accurately, and impartially, both receptively and
expressively, using any necessary specialized
vocabulary. Includes sign language interpreters, oral
transliterators and cued-language transliterators.
Interpreting
• Interpreting is now required to be provided
for an audience member of a trail or
judicial proceeding, even if they have no
association with the proceedings if
interpreting is requested.
Use of Adults Accompanying Individual
With a Disability
• Courts shall not require individual to bring own interpreter.
• Courts shall not require adults accompanying individual to
interpret except:
– In emergency involving imminent threat to safety or
welfare of individual or public and no interpreter available,
or
– Where specific request by person with disability,
accompanying adult agrees, and reliance on that person
is appropriate under circumstances.
Companions
– Courts must communicate effectively with companions
with disabilities, as appropriate.
– Companion defined as “family member, friend, or
associate of an individual seeking access to a service,
program or activity of a public entity, who along with
such individual is an appropriate person with whom the
public entity should communicate.”
Auxiliary aids and services for individuals
who are blind or have low vision
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–
Qualified readers
Taped texts
Audio recordings
Brailled materials
Large print materials
Electronic/text formats
Other effective methods
Qualified Reader
“Qualified reader” defined as “a person who is able to read
effectively, accurately, and impartially, using any necessary
specialized vocabulary.”
Types of Auxiliary Aids or Services:
What Works and When?
• Type of auxiliary aid or service will vary in accordance with:
– Method of communication used by individual;
– Nature, length, and complexity of communication
involved; and
– The context in which communication is taking place.
• Provide auxiliary aids in accessible formats, in timely
manner, and in manner that protects privacy and
independence of individual.
Title II: Primary consideration
• In determining what type of auxiliary aid
and service is necessary, the courts shall
give primary consideration to the
requests of the individual with disabilities.
Fundamental Alteration
An entity is not required to provide an
auxiliary aid or service if it would
fundamentally alter the nature of the
program or service.
Fundamental Alteration: (cont)
A public entity is not required to take action
if it would result in undue financial and
administrative burdens.
– Look at resources of the agency as a whole.
– Still required to provide service to the maximum
extent possible.
Grievance Procedure
• Required by the ADA under Title II and Section 504 of the
Rehab. Act
• Allows someone to file a complaint alleging discrimination
on the basis of disability in the provision of services
• Details available at:
http://www.courts.state.md.us/fairpractices/adacitizensacco
mmodationsprocedure.html
• Consult the Court’s ADA Coordinator for further information:
Linda McCabe
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Title II Enforcement
• Internal Grievance Procedure
• File a complaint with the
Department of Justice
• Private lawsuits
• Alternative Dispute Resolution
including mediation
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Karen Goss
Assistant Director
Mid-Atlantic ADA Center
1 800 949-3242 v/tty
[email protected]
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