Thinking it Through: Interactive Exercises about Public ... · ADA Trainer Network, Module 5d...

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Facilitator’s Guide ADA Trainer Network, Module 5d ©Northeast ADA Center, 2012 Page | 1 Thinking it Through: Interactive Exercises about Public Entities and the ADA About this module Goal: To provide an opportunity for participants to consider how Title II of the ADA applies to the facilities and services of public entities Format: Small or large group activity Time: 20 minutes (small group) or 10 minutes (large group) – PER ACTIVITY Potential audience: general audiences, employees of state and local municipal entities Materials needed: Hard copies of the scenarios for each activity Facilitator’s Tips for this Module Select one or more of these activities from this module to use along with one or more presentation format modules related to Title II: State and Local Government Entities. Each activity takes about 20 minutes in small groups or can be done in about 10 minutes if you choose 2 or 3 scenarios to discuss in a large group format. The obligations highlighted by these scenario activities may not be clear to some participants. Encourage participants to contact their local ADA Center at 1-800-949-4232 for free, confidential assistance about their rights and responsibilities under the ADA.

Transcript of Thinking it Through: Interactive Exercises about Public ... · ADA Trainer Network, Module 5d...

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Thinking it Through:

Interactive Exercises about Public Entities and the ADA

About this module

Goal: To provide an opportunity for participants to consider how Title II of the ADA applies to the facilities and services of public entities Format: Small or large group activity Time: 20 minutes (small group) or 10 minutes (large group) – PER ACTIVITY Potential audience: general audiences, employees of state and local municipal entities Materials needed: Hard copies of the scenarios for each activity

Facilitator’s Tips for this Module

Select one or more of these activities from this module to use along with one or more

presentation format modules related to Title II: State and Local Government Entities.

Each activity takes about 20 minutes in small groups or can be done in about 10 minutes if you choose 2 or 3 scenarios to discuss in a large group format. The obligations highlighted by these scenario activities may not be clear to some participants.

Encourage participants to contact their local ADA Center at 1-800-949-4232 for free, confidential

assistance about their rights and responsibilities under the ADA.

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Facilitator’s Notes for this Module

Facilitator’s Notes (Slide 1) Make sure you have completed the information contained on this slide i.e., Trainer’s Name and Title, Phone Number, and Email/Website.

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Facilitator’s Notes (Slide 2)

Change this slide to reflect your regional information. Trainers, be sure to advise participants that this training is not intended as legal advice.

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Facilitator’s Notes (Slide 3) This activity involves participants working in pairs to determine legal obligations in scenarios related to disability law and public entities.

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Facilitator’s Notes (Slide 4) #1 NO. A blanket requirement is a violation of the law as many wheelchair users would not need special assistance to safely participate in the camp.

#2 YES. If the college can show that it is an undue burden to produce all materials immediately then they can, as a reasonable modification, provide the materials needed for the first class and then give the student the rest of the materials as soon as they are produced; this would need to be done in timely manner so that the student can keep up with and benefit from the course. To

be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

# 3 YES. If the county can demonstrate that being able to swim is necessary for safe participation in the class. This is permitted even if requiring such a test would tend to screen out people with certain kinds of disabilities.

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Facilitator’s Notes (Slide 5) #4 NO. The ADA does not require a city government to provide snow removal service for the private driveways of residents with disabilities, if the city does not provide such service for residents without disabilities.

#5 BOTH. As a public accommodation, the restaurant is subject to Title III and must meet those obligations. The state park, a public entity, is subject to Title II. The Parks Department is obligated to ensure by contract that the restaurant is operated in a manner that enables the Department to meet its Title II obligations, even though the restaurant is not directly subject to Title II.

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Facilitator’s Notes (Slide 6) This activity involves participants working in pairs to consider legal obligations in scenarios related to disability law and public facilities and services.

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Facilitator’s Notes (Slide 7) This is an activity in which participants work in pairs to discuss questions and brainstorm answers. Make

these questions available as a handout, too, for anyone who requests it. See answers to questions

below:

1. The public entity must relocate the proceedings to an accessible ground floor courtroom or

another building if necessary, in order to allow Jane to participate in the civil suit.

2. It depends. The agency does not have to make structural changes to those inaccessible offices

as long as the accessible offices operate the same hours and business/services. However, in a

large city where there is significant distance between facilities, this can create barriers to

program access; then structural changes may be necessary in order to achieve program access

for everyone.

3. A city worker may need to meet the individual at an alternative location such as an accessible

part of City Hall or the applicant’s home, to process the necessary paperwork. Another option

might be to allow the applicant to complete and submit the paperwork electronically.

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Facilitator’s Notes (Slide 8)

4. The historic house museum does not need to do anything that would destroy architectural or historic features of the museum; however they still need to provide program access to the upstairs part of the building such as providing an audio-visual display of the contents of the upstairs rooms in an accessible location on the first floor. In the case of the office building , , there is no historical building protection and the office must attempt nonstructural methods of providing program accessibility, such as assuring public access to the services offered by the agency elsewhere. If this is not possible, then structural accessibility may need to be initiated unless it causes undue financial or administrative burden. Remember, too, that employees with disabilities working in that city office building are protected under Title I of the ADA, so the city might also have to make structural changes to provide them with access, including access to the benefits provided to other employees.

5. If providing an ASL interpreter 24 hours a day/7 days a week for one patient is an undue financial and/or administrative burden for the hospital, they are still obligated to provide effective communication through other means (e.g., provide an interpreter any time the patient is meeting with her doctor, etc.). For other more routine communication exchanges such as nurses administering nightly medication, staff serving lunch, etc. communicating via note writing or computer typing may be an effective way to communicate.

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Facilitator’s Notes (Slides 9) In this activity, participants will have a chance to apply what they learned from the presentation modules you have presented by considering how they might respond to some hypothetical yet plausible scenarios.

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Facilitator’s Notes (Slide 10) See Case Scenario Sheets in this guide.

• You can either let the groups self-select which scenario to work on, or you can assign

each group a different scenario.

• Give each group about 5 minutes to read and discuss the scenario,

• Then, have them report out their situation and resolution to the larger group, allowing

other groups to comment, agree/disagree, ask questions, etc. The report out/discussion

piece will be the most substantial part of this activity.

• The Case Scenario Handout and Answer Key are located at the back of this guide. . Refer

to the Answer Key when facilitating the discussion to ensure participants leave the

session with accurate information.

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Facilitator’s Notes (Slide 11) National Network: Please insert your centers contact information into this slide.

Conclude by reminding participants that the training materials were produced by the Northeast ADA Center in collaboration with the ADA National Network. Remind them of the free and confidential technical assistance and other services available from your local ADA Center and from the ADA Centers throughout the country. Mention the ADA TA line: 800-949-4232.

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Title II Case Scenarios ANSWER KEY

Directions Each small group discusses one scenario. Please consider the following questions:

1. What are the main concerns or dilemmas in this situation? Is this accommodation reasonable?

2. What are some ways this situation could be resolved? 3. How much might one of these solutions cost (ballpark figure OK)?

Scenario 1. A woman has come to a public meeting about a town issue. She has a service animal with her. Upon entering, she is told that service animals are not allowed since there is food at the meeting. Is this consistent with the ADA? ANSWER: 2010 ADA Revised Requirements define a service animal as any dog or miniature horse that has been individually trained to perform tasks for an individual with a disability, for which he or she requires assistance because of a disability. Assuming her service animal meets this definition, the woman has a right to bring the animal into the meeting. Service animals are to be allowed in all areas of a facility where the public is normally allowed to go. For more information, see: http://www.ada.gov/service_animals_2010.htm. There is little to no cost in accommodating this person. Free factsheets about service animals are available through the ADA National Network and the DOJ’s website. Additionally, training on service animals is available through the regional ADA Centers.

Scenario 2. The department of health is having a health fair at a public school gym. The parking lot has the minimum required number of accessible parking spots, under the law. The department hopes that many older people and people with disabilities will attend the fair. What can they do to provide additional parking for this temporary event and is this required? ANSWER: It is possible to create temporary modifications to the parking lot to increase the number of accessible spaces. This is described in the document entitled “Accessible Temporary Events: A Planning Guide. ATEAPG, Ron Mace, Rex Pace and Leslie Young, 2002, 103 pp. (See http://www.design.ncsu.edu/sud/pubs_p/pfacilities.htm to find out more about this Guide or call 800-949-4232.). They could create two more temporary accessible parking spaces by using three regular parking spaces. Choose three spaces that are close to the main entrance of the event. The parking space in the center of the three spaces can be used for the access aisle. Place three traffic cones in the parking space that is now the access aisle; place two accessible parking signs on the two temporary accessible spaces and add a portable ramp for access to the sidewalk. To find out more call your regional ADA Center at 800-949-4232.

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The ADA applies to both permanent and temporary events. Given that the number of accessible parking spaces meets the legal minimum, the department is not required to provide additional spaces. However, this scenario highlights the benefits of considering that more people with disabilities may attend and making it possible for them to do so. The cost of the traffic cones, accessible signs and (if needed) portable ramp for the event is minimal.

Scenario 3. A museum in an historic building is being renovated. The building is on the registry for historic preservation. What is the museum required to do under the ADA to be more accessible? What are some options for them to achieve access? ANSWER: The historic house museum does not need to do anything that would destroy architectural or historic features of the museum; however they still need to provide program access to the upstairs part of the building such as providing an audio-visual display of the contents of the upstairs rooms in an accessible location on the first floor. In the case of the office building, there is no historical building protection and the office must attempt nonstructural methods of providing program accessibility, such as assuring public access to the services offered by the agency elsewhere. If this is not possible, then structural accessibility may need to be initiated unless it causes undue financial or administrative burden. Remember, too, that employees with disabilities working in that city office building are protected under Title I of the ADA, so the city might also have to make structural changes to provide them with access, including access to the benefits provided to other employees. Program access could be increased by providing a video tour of the second floor of the building. If participants have questions about renovation of historic properties, please direct them to their regional ADA Center at 800-949-4232.

Scenario 4. A student with a visual disability is entering the high school. He has partial sight, but his field of vision is only about 20%. The student uses a white cane to help him navigate independently. He regularly navigates around his middle school without an aide and would like to continue to do so at the high school. He and his parents have requested that the school evaluate the public areas of the school to ensure that there are no protruding objects that could impair his ability to navigate independently. Is this request feasible? Why or why not?

ANSWER: The ADA has laid out very specific guidelines on protruding objects. The student and his parents are within their rights to request that the school is evaluated to ensure that there are no protruding objects that would make independent navigation impossible. If the school

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found items that were protruding from the wall beyond the specifications laid out in the ADA, they would have to put items that would be detectable by a white cane under those objects as a warning indicator. An example of this would be to place large planters under the protruding object so that the object could be detected by the student’s cane. The cost of this modification would be little or nothing. It may not be necessary to remove all protruding objects; it may be sufficient to place stable, unmoving objects (such as a heavy planter) under the object in the area that would be cane-detectable. ______________________________________________________________________________ Scenario 5. The clerk’s office has a new brochure about municipal resources for the community. Someone has called and requested a copy in Braille. Does the clerk’s office have to provide this type of accommodation? Why or Why not? What are some other alternative formats?

ANSWER: This municipal office is required to provide appropriate auxiliary aids and services to ensure effective communication for individuals with disabilities. When providing effective communication, the complexity and length of the information needs to be taken in to account. Since the clerk’s office is a Title II entity, “primary consideration” should be given to the individual’s choice of auxiliary aid or service. This means that the clerk’s office must honor the choice, unless it can demonstrate that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. If the clerk’s office were instead a private law office, then it would not have to give primary consideration to the individual’s preferred method as long as equally effective communication was assured. Tax and financial incentives exist which can offset the cost of providing accessible communications. To find out more, go to http://www.ada.gov/taxpack.htm. The cost of providing this information on a CD would be minimal.

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Title II (Public Entities) – ADA Case Scenarios Activity

Directions

Each small group discusses one scenario. Please consider the following questions: 1. What are the main concerns or dilemmas in this situation? Is this accommodation

reasonable? 2. What are some ways this situation could be resolved? 3. How much might one of these solutions cost (ballpark figure OK)?

Scenario 1. A woman has come to a public meeting about a town issue. She has a service animal with her. Upon entering, she is told that service animals are not allowed since there is food at the meeting. Is this consistent with the ADA? Scenario 2. The department of health is having a health fair at a public school gym. The parking lot has the minimum required number of accessible parking spots, under the law. The department hopes that many older people and people with disabilities will attend the fair. What can they do to provide additional parking for this temporary event and is this required?

Scenario 3. A museum in an historic building is being renovated. The building is on the registry for historic preservation. What is the museum required to do under the ADA to be more accessible? What are some options for them to achieve access?

Scenario 4. A student with a visual disability is entering the high school. He has partial sight, but his field of vision is only about 20%. The student uses a white cane to help him navigate independently. He regularly navigates around his middle school without an aide and would like to continue to do so at the high school. He and his parents have requested that the school evaluate the public areas of the school to ensure that there are no protruding objects that could impair his ability to navigate independently. Is this request feasible? Why or why not?

Scenario 5. The clerk’s office has a new brochure about municipal resources for the community. Someone has called and requested a copy in Braille. Does the clerk’s office have to provide this type of accommodation? Why or Why not? What are some other alternative formats?