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Summary Of ADA Title II Regulations
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Summary Of ADA Title II Regulations

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Summary of how the American's With Disabilities Act requires governmental agencies to provide appropriate accomodations of their services to people with disabilities including cognitive limitations

Summary of how the American's With Disabilities Act requires governmental agencies to provide appropriate accomodations of their services to people with disabilities including cognitive limitations

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Summary Of ADA Title II Regulations Summary Of ADA Title II Regulations Presentation Transcript

  • Summary of ADA Title II Regulations
    • Title II applies to anything a public entity does.
    • Not limited to “Executive” agencies
    • Includes activities of legislative, judicial branches of State and local governments
    • Includes State contractors
  •  
  • Two Major Categories of Programs/Activities
    • General public contact by telephone, walk-in or interview
    • Programs that provide State or local government services or benefits.
  •  
  • Public Entity Means
    • Any State or local government
    • Any department, agency, special purpose district or other instrumentality of a State or States or local government
  •  
    • Neurological
    • Musculoskeletal
    • Special sense organs
    • Respiratory (including speech organs)
    • Cardiovascular
    • Reproductive
    • Digestive
    • Genitourinary,
    • Hemi & Lymphatic
    • Skin
    • Endocrine
    Physical or Mental Impairment Means 1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:
  •  
  • Physical or Mental Impairment Means 2) Any mental or psychological disorder such as:
    • Mental Retardation
    • Organic Brain Syndrome
    • Emotional or Mental Illness
    • Specific Learning Disabilities
  •  
  • Physical or Mental Impairment Means 3) Includes but not limited to contagious and non-contagious diseases and conditions such as:
    • Orthopedic, visual, speech & hearing impairments
    • Cerebral palsy
    • Epilepsy
    • Muscular Dystrophy
    • Multiple Sclerosis
    • Heart Disease
    • Cancer
    • Diabetes
    • HIV disease symptomatic or asymptomatic,
    • Tuberculosis, drug addiction
    • Alcoholism
  •  
  • Three Tests for Disability
    • A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
    • A record of such and impairment; or
    • Being regarded as having such an impairment.
    • If a person meets any one of these he or she is considered to be and individual with a disability under the ADA
  •  
  • Restrictions On Discrimination 1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability
    • Deny a qualified person the opportunity to participate in or benefit from the aid, benefit, or service;
    • Give a qualified person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded to others;
    • Provide a qualified person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
  •  
  • Restrictions On Discrimination (continued)
    • Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified persons with disabilities with aids, benefits or services that are as effective as those provide to others.
  •  
  • Restrictions On Discrimination 2) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration:
    • That have the effect of subjecting qualified individuals with disabilities to discrimination of the basis of disability
    • That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity’s program with respect to individuals with disabilities; or
    • That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State.
  •  
  • Summary
    • All public programs are covered by Title II of the ADA.
    • This includes Social/Human Services programs.
    • All public programs are expected to make and demonstrate the effectiveness of reasonable modifications based on a qualified person’s disability in the delivery of all services.
    • Needed modifications are to afford equal opportunity to get the same result, gain the same benefit or reach the same level of benefit that people without the specific disability may achieve.
  •  
  • Summary
    • Many parents with developmental disabilities need significant modifications to services.
    • Identifying people with mild cognitive disabilities and learning disabilities is often difficult, but necessary for them to receive benefit from services.
    • They have different learning styles and needs to gain information. It may take longer.
    • Long term services are often needed whereas social services agencies many times see themselves as providing only short term services.
  •  
  • References
    • Rocky Mountain Disability & Business Technical Assistance Center – State/Local Gov’t Title II
      • www.ada-infonet.org/documents/titleII/titleII.asp
    • Communicating with People with Disabilities
      • www.adaptiveenvironments.org/neada/fact3.phpTI
    • Title II Of The ADA: State And Local Government
      • www.protectionandadvocacy-sc.org/ADA%20TitleII.htm
  •  
  • References (Continued)
    • Through The Looking Glass - National Resource Center for Parents with Disabilities Disabled Parent Network
      • http://www.lookingglass.org/parent.php
    • The Legal Center for Persons with Disabilities & Older People – Legal Advocacy
      • http://www.thelegalcenter.org/
    • The Arc of Colorado – Advocacy Services
      • http://www.thearcofco.org/
  •