Overview of Title II of the Americans with Disabilities Act and Maryland Courts 1 Karen Goss...

Overview of Title II of the Americans with Disabilities Act and Maryland

Courts

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Karen GossAssistant Director

Mid-Atlantic ADA Center

March 11, 2014

DisclaimerInformation, 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:

• all types of state agencies• counties• municipalities and cities• executive, legislative, and judicial

branches of state and local government

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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

Photograph of teletypewriter TTY

• 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

Telephone Relay System (TRS)

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Video Remote Interpreting

Definition:

An interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images…

Video Remote InterpretingContinued

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.

Diagram of Video Relay Service 1. Video Relay user signs to the interpreter

2. Interpreter speaks to the phone user3. Phone user responds

4. Interpreter signs the response

Video Relay Service (VRS)

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Qualified Interpreter

“Qualified interpreter” defined as “An interpreter who, via video remote interpreting (VRI) service or an on-site 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

– 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 actionif it would result in undue financial andadministrative 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/adacitizensaccommodationsprocedure.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 GossAssistant Director

Mid-Atlantic ADA Center1 800 949-3242 v/tty

ADAinfo@transcen.org

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