Transcript ADA & Assistive Technology Act of 2004

ADA & Assistive Technology Act of
2004
Effective Communication
Title II &Title III
Objectives:
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1. Have a basic understanding of effective
communication.
2. Understand the importance of
communication in medical care.
3. Know examples of auxiliary aids and services
under the ADA.
4. Gain insights into how a state AT Act project
may support public and private entities obligation
to provide effective communication.
5. Begin development of an action plan for
providing communication support.
The purpose of the Assistive Technology Act of
1998, as amended is to support State efforts to
improve the provision of assistive technology
to individuals with disabilities and increase the
capacity of public agencies and private entities
to provide and pay for assistive technology
devices and assistive technology services on a
statewide basis.
The Americans with Disabilities Act of 1990
(ADA) is civil rights legislation relating to other
federal statutes and regulations including the
Assistive Technology Act.
The purpose of the ADA is for the elimination
of discrimination against individuals with
disabilities through Federal oversight and
enforcement of standards.
Effective Communication
“A public entity shall take appropriate steps
to ensure communications with applicants,
participants, and members of the public with
disabilities are as effective as
communications with others.”
Individuals who are Covered
Qualified individual with a disability –
an individual with a disability who, with or
without reasonable modifications to rules,
policies, and practices the removal of
architectural, communications, or
transportation barriers, or the provision of
auxiliary aids and services, meets the essential
eligibility requirements for the receipt of
services or the participation in programs or
activities provided by a state or local
government.
Effective Communication
“A public entity shall furnish appropriate
auxiliary aids and services where necessary
to afford an individual with a disability an
equal opportunity to participate in, and
enjoy the benefits of, a service, program, or
activity conducted by a public entity”
Titles II & III
Nondiscrimination Requirements
(Note: the nondiscrimination requirements
are the same for both Titles II & III)
No Exclusion of People with Disabilities
Effective Communication
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“A public entity shall
take appropriate steps
to ensure
communications with
applicants, participants,
and members of the
public with disabilities
are as effective as
communications with
others.”
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“A public entity shall
furnish appropriate
auxiliary aids and
services where
necessary to afford an
individual with a
disability an equal
opportunity to
participate in, and
enjoy the benefits of, a
service, program, or
activity conducted by a
public entity”
Title II
Common examples of facilities covered
under Title II include state and local
government offices, public schools, and state
licensing and exam centers.
Title III
Common examples of facilities covered
under Title III include hospitals, doctors’
offices, restaurants, retail stores, hotels,
movie theaters, private schools, convention
centers, day care centers, and recreation
facilities, such as sports stadiums and fitness
clubs.
Title III Public Accommodation
Categories—
1) Places of lodging (e.g. , inns, hotels, motels) (except for owneroccupied establishments renting fewer than six rooms);
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other
place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of
public gathering;
(5) A bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
(6) A Laundromat, dry-cleaner, bank, barber shop, beauty shop,
travel service, shoe repair service, funeral parlor, gas station, office
of an accountant or lawyer, pharmacy, insurance office, professional
office of a health care provider, hospital, or other service
establishments;
Title III Public Accommodation
Categories—
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private
school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank,
adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of
exercise or recreation.
Private club means a private club or establishment exempted from coverage
under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).
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Private entity means a person or entity other than a public entity.
ADA Requirements
The ADA doesn't require using any auxiliary
aid that would result in an undue burden or
fundamentally change the goods or services
provided by a public accommodation. However,
the public accommodation is not relieved from
the duty to furnish an alternative auxiliary aid,
if available, that would not result in a
fundamental alteration or undue burden. Both
of these limitations are derived from existing
regulations and case law under Section 504 of
the Rehabilitation Act and are determined on a
case-by-case basis.
ADA Relationship to Other Laws
The Department of Justice regulation implementing title II, 28
CFR 35.103, title III, 28 CFR 36.103 provides the following:
(a) Rule of interpretation. Except as otherwise provided in this
part, this part shall not be construed to apply a lesser standard
than the standards applied under title V of the Rehabilitation Act
of 1973 (29 U.S.C. 791) or the regulations issued by Federal
agencies pursuant to that title.
(b) Other laws. This part does not invalidate or limit the
remedies, rights, and procedures of any other Federal, State, or
local laws (including State common law) that provide greater or
equal protection for the rights of individuals with disabilities or
individuals associated with them.
Assistive Technology Act of 1998 as
amended
PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1707
(C) DEVICE LOAN PROGRAMS.—The State shall directly,
or in collaboration with public or private entities, carry
out device loan programs that provide short-term loans
of assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794).
Assistive Technology Act of 1998 as
amended
(i) TRAINING AND TECHNICAL ASSISTANCE.—
(I) IN GENERAL.—The State shall directly, or
provide support to public or private entities with
demonstrated expertise in collaborating with public
or private agencies that serve individuals with
disabilities, to develop and disseminate training
materials, conduct training,
and provide technical assistance, for individuals from
local settings statewide, including representatives of
State and local educational agencies, other State and
local agencies, early intervention programs, adult
service programs, hospitals and other health care
facilities, institutions of higher education, and
businesses.
Undue Burden
The ADA doesn't require using any auxiliary
aid that would result in an undue burden or
fundamentally change the goods or services
provided by a public accommodation. However,
the public accommodation is not relieved from
the duty to furnish an alternative auxiliary aid,
if available, that would not result in a
fundamental alteration or undue burden. Both
of these limitations are derived from existing
regulations and case law under Section 504 of
the Rehabilitation Act and are determined on a
case-by-case basis.
§ 36.303 Auxiliary aids and services
(a) General. A public accommodation shall take those
steps that may be necessary to ensure that no
individual with a disability is excluded, denied
services, segregated or otherwise treated differently
than other individuals because of the absence of
auxiliary aids and services, unless the public
accommodation can demonstrate that taking those
steps would fundamentally alter the nature of the
goods, services, facilities, privileges, advantages, or
accommodations being offered or would result in an
undue burden, i.e., significant difficulty or expense.
(b) Examples. The term "auxiliary
aids and services" includes –
(1) Qualified interpreters on-site or through video remote
interpreting (VRI) services; note takers; real-time computer-aided
transcription services; written materials; exchange of written notes;
telephone handset amplifiers; assistive listening devices; assistive listening
systems; telephones compatible with hearing aids; closed caption
decoders; open and closed captioning, including real-time captioning;
voice, text, and video-based telecommunications products and
systems, including text telephones (TTYs), videophones, and
captioned telephones, or equally effective telecommunications
devices; videotext displays; accessible electronic and information
technology; or other effective methods of making aurally delivered
information available to individuals who are deaf or hard of hearing;
(2) Qualified readers; taped texts; audio recordings; Brailled materials and
displays; screen reader software; magnification software; optical
readers; secondary auditory programs (SAP); large print materials;
accessible electronic and information technology; or other
effective methods of making visually delivered materials available to
individuals who are blind or have low vision;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
Effective Communication with Individuals with
disabilities
(c) Effective communication.
(1) A public accommodation shall furnish appropriate
auxiliary aids and services where necessary to ensure
effective communication with individuals with disabilities.
This includes an obligation to provide effective
communication to companions who are
individuals with disabilities.
(ii) The type of auxiliary aid or service necessary
to ensure effective communication will vary in
accordance with the method of communication
used by the individual; the nature, length, and
complexity of the communication involved; and
the context in which the communication is taking
place.
Accessible, Timely & Private
A public accommodation should consult with
individuals with disabilities whenever possible to
determine what type of auxiliary aid is needed to
ensure effective communication, but the ultimate
decision as to what measures to take rests with the
public accommodation, provided that the method
chosen results in effective communication. In order
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.
Providing Equal Access With Auxiliary Aids and
Services
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There are many ways that you can provide equal access to
communications for people with disabilities. These different ways are
provided through “auxiliary aids and services.” “Auxiliary aids and services”
are devices or services that enable effective communication for people
with disabilities.3
Title II of the ADA requires government entities to make appropriate
auxiliary aids and services available to ensure effective communication.4
 You also must make information about the location of accessible services,
activities, and facilities available in a format that is accessible to people who
are deaf or hard of hearing and those who are blind or have low vision.5
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Generally, the requirement to provide an auxiliary aid or service is
triggered when a person with a disability requests it.
3 28 C.F.R. §§ 35. 104, 35.160.
 4 28 C.F.R. Part 35.160(b)(1).
 5 28 C.F.R. § 35.163 (a).
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Different auxiliary aids and services examples
that may be used to provide effective
communication
Speech synthesizers, communication boards, qualified
interpreters, note takers, screen readers, computeraided real-time transcription (CART), written materials,
telephone handset amplifiers, assistive listening systems,
hearing aid-compatible telephones, computer terminals,
text telephones (TTYs), open or closed captioning,
closed caption decoders, video interpreting services,
videotext displays, description of visually presented
materials, exchange of written notes, TTY or video relay
service, email, text messaging, instant messaging,
qualified readers, assistance filling out forms, taped texts,
audio recordings, Brailled materials, large print materials,
materials in electronic format (compact disc with
materials in plain text or word processor format)
Action Plan
Identify states that provide ADA Title II &
Title III loans and Technical Assistance.
 Share models and other materials.
 Update loan program devices and
software.
 Marketing activities to Title II and Title III
facilities.
 Outreach to individuals with disabilities.
 Other ideas?
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