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Foundation Requirements Descriptions
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Foundation Requirement Descriptions

2010 ADA Standards for Accessible Design 
On July 26th, 2010 the Department of Justice released updated regulations under ADA. The new regulations update DOJ's ADA Accessibility Standards which govern the construction and alteration of facilities covered by the ADA. The new standards are based on revised minimum guidelines previously established by the Access Board. Courses that meet the Accessible Design requirement must include the following topics: 

  • Changes in the regulations
  • Effective dates for new construction and alterations
  • Provisions for new construction.
  • Provisions for existing facilities
  • Scoping and technical provisions

Effective Communication
Title II and Title III entities have an obligation to provide effective communication to individual with disabilities. Ensuring this effective communication obligation is met is often one of the significant responsibilities of the ADA Coordinator. Courses that meet the effective communication foundation requirement should cover the following topics. 

  • Definition of effective communication under the ADA. Extent of Title II and Title III obligations to provide effective communication
  • Different types of communication that must be made accessible
  • Determining the method of effective communication to provide.
  • Auxiliary aides and services
  • Definition of qualified interpreters
  • Requirements to make communication through websites and multi-media accessible.
  • Proactive steps a community/organization should take in order to be able to provide effective communication.
  • Applying effective communication obligations to different settings.

Emergency Preparedness 
ADA Coordinators should be involved in the process of preparing for and responding to emergencies to ensure that people with disabilities have access to these critical services. The ADA Coordinator should also be aware of the ADA regulations that affect readiness for emergencies for persons with disabilities and the importance of coordination among local, state, and federal agencies and first responders. Courses that meet the Emergency Preparedness requirement should cover the following topics:

  • Planning emergency preparedness and response activities considering the variety of needs of people with disabilities. 
  • Involving people with disabilities in identifying needs and evaluating effective emergency management practices.
  • Notification
  • Evacuation
  • Emergency transportation
  • Sheltering
  • Access to medication, refrigeration, and back-up power
  • Access to mobility devices and service animals
  • Accessible communication

Public Rights of Way 
Elements of the public rights-of-ways present unique challenges to accessibility for which specific guidance is considered essential. The new guidelines proposed by the US Access Board addresses these challenges and should be used to meet communities’ obligation to provide accessible pedestrian access. Courses that meet the Public Rights of Way requirement should cover the pedestrian access to:

  • Sidewalks
  • Street Transitions
  • Curb ramps
  • Pedestrian signals
  • Parking
  • Other components of public rights-of-way.

Role of the ADA Coordinator 
Any public entity with fifty or more employees must designate at least one employee to coordinate ADA compliance, generally designated as the “ADA Coordinator”. A designated ADA Coordinator is also used by business and industry in order to effectively meet ADA obligations. Courses that meet the requirement for Role of the ADA Coordinator must cover the following topics:

  • Planning and coordinating overall compliance effort
  • Developing and implementing grievance procedures.
  • Coordinating self-evaluations and transition plans.
  • Working with community leaders, individuals with disabilities, and other stakeholders to achieve compliance.
  • Establishing credibility and utilizing resources.

Reasonable Accommodation 
Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. The ADA requires employers in both the public and private sector to provide reasonable accommodations for qualified applicants or employees with disabilities. Courses that meet the Reasonable Accommodation foundation requirement should cover the following topics. 

  • Definition of reasonable accommodation
  • Mitigating measures and reasonable accommodation
  • Types of reasonable accommodation
  • Who is entitled to a reasonable accommodation and employers obligations
  • Determining what reasonable accommodation to provide
  • What is considered “unreasonable”
  • What cannot be used as criteria for denying a reasonable accommodation
  • Resources

Self-Evaluations and Transition Plans 
Coordinating self-evaluations and transition plans is a critical function of the ADA Coordinator. ADA Coordinators should have the knowledge base, tools and resources to effectively conduct self-evaluations and transition plans in their communities or organizations. Courses that meet the Self-Evaluation and Transition Plan requirement should cover the following topics:

  • Effective dates to implement new Title II regulations
  • The Title II enforcement process.
  • Dept. of Justice regulatory changes.
  • Steps for a complete and accurate self-evaluation
  • Best practices for developing and implementing transition plans.
  • Community Involvement

Title I of the ADA 
Title I of the Americans with Disabilities Act addresses the rights of individuals with disabilities in employment settings. ADA Coordinators should understand the basic requirements of Title I and non-discriminatory employment practices and procedures. Courses that meet the Title I foundation requirement should cover the following topics.

  • Who has obligations under Title I
  • Scope of the definition of disability under the ADA
  • Who has rights under Title I
  • Non-discriminatory practices related to employment recruitment, application process, interviewing, pre-employment inquiries & testing, hiring, medical examinations, and performance management
  • Essential functions of a position
  • Documentation of disability and confidentiality requirements
  • Reasonable accommodation and accommodation policies and process
  • Safety concerns in the workplace and “direct threat”
  • Resources
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