1. Title II of Americans with Disabilities Act (ADA)
City of Monticello, Indiana
Cathy Gross, ADA & Title VI Coordinator
President, Indiana ADA & Title VI Coordinators’ Association
All information shared here can be located on the INDOT & DOJ websites
The purpose of the ADA is: To prevent discrimination on the basis of disability. 1

2. Has a record of impairment Is regarded as having an impairment
Physical (physiological disorder or condition; cosmetic disfigurement; or anatomical loss affecting 1 or more body systems) or mental impairment
(psychological; intellectual; emotional; mental illness; specific learning disability) which substantially limits 1 or more major life activities
Has a record of impairment
Is regarded as having an impairment
Let’s first define a disability, one need only meet 1 part of the definitions
Does not include:
Simple physical characteristics (eye color)
Normal deviations (height, weight, strength)
Common personality traits (temper)
Environmental, cultural, or economic disadvantages (lack of education)
Homosexuality or bisexuality 2

3. A Brief History Civil Rights Act Rehabilitation Act
1964
Civil Rights Act
1973
Rehabilitation Act
1986
Air Carrier Access Act
1988
Fair Housing Act
1990
Americans with Disabilities Act
Others include: Architect Barriers Act; 1975 IDEA (Education Act); 1998 Section 508 (access to elections and information technology); 2008 GINA (Genetic Information Nondiscrimination Act)
ADA is a natural extension of prior legislation, these are just a few of the laws passed by Congress. 3

4. The Americans with Disabilities Act of 1990 (ADA)   
Title II of the ADA applies to all public entities. It requires Local Public Agencies (LPA’s) to remove architectural and programmatic barriers that exclude qualified individuals with a disability. The ADA also requires LPA’s, upon request, to make reasonable modifications to its policies and programs to ensure that qualified individuals with disabilities have an equal opportunity to enjoy its programs and activities. LPA’s are not required to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

5. Section 504 of the Rehabilitation Act of 1973
Under Section 504, no qualified individual with a disability shall, solely, by reason of his disability, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance. Section 504 requires that LPA’s ensure that all pedestrian facilities meet the minimum accessibility design requirements set forth by law.

6. LPA Notice of Nondiscrimination
Americans with Disabilities Act
INDOT is committed to providing resources and technical assistance regarding the Americans with Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973 (Section 504). Please do not hesitate to contact us with any questions.
LPA Notice of Nondiscrimination
Both the ADA and Section 504 require LPA’s to inform the public of its obligation not to discriminate on the basis of disability in the administration of its programs and operation of its facilities.

7. The 5 Titles of the Americans with Disabilities Act
Title I
Employment
Title II
State & Local Government
Title III
Public Accommodations
Title IV
Telecommunications
Title V
Transportation & Misc
The ADA has five components or titles, as a coordinator for an LPA we fall under Title II 7

8. ADA Coordinator
The ADA Coordinator is an individual designated to coordinate ADA compliance. Title II provisions of the ADA requires state and local governments with 50 or more employees to appoint an ADA Coordinator.
Frequently the ADA Coordinator is appointed without any prior knowledge of the ADA, and this is just one of many hats they must wear.
This can lead to understanding the ADA as it applies to their discipline and can lead to “silos”

9. Transition Plans ADA Coordinator Grievance Policy
Self Evaluations (all facilities, programs, & services)
Planning for compliance (committing to progress with budget outline)
Public Input and Notice
Policy (document through resolution &/or ordinance
Update
Curbs, sidewalks, buildings, parks, programs, utilities, emergency planning & management)
ADA touches everything!
I update yearly; documenting all changes & re-construction, updating documents, & reporting to city council and board of works

10. An Effective ADA Coordinator
Here are some of the qualifications that help an ADA Coordinator to be effective:
familiarity with the state or local government’s structure, activities, and employees
knowledge of the ADA and other laws addressing the rights of people with disabilities, such as Section 504 of the Rehabilitation Act, 29 U.S.C. § 794
experience with people with a broad range of disabilities
knowledge of various alternative formats and alternative technologies that enable people with disabilities to communicate, participate, and perform tasks
ability to work cooperatively with the local government and people with disabilities
familiarity with any local disability advocacy groups or other disability groups
skills and training in negotiation and mediation
organizational and analytical skills
Communication is key….be the “cheerleader”….approach with carrots, avoid sticks….don’t keep up….

11. Grievance Policy
Neither Title II nor its implementing regulations describe what ADA grievance procedures must include. However, the Department of Justice has developed a model grievance procedure that is included at the end of this chapter. The grievance procedure should include:
a description of how and where a complaint under Title II may be filed with the government entity;
if a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
a description of the time frames and processes to be followed by the complainant and the government entity;
information on how to appeal an adverse decision; and
a statement of how long complaint files will be retained.
Once a state or local government establishes a grievance procedure under the ADA, it should be distributed to all agency heads. Post copies in public spaces of public building and on the government’s website. Update the procedure and the contact information as necessary. In addition, the procedure must be available in alternative formats so that it is accessible to all people with disabilities.

12. Facilities Evaluations
A: Parking and Passenger Loading Zones B: Site Accessible Routes and Elements C: Entrances D: Building Accessible Route E: Rooms and Spaces (Including Assembly Areas and Dressing and Fitting Rooms) F: Toilet Rooms and Bathrooms G: Special Features -- Signage, Alarms, Detectable Warnings, and Automated Teller Machines (ATMs) H: Special Types of Facilities I: Accessible Buildings -- Additions and Alterations J: Accessible Buildings -- Historic Preservation
Every public access building, program, and service….
Just think of it….. city buildings, park buildings, programs & services 12

13. Notice Under the Americans with Disabilities Act
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. 
Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.
Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity’s] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of  [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 
Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator].
[Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

14. “A JOINT RESOLUTION OF THE MONTICELLO CITY COUNCIL AND THE MONTICELLO BOARD OF PUBLIC WORKS AND SAFETY ESTABLISHING THE MONTICELLO MAYOR’S AMERICANS WITH DISABILITIES ACT (ADA) ADVISORY COUNCIL
WHEREAS, the City of Monticello embraces inclusiveness, diversity and equal opportunity as core community values and believes the City of Monticello is stronger when the city is more welcoming and accessible, and
WHEREAS, the challenges and barriers faced by persons with disabilities limit their ability to fully and equally participate in the life of the Monticello community, and
WHEREAS, the City of Monticello will work toward the full inclusion of persons with disabilities through the creation of a forum in which members representing the disability community and other individuals and organizations come together to develop programs, promote education, create resources and engage in advocacy for an accessible community and on issues affecting persons with disabilities.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL AND THE BOARD OF PUBLIC WORKS AND SAFETY, CITY OF MONTICELLO, WHITE COUNTY, INDIANA, THAT:
ESTABLISHMENT: The Mayor establishes the Monticello Mayor’s Americans with Disabilities Act (ADA) Advisory Council to advance independence, productivity and inclusion of people with disability in all aspects of the Monticello community;
PURPOSE AND DUTIES: The Mayor’s Americans with Disabilities Act (ADA) Advisory Council shall serve in an advisory capacity to the Mayor and will assist in the prioritization of facility improvements for accessibility and phasing; and assist and seek funding opportunities. All proposals generated by individuals, groups or committees, which relate to the Advisory Council shall be reviewed by the membership of the Advisory Council for recommendation to the Mayor and City Council.” 14

15. Public Accommodations
Title III
Public Accommodations
Commercial
Facilities
Examinations
Courses
To act as a resource for our business community, making accessibility a priority. Assist with funding opportunities through small business loans & tax credits. Remember your responsibilities are to your government entity only….you can advocate & work with Title III, but you are not responsible (out of your baileywick) 15

16. Telecommunications Telephone, TV, Internet Governed by the FCC
Title IV
Telecommunications
Telephone, TV, Internet
Governed by the FCC
Hearing & Vision impaired, devices for telephones, closed captioning, screen readers (formatting requirements when preparing internet accessible documents) 16

17. Title V Transportation & Miscellaneous
Pertains to all other titles as well
Retaliation & coercion
Construction
Insurance underwriting
Technical assistance plans
Alternative dispute resolution
Just a few addressed by Title V 17

18. Thank you for allowing me this opportunity
The Right Thing to Do
Thank you for allowing me this opportunity

19. Cathy Gross Americans with Disabilities Act Coordinator 227 N Main Street Monticello IN   Phone: Cell: Fax:    
ADA
Please feel free to contact me…..