The Disability Advisory Review Team (DART) serves the University of California, Berkeley as a subcommittee of the Chancellor’s Advisory Council on Disability & Accessibility Planning.
Why do we have an ADA Compliance Officer and liaisons?
- Title II of the ADA requires public entities with 50 or more employees to have one
- Because all departmental activities, services, and programs must be accessible to and useable by people with disabilities
What does the Office of Disability Compliance & Access accomplish with DART?
- Architectural access
- Programmatic access
- Communication access
- Disaster planning for people with disabilities
ADA is a Civil Rights law with basic provisions:
- Prohibits denial of service
- Prohibits segregation
- Prohibits retaliation or coercion
Definition of Disability
- Physical or mental impairment that limits one or more major life activities
- A record of such impairment
- Being perceived as having a disability (even if no impairment exists)
Where does the ADA apply?
- Title I applies to employment
- Title II applies to programs & services of state and local government
- Title III applies to places of public accommodation (businesses)
- Title IV applies to telecommunications
- Title V is ‘ miscellaneous’
What does the ADA cover?
All local & state bodies
Title II Administrative Requirements
- Designate an ADA Coordinator/Compliance Officer
- Provide public with Notice of Rights
- ADA Grievance Procedure and Policy
- Transition Plan
Title II is really about Equal Opportunity for users of public entities, Title I for employees
- Architectural access
- Reasonable modifications
- Effective communications
- Navigable web
What is Architectural Access?
- The buildings, parks, lawns, transit points, sidewalks and other public spaces in the Path of Travel (POT), must be up to minimum design standards under the ADA and the Cal Building Code
- ex 1: the curb-ramp and sidewalk system must allow disabled people to traverse the campus when the program is taken in totality
- ex 2: doors, service counters, bathrooms and interior POT must also meet minimum standards and allow access when taken in totality
What is Programmatic Access?
- Under Title II, University services must be “accessible to and usable by people with disabilities”
- It goes beyond physical accessibility to include reasonable modifications, effective communication and navigable E/web
What is Effective Communication
- Equal Access to information. We have the obligation to provide people with disabilities information in a way that they are able to understand it. This can be done through the provision of equipment or auxiliary aids and services. The choice of what to provide lies with the person with the disability;
- ex 1: a blind person received information electronically instead of in print;
- ex 2: a sign language interpreter is scheduled for a Deaf individual to attend a meeting
Limits to the University’s Title II Obligations
- Fundamental alterations: changes that alter the essential nature of a program; it is our duty to establish that the request would so alter the service system
- Undue financial burden: could only be accomplished with significant expense; to determine this we must consider all resources of the parent entity
- Undue admin burden: could only be accomplished with significant difficulty; to determine this we must consider all resources available for use in the program
- Direct Threat: granting the request for accommodation would result in a direct threat to the health or safety of the individual or others
Summary of expectations of ADA Departmental Liaison
- Support ADA compliance in your department by:
- participating in DART, disseminating information you receive here & distributing or maintaining materials
- assisting coworkers with TTY/ordering interpreters/making large print or electronic versions of documents as needed); log when requests for accommodation are made
- directing requests for technical assistance from others in your department to me if you can’t find the answer in our materials
- notify me of when an issue has resulted in your department providing someone with a grievance form; provide any completed and mis-submitted grievance forms to DAC