People with hearing or speech disabilities couldn’t represent themselves in court or access nonprofit services if no interpreters were provided. They couldn’t understand the information in bank statements, menus, signs, paper ballots or other print material if it wasn’t offered in an alternate format for people who were blind or had low vision. They couldn’t call 911 if the call system didn’t accept calls from TTYs, devices some people who are deaf use to transmit typed messages across phone lines. Many people with disabilities were unemployed or underemployed. People with mobility disabilities couldn’t ride a bus if the bus had no lift. Again, individuals with disabilities and other advocates mobilized, this time collecting stories from thousands of people in all 50 states about their personal experiences with discrimination. They presented the evidence to Congress. After extensive hearings and negotiations, Congress passed the Americans with Disabilities Act with an almost unanimous vote. The Americans with Disabilities Act has five sections, or “titles.” Title I: Employment Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to people without disabilities. Religious entities with 15 or more employees are also covered by title I. Title II: State and Local Government Activities Title II covers all activities of state and local governments regardless of the government entity’s size or receipt of federal funding. It requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g., public education, employment, recreation, health care, social services, courts, voting and town meetings). Title II: Public Transportation The transportation provisions of title II ban discrimination in public transportation services, such as city buses and public rail. Title III: Public Accommodations Title III covers businesses and nonprofit service providers that are public accommodations, private entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Title IV: Telecommunications Relay Services Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires telephone
Do a self-evaluation of policies and procedures. Create a transition plan if changes to buildings or facilities are necessary to prevent discrimination. [DIVIDER LINE] [MOUSE ICON] Many federal agencies offer technical assistance to help you comply with section 504. For example, the National Endowment for the Arts publishes excellent () [MOUSE ICON] Your local ADA Center, formerly the Disability and Business Technical Assistance Center, can help you understand what laws apply and how to comply. Ten centers offer training and guidance around the country. The one that serves you — including the Great Lakes ADA Center serving Illinois — can be reached by calling 800.949.4232 (voice or TTY) or visiting the (). [DIVIDER LINE] 2. State and local laws Your organization may also be covered by state and local laws that prohibit discrimination against people with disabilities. These can include state or local accessibility standards or laws that address such areas as service animals or companion animals. For example, these laws may include a broader variety of assistance animals that must be allowed to accompany people with disabilities or may impose stricter requirements for new construction. [LOCAL ICON] Examples of state and local laws that may affect nonprofits in the Chicago area include: () requires compliance with the accessible design standards of the Illinois Accessibility Code in new construction, additions and alterations to many public and private facilities. () includes accessibility requirements that are mostly consistent with the ADA. Updates to both the Illinois Accessibility Code and the Chicago Building Code are expected by 2016. 3. Employment laws If your organization has more than 15 employees, it is probably covered by title I of the ADA, which requires employers to provide to qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to
[DIVIDING LINE] [KEY POINT ICON] Some state laws prevent child care providers from providing medical care and supervision without appropriate authorization. This can include administering insulin, glucagon for severe hypoglycemia or other diabetes care. An () addresses these issues. It requires the center to apply to the state for permission to provide those specific types of care within five days of receiving a request from a family as long as it has received certain information about the child’s condition and a medical management plan from the child’s physician. [DIVIDING LINE] 6. Charges for services Generally child care programs may not charge families with children with disabilities more than other families are charged to cover any increased costs, including insurance costs the program incurs. The provider should treat any additional cost as overhead or spread the cost to all families in the program. You may charge for services that are beyond what is required by law. For instance, if a child requires complicated medical procedures that can only be done by licensed medical personnel and the center does not normally have such personnel on staff, the center would not be required to provide the medical services under the ADA. If the center chooses to go beyond its legal obligation and provides the services, it may charge the parents or guardians accordingly. On the other hand, if a center is asked to do simple procedures that are required by the ADA, such as finger-prick blood glucose tests for children with diabetes, it cannot charge the parents extra for those services. 7. Physical access [KEY POINT ICON] The ADA Standards for Accessible Design apply to facilities built for children, but until the 2010 standards were issued, there were no particular requirements for child-size elements, such as desks, toilet rooms and drinking fountains. The 2010 standards include specific provisions for play areas, as well as interior elements used by children, such as drinking fountains, toilet rooms, lavatories and sinks, dining surfaces, and work surfaces like desks. The provisions are found in sections 234.3, 240, 602.2, 604.1, 604.8.1, 604.9, 606.2, 609.4, 902.1, 902.4, and 1008.4.3. See Section 2.b.1 and Resources. See Section A.1 of the Resources for links to the current standards.