disability access to city programs, services and activities a training guide for city departments...
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Disability Access to City Programs, Services and Activities
A Training GuideFor City Departments
City & County of San Francisco
Mayor’s Office on Disability
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Demographics
150,131 Residents with disabilities in San
Francisco
37.8% have a physical disability
26.1% have a mental disability
17.1% have a sensory disability
16.4% of people with disabilities are below the
poverty level (2X general population)– 2000 U.S. Census Data
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Common Disability Barriers…
1. Waiting in line
2. Prohibitions against animals
3. Inaccessible transportation
4. Segregation
5. Inappropriate application of safety standards and illegal-drug-use policies
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Self-Evaluation Results
Less than 50% of City managers knew minimal programmatic access requirements
49% of City programs had no means of communicating by telephone with people who have hearing or speech impairments
81% of City programs had no training for contract monitors to recognize disability access barriers
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In This Session You Will Learn:
The definition of disability access and YOUR obligations under the law.
How to successfully integrate disability access into your organization’s everyday programs, services, and activities.
What resources are available to assist your department.
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The Americans with Disabilities Act
A Civil Rights Law, with Standard Expectations
Don’t Deny Participation or Service Don’t Segregate Don’t Retaliate or Coerce
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Denial of Service or Participation
Example
The Commission on the Environment cuts short the public comment of an individual with a psychiatric disability and paranoid delusions because he begins to accuse a department staff member of official misconduct.
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Segregation
Example Ruth, a deaf woman who is the executive
director of one of DCYF’s grantees, asks DCYF to provide closed captioning during an upcoming grantee training. DCYF says that it cannot afford to hire a captioner. Instead, DCYF provides Ruth with the written materials for the class, and offers to have the class instructor meet with her to provide written answers to questions she may have about the materials.
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Retaliation or Coercion
Example: Cassandra, a woman with a psychiatric
disability, calls Marc, a DHR employee, repeatedly to complain that the City discriminated against her based on her disability when she applied for a City job. Cassandra is rude and unpleasant, and is unable to offer any concrete evidence of discrimination. After many such interactions, Marc incorrectly tells Cassandra that she cannot apply for another City job until the list that she is on expires.
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The ADA is a Civil Rights Law with NEW Expectations
Unlike other civil rights statutes, the ADA creates an affirmative obligation to create equal access so that people with disabilities have the same opportunity to benefit from a program, activity or service as others.
We have the obligation to modify our policies, practices and procedures when needed to provide equal access. This is called a
Reasonable Modification.
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Examples
The Office of Contract Administration assists persons with disabilities (cognitive, mobility, visual) in filling out forms required for businesses who want to become City vendors.
DHR provides a sign language interpreter during the interview of a deaf applicant for a City job.
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What We DON’T Need to Do
Fundamental Alteration A person with a developmental
disability requests OCA’s assistance in drafting his response to a Request for Proposals issued by a City department.
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Effective Communication
The City must provide people with disabilities the same opportunity as others to enjoy, receive and understand information from the City.
When the City provides an auxiliary aid or service to ensure effective communication, the City must give primary consideration to the aid or service the individual with a disability requested.
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For People Who Are Blind or Have Low Vision
Audio Description Braille Large Print Readers Tactile Materials Audio tape CD-ROM / electronic version text
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For People with Hearing or Speech Disabilities
Sign Language or Oral Interpreters Assistive Listening Devices (ALD) Captioning or Computer-Aided Real-time
Reporting (CART) TTY / Videophone Telephone Relay System (711)
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For People with Cognitive / Mental Disabilities
Focus on one topic at the time. Show or demonstrate verbal instructions. Rephrase and simplify concepts into smaller
components. Make associations with already familiar ideas. Use pictures and other visual aids. Inform people before transitions take place. Respond to clients’ level of interest.
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Examples
Upon request, OCA provides a Braille version of an RFP to an individual who wants to respond to the RFP.
Upon request, the Department on the Environment sends a City resident a CD Rom version of the information and related forms the Department has on its Website that relate to recycling construction debris.
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What We DON’T Need to Do
Undue Administrative Burden
Provide the City’s Municipal Code on audiotape if the Code is available online and the City provides access to a computer nearby that can read the Code aloud.
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Physical Access - Existing Facilities
The ADA does not require that an entity make every facility accessible. It does require that all City programs be accessible.
In theory, this concept of program access allows the City to have multiple programs in various sites, with only a portion of them accessible.
In practice, ensuring equality of service using this approach is extremely difficult.
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Methods of Achieving Access at Inaccessible Sites:
Redesign of equipment Reassignment to accessible buildings Delivery of services at alternative
accessible sites Alteration of existing facilities
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Maintenance of Accessible Features
Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities.
Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited.
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Examples
The lower, accessible counter at DHR’s office is cluttered with various forms and documents making the space unusable by customers using wheelchairs.
The automatic door openers at OCA’s office are obstructed by a set of large file cabinets.
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What We DON’T Need to Do
Undue Financial Burden
Install curb ramps that comply with current code at every City curb within one year’s time at a cost of $210 million
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Steps to Disability Access
NoticeNotice Auxiliary Aids and Services & Auxiliary Aids and Services &
Alternative FormatsAlternative Formats Accessible Public MeetingsAccessible Public Meetings Reasonable Modification PolicyReasonable Modification Policy Grievance ProcedureGrievance Procedure Staff TrainingStaff Training
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NoticeNotice Use the MOD
version, or your own.
It should have clear, simple language.
List the ADA Coordinator’s name & contact info.
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Auxiliary Aids and Services & Alternative Formats
MOD has lists with City approved vendors on the website. Schedule in advance if possible.
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Are your Public Meetings Accessible?
Accessibility features at the meeting site
Availability of auxiliary aids and services
Contact person to request reasonable modifications
Time frame for requests Accessible transit to the site (optional)
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Reasonable Modification Policy
If it is obvious, or easy, “Just Do It”If it doesn’t make sense, is
outrageous or it seems a bit more complex, give to a supervisor or call MOD.
Respond promptly with a timeline for action.
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Grievance Procedure
An administrative option instead of a lawsuit. A new grievance procedure is at the Board of Supervisors, with 20 business day response time.
Ensure that your staff understands the process and can inform customers of their options.
The Department itself provides the response to the complainant; MOD is a resource.
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Train Your Staff to . . .
Treat the customer with dignity, respect, and courtesy.
Listen to and address the customer directly. Use person-first language. Offer assistance but do not insist. Ask the customer to tell you the best way to help. Relax and deal with unfamiliar situations in a
calm, professional manner.
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Disability Access is…
Good Customer Service!
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We Are Always Here to Help !
Mayor’s Office on DisabilityTel: 415 554-6789TTY: 415 554-6799Fax: 415 554-6159E-mail: [email protected]
Visit our website: www.sfgov.org/mod