with ada implementing maintaining ada self evaluation...
TRANSCRIPT
Americans with Disabilities Act
ADA
Accessibility Resource Materials
Developing, Implementing and Maintaining
your ADA Self‐Evaluation and Transition
Plan
Prepared and presented by
Disability Access Consultants and Alliance for Schools for Cooperative
(800) 743‐7067 Insurance Programs
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WHAT IS THE ADA?
The ADA is a wide‐ranging civil rights law that prohibits discrimination based on disability. It affords similar
protections to the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national
origin, and other characteristics illegal. Disability is defined by the ADA as "...a physical or mental
impairment that substantially limits a major life activity." The determination of whether any particular
condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded
as disabilities, such as current substance abuse and visual impairment that is correctable by prescription
lenses.
The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. It
was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes
effective January 1, 2009.
CIVIL RIGHTS LAW
The Office for Civil Rights enforces Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, Title II of
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., and Section 1557 of the Patient
Protection and Affordable Care Act, 42 U.S.C. 18116. Section 504 obligates recipients of Federal financial
assistance to ensure that persons with disabilities have equal access to their programs, services, activities,
and facilities. Similarly, Title II obligates all state and local governments, including those that receive no
federal financial assistance, to ensure that persons with disabilities have equal access to their programs,
services, activities, and facilities. Section 1557 provides that an individual shall not be excluded from
participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited
under, among other laws, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, under any health
program or activity, any part of which is receiving federal financial assistance, or under any program or
activity that is administered by an Executive Agency or any entity established under Title I of the Affordable
Care Act or its amendments.
REQUIREMENTS OF THE ADA FOR PUBLIC ENTITIES
Title II prohibits disability discrimination by all public entities at the local (i.e. school districts, municipalities,
city and county governments, park districts, water districts) and at the state level. Public entities must
comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all
programs, services and activities offered by the entity.
ADA Title II: State and Local Government Activities
Title II covers all activities of State and local governments regardless of the public entity's size or receipt of
Federal funding. Title II requires that State and local governments give individuals with disabilities an equal
opportunity to benefit from all of their programs, services, and activities.
State and local governments are required to follow specific architectural standards in the new construction
and alteration of their buildings. They also must relocate programs or otherwise provide access in
inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech
disabilities. They are required to make reasonable modifications to policies, practices, and procedures
where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally
alter the nature of the service, program, or activity being provided.
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TITLES OF THE ADA
There are five titles of the ADA.
Title I: Employment
Title II: State and Local Governments
Title III: Public Accommodations
Title IV: Telecommunications
Title V: Miscellaneous
Public entities, such as cities and other local governments are primarily concerned with Title II of the ADA
which prohibits discrimination and requires access to programs, services and activities of the public entity.
In essence, the ADA provides that persons with disabilities have the same opportunities as persons without
disabilities.
Public entities must also be aware that they may need to meet Title III requirements for vendors,
concessions or private businesses that provide services to the agency that are open to the public.
Public entities are not required to take actions that would result in undue financial and administrative
burdens. The concept of undue burden is difficult to use primarily due to the amount of money allocated in
public agency budgets during the passage of the ADA. The test for undue burden is difficult for the public
entity as the cost for the accessibility improvements is compared to the public agency’s overall budget, not
just a single project cost.
Noncompliant remodeling or renovation provides a difficult situation for a public entity and makes it hard
for the public entity to explain why they are building barriers when they “have limited or no money.”
ADA Title II: Public Transportation
The transportation provisions of Title II cover public transportation services, such as buses. Agencies
operating public transportation may not discriminate against people with disabilities in the provision of their
services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith
efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and,
unless it would result in an undue burden, provide paratransit where they operate fixed‐route bus systems.
Paratransit is a service where individuals who are unable to use the regular transit system independently
(because of a physical or mental impairment) are picked up and dropped off at their destinations.
SELF‐EVALUATION AND TRANSITION PLAN
A comprehensive plan includes two components that involve a review of policies, procedures, practices and
programs and a review and identification of physical barriers that may deny access for individuals with
disabilities.
Self‐evaluation: Reviews policies, procedures, programs, services and activities to determine if any are
discriminatory or potentially discriminatory. Policies and procedures may include, but are not limited to, a
review of grievance procedures, communication, alternate formats, surcharges, emergency evacuation,
auxiliary aids, procedures for use of facilities and other related areas. The self‐evaluation works with and
incorporates findings identified in the transition plan.
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Transition plan: Identifies any physical barriers that may deny access to a person with a disability. The
required components of the transition plan are identified in the section below. The term transition plan
comes from the terminology of “transitioning” into compliance. The term was originally used during the
transition into compliance from 1992 to 1995. Title II public entities were required to “transition” into
compliance during this timeframe. The transition plan outlines in detail the steps necessary to remove
structural barriers found in facilities to achieve program accessibility.
Public input is required, in accordance with the ADA. The methods for collecting public input may vary
depending upon the needs of each public entity. Methods may include a posting on the website asking for
input regarding the transition plan study and asking the public for comments regarding the study and other
areas. Other “opportunities for input” may include on‐line surveys, surveys, phone calls, email and in‐
person meetings. A council or board meeting is not required. The input collected is required to be saved and
incorporated into the ADA plan.
REQUIREMENTS OF A TRANSITION PLAN
There are four requirements in order to have valid transition plan. The four requirements that the transition
plan must have in accordance with Title II of the ADA are:
1. Identification of the noncompliant finding or barrier
2. The proposed method or methods to remove the barrier
3. The projected schedule for barrier removal
4. The identification of the designated person or persons to oversee and implement the plan (this is
usually the ADA Coordinator)
It is important that the noncompliant findings in the transition plan (barrier removal plan) contain detailed,
as‐is findings. The actual findings allow the public entity to make informed decisions regarding the severity
of the noncompliance and to determine the priority of the barrier. The use of “yes” and “no” findings and
checklists do not allow for informed decisions. For example, if a finding is that the restroom is not accessible,
it is important to know what is not accessible. Is the noncompliant finding due to the door, clear floor space
or the height of the paper towel dispenser? Another example is that of parking. Whether the width of the
parking is 107 1/2 (1/2 inch short of the required width) or 99 inches makes a big difference when assigning
priorities in the transition plan. Thus it is important to collect inspection data that provides the as‐is
condition.
AREAS TO BE INCLUDED IN A TRANSITION PLAN
All areas should be included in the transition plan and would include facilities, parks, recreational facilities,
buildings owned by the public entity and public rights‐of‐way. Due to litigation several years ago, inclusion
of the public rights‐of‐way into the transition plan became a requirement Thus, a detailed analysis of
sidewalks, intersections, bus shelters, street furniture and other public rights‐of‐way (PROW) items and
elements are required to be included in the transition plan.
TEN (10) IMPORTANT STEPS FOR COMPLIANCE
1. Identify or appoint an ADA Coordinator
2. Post the identity of the ADA Coordinator on the agency website, at locations and in publications
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3. Find out if your agency has completed and ADA self‐Evaluation and transition plan
4. Make sure your Self‐Evaluation and Transition Plan includes all areas required (including public rights‐of
way, such as sidewalks, curb ramps, intersections, bus stops, street furniture)
5. Review a copy of the transition plan to see if it meets the minimum requirements
6. Provide training to the ADA Coordinator and administrative staff
7. Provide specific training to maintenance, operations and facilities regarding the requirements of the
ADA and Title 24 of the California Building Code. Training, over time, will be proactive and will build
the internal oversight and improve compliance.
8. Incorporate ongoing compliance with the day‐to‐day activities and planning, such as product
specifications and purchasing, work orders, repairs and maintenance. Heavy door pressures can be
noted and incorporated into regularly scheduled maintenance. Many items can be incorporated
into a safety check to remove low cost barriers on a regular basis.
9. Increase your “accessibility awareness” by thinking about accessibility and heightening your
awareness by analyzing how you would operate a control with a closed fist and how you would open
a door with round door handles. Be observant of blocked paths of travel, protruding objects and
tripping hazards.
10. Document your compliance efforts
WHY A SELF‐EVALUATION AND TRANSITION PLAN
An ADA self‐evaluation and transition plan is needed for many reasons:
Without the required ADA self‐evaluation and transition plan, the public entity would not have met
the requirement under Title II of the ADA
The public entity is a recipient of federal and state funds
Lack of the required self‐evaluation may jeopardize funding
Lack of a plan places the public entity in a harder to defend position
The public entity is more likely to be a target for litigation
Violation of not having the required ADA self‐evaluation and transition plan may impact self‐
insurance coverage
NOTICE OF THE ADA COORDINATOR
Federal regulations require public entities to make available to interested persons the name, office address
and telephone number of the ADA coordinator (28 CFR §35.107(a)).
In addition, Section 35.106 requires a public entity to disseminate sufficient information to applicants,
participants, beneficiaries and other interested persons to inform them of the rights and protections
afforded by the ADA. Furthermore, in providing for notice, the public agency must comply with the
requirements for effective communication in Section 35.160.
Designating an ADA Coordinator
If a public entity has 50 or more employees, it is required to designate at least one responsible employee to
coordinate ADA compliance. A public entity may elect to have more than one ADA Coordinator. Although
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the law does not refer to this person as an “ADA Coordinator,” this term is commonly used in local
governments across the country.
The ADA Coordinator is responsible for coordinating the efforts of the public entity to comply with Title II
and investigating any complaints that the entity has violated Title II. The name, office address, and telephone
number of the ADA Coordinator must be provided to interested persons.
Notice of ADA Provisions
The second administrative requirement is providing public notice about the ADA. The ADA notice
requirement applies to all state and local governments covered by Title II, even localities with fewer than
50 employees.
1. What information should the notice include?
The notice is required to include relevant information regarding Title II of the ADA, and how it
applies to the programs, services, and activities of the public entity.
An effective notice states the basics of what the ADA requires of the state or local government
without being too lengthy, legalistic, or complicated. It should include the name and contact
information of the ADA Coordinator. The contact information should include a phone number, a fax
number, physical address and email address. The more information and methods to contact the
ADA Coordinator will allow for greater accessibility to the ADA Coordinator.
The Department of Justice model for “Notice under the Americans with Disabilities Act” is a one
page document in a standard font, and includes brief statements about:
Employment
Effective communication
Making reasonable modifications to policies and programs
Not placing surcharges on modifications or auxiliary aids and services
Filing complaints.
2. How and where should the notice be provided?
It is the obligation of the head of the public entity to determine the most effective way of providing
notice to the public about their rights and the public entity’s responsibilities under the ADA.
Publishing and publicizing the ADA notice is not a one‐time requirement. State and local
governments should provide the information on an ongoing basis, whenever necessary. If you use
postings in conspicuous locations, the newspaper, publications or mailings, re‐publish and re‐post
the notice periodically.
3. Some Ways to Provide Notice to Interested Persons
The Department of Justice recommends the following methods to provide notice:
Include the notice with job applications
Publish the notice periodically in local newspapers
Broadcast the notice in public service announcements on local radio and television stations
Publish the notice on the government entity’s website (ensure that the website is accessible)
Post the notice at all facilities
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Include the notice in program handbooks
Include the notice in activity schedules
Announce the notice at meetings of programs, services, and activities
Publish the notice as a legal notice in local newspapers
Post the notice in bus shelters or other public transit stops
The information must be presented so that it is accessible to all. Therefore, it must be available in alternative
formats.
Examples of Alternative Formats
Audio tape or other recordings
Radio announcements
Large print notice
Braille notice
Use of a qualified sign language interpreter at meetings
Open or closed‐captioned public service announcements on television
ASCII, HTML, or word processing format on a computer CD
HTML format on an accessible website
Advertisements in publications with large print versions
ACCEPTABLE TERMINOLOGY AND EXPRESSIONS
One method to enhance your ADA compliance is to review your documents and publications for acceptable
terminology. It is also important to include acceptable terminology in your staff development activities
throughout your entity to ensure that acceptable terminology is integrated into all areas, divisions and
departments.
Some recommendations include:
Put the person before the disability. For example, use "people with disabilities" as opposed to
"disabled people" or "the disabled."
Do not use phrases such as "confined to a wheelchair," "crippled," "afflicted," "victim of" or "suffers
from a disorder." These references diminish the individual’s dignity and magnify the disability.
Instead, refer to "the person who uses a wheelchair" or "the person with an emotional disorder."
Avoid using trendy euphemisms to describe people with disabilities. Expressions such as "physically
challenged," "special" and "handi‐capable" generally are regarded by the disability community as
patronizing and inaccurate. Stick with simple language, such as "people with disabilities" or "the
person who is deaf."
Deaf refers to profound hearing loss. "Hard of hearing" may be used to describe any degree of
hearing loss, from slight to profound. Avoid using "hearing impaired."
Impairment is used to characterize a physical, mental or physiological loss, abnormality or injury
that causes a limitation in one or more major life functions. For example, "The loss of her right arm
was only a slight impairment to her ability to drive."
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Disability refers to a functional limitation that affects an individual’s ability to perform certain
functions. For example, it is correct to say, "Despite his disability, he still was able to maintain
employment."
Handicap describes a barrier or problem created by society or the environment. For example, "The
teacher’s negative attitude was a handicap to her." Or, "The stairs leading to the stage were a
handicap to him."
Blind most frequently is used to describe a severe vision loss. Either blind or low vision is an
acceptable term to describe all degrees of vision loss.
Developmental disability is any severe mental and/or physical disorder that began before age 22
and continues indefinitely. Individuals with mental retardation, autism, cerebral palsy, epilepsy and
other similar long‐term disability may be considered to have developmental disabilities.
Mental illness is a term describing many forms of illnesses such as schizophrenia, depression and
emotional disorders. Use "person with a mental disability" rather than referring to an individual as
"deranged" or "deviant." Clinical terms such as "neurotic" and "psychotic" should be used only for
clinical writing. Other terms such as "demented," "insane," "abnormal," "deranged" and "mad"
often are used incorrectly and should be avoided.
TOLERANCES
A common misperception is that accessible items and elements that are constructed can have a “tolerance”
applied that allows for deviations from the code. Deviations from code should not be an excuse for poor
construction, especially in new construction.
The ADA Standards have “ranges” built into the code for acceptable and compliant measures of deviation.
For example, handrails can be at a height of between 34 to 38 inches. In essence, this range is the tolerance
and does not extend beyond the 34‐38 inch range.
In a few cases that are applied only on a case‐by‐case basis, a deviation or tolerance may be applied in cases
where it is technically infeasible or may cause significant undue burden. The application of the concept of
technically infeasible is limited and should only be applied in very unique situations.
The Division of the State Architect has issued an Interpretive Regulation to clarify the limited circumstances
in which a deviation for the code may be acceptable.
It is important to note that potentially any deviation from the code may result in litigation. Cases of
deviations as small as ¼ inch have resulted in lawsuits.
Thus, it is important to build oversight measures into your organization and develop the internal capacity to
prevent situations of code deviations from happening when possible. Prevention, especially in this case, is
worth the effort.
PREVIOUS, CURRENT AND PLANNED COMPLIANCE ACTIVITIES
Documentation of previous, current and planned compliance activities is important. Developing a
comprehensive but realistic ADA implementation plan serves as a useful tool for the public entity. It is
recommended that the implementation plan be contained in an accessibility management software
program that allows for easy management of the plan, updates and documentation of the plan. The ADA
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implementation plan should include current and planned activities phased in over time. The implementation
plan should be based upon public input, the severity of the actual finding and prioritized findings. Previous
compliance activities should also be documented. If the public entity has gone above and beyond the
requirements and has provided extra compliance assistance or measures, they should also be documented
to show the commitment of the public entity for access by individuals with disabilities.
BARRIERS – PROGRAMMATIC OR PHYSICAL
Barriers for persons with disabilities are not only physical, but may be programmatic. In addition to a
physical or structural barrier, a policy or requirements of a program, for example, may be discriminatory or
potentially discriminatory.
A public entity may not adopt official policies that are discriminatory or engage in practices that are
discriminatory. This prohibition applies to policies that are explicitly exclusionary and to those which appear
to be neutral but have a discriminatory effect (28 CFR §35.130(b)(3)).
PROVIDING SERVICES FOR INDIVIDUALS WITH DISABILITIES
Some general guidelines for providing services include:
Do not assume that a person with a visible disability will need special assistance.
Do not assume that a person with no visible disability will not need an accommodation.
If you see that a person may need assistance, ask how you might be of help.
Always speak directly to the person you are helping, not to their companion, assistant or interpreter.
Be patient – relax and be prepared to spend a little extra time with communication and assistance.
Make reasonable modifications to policies, practices, and procedures when necessary, unless doing
so would fundamentally alter the nature of the service, program or activity being provided.
Install clear directional signage to make it easier for people with a variety of disabilities to navigate.
Signage with universal and easily recognizable symbols is readily available.
Provide assistive technologies that make it possible for users with disabilities to use materials and
participate in public programs.
Establish relationships with local agencies or service providers as a source of information about how
to provide appropriate services, and to develop a good system of information and referral for users.
Include people with disabilities in planning for and providing services appropriate to the needs of
their communities.
Never pet or talk to service animals when they are working.
If a person is deaf, be certain to have his or her attention before speaking to enable lip reading and
keep your face visible.
Offer to communicate in writing if needed.
If a person uses an interpreter, speak directly to the person not the interpreter.
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If a person is deaf, blind or deaf and blind, ask what will help you communicate. Many times the
person will explain what to do.
For a person with speech difficulties, never assume the person also has a developmental disability.
LEASED SITES
The ADA may place the legal obligation to remove barriers or provide auxiliary aids and services on the
landlord, the tenant or both. The landlord and the tenant may decide by terms in the lease who will actually
be responsible, but both may be legally responsible. In any case, the responsibility for compliance may exist
with the landlord, the tenant, or both the landlord and the tenant. As a Title II public entity you are held to
a higher standard and you have an obligation to ensure that your programs, services and activities are
accessible for persons with disabilities.
As a public entity, you may lease space to fulfill the needs of your programs, services or activities. Or, you
may lease space owned by you to outside individuals, firms, organizations or commercial businesses. In any
case, the leased space is required to be accessible.
One preventative way to avoid leasing space in a noncompliant facility is to conduct a pre‐lease inspection
of the potential location to determine if the site is accessible. Just because the potential landlord says the
site is accessible is not good enough and you may inherit some or all of the liability. If the landlord states in
the lease that they are responsible to comply with federal and state accessibility standards, it is important
to verify that the site is compliant prior to putting the lease on the agenda for approval or entering into the
lease. As a Title II public entity, you have a higher level of responsibility to ensure that your programs,
services and activities are accessible. On the other hand, it is also imperative that any space or sites that you
lease is accessible.
The development of a pre‐lease procedure, process or checklist will also assist in leasing accessible locations
from others. Internalizing the procedure and process across the public entity will help prevent leasing
nonaccessible locations and spaces.
MAINTENANCE OF ACCESSIBLE FEATURES
Accessible features must be maintained by the public entity in accordance with 35.133 of the ADA. For
example, striping at accessible parking spaces cannot become faded and worn. Elevators and lifts must be
maintained in working order. Other compliance areas also need to be maintained to avoid “administrative
failure.” An example of administrative failure might include the site administrator or staff allowing a garbage
dumpster to be “parked” in the accessible parking space and stating the reason it is allowed is because “we
don’t have any of those people” here.
SPECIAL EVENTS
Your event plans must comply with all city, county, state and federal disability access laws and regulations
applicable to your proposed event activities. All temporary venues, related structures, and outdoors sites
associated with your event need to be accessible to persons with disabilities. If an area is not accessible, an
alternate area must be provided with the same activities that are in the inaccessible areas. However, these
activities must not be offered only to patrons with disabilities.
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During the planning phase, it is important that you evaluate the unique components and activities
associated with your proposed event to develop plans to ensure your event complies with all accessibility
laws. The following guidelines have been established to help develop plans to make your event accessible
to the attendees, participants, and service providers that are part of your event.
ACCESSIBLE LOCATIONS FOR MEETINGS
One of the fundamental rights of citizens in this country is the opportunity to participate in government,
including participation in public meetings. Both state and federal laws guarantee this right. California
Government Code Section 11135 and the Americans with Disabilities Act (ADA) require that an individual
with a disability not be denied the opportunity to participate in any government program, service or activity
because a public entity's facilities are inaccessible. The Bagley Keene Open Meeting Act and the Brown Act,
as amended by AB 3035, specifically require that a public entity ensure that individuals with disabilities are
not denied physical or communication access to public meetings. Furthermore, a public entity must ensure
that its communication with members of the public with disabilities is as effective as its communication with
others.
When planning public meetings, public entities must assure that the meetings are accessible to members of
the public who have a disability. Accessible public meetings require not only physical access to the meeting
facility, but access to the information communicated through the meeting. This information bulletin is
designed to identify the primary areas of concern related to public meetings, responsibilities of the meeting
planner, and alternatives for providing solutions.
Selecting An Accessible Meeting Location
All public meetings must take place in locations that are accessible to persons with disabilities. All parts of
the building do not need to be accessible but the parking (if provided), the path of travel into and through
the facility, the meeting area, and the restrooms must be.
Public Meeting Notices
The Department of Justice encourages the use of a simple, uncluttered page design for written meeting
announcements. It is recommended that the font be clear and simple such as Arial or Courier and be in a
contrasting color to the paper to increase its legibility for readers with low vision. Be aware that some
software programs may not allow people using assistive devices such as screen readers to read a document.
Be prepared to design forms that can be made accessible or post or have available a word version of the
agenda, if needed for an accommodation. Include the name and telephone number of the contact person
and timelines for requesting accommodations needed as well as a TTY number that can be used by
individuals with hearing impairments. The following is a sample notice:
“If any accommodations are needed, please contact (individual’s name) at (telephone number
and TTY). Requests should be made as soon as possible but at least (time frame) prior to the
scheduled meeting.”
Designate an individual to be responsible for ensuring the meeting notice and other written materials
contain the proper information for requesting accommodations and for processing the requests when they
are received.
Alternative Formats
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Written materials that are distributed to members of the public, such as the agenda and other materials
distributed at a public meeting are subject to the requirement of that communication be equally effective
for persons with disabilities. (U.S. Department of Justice, ADA, Title II Technical Assistance Manual (TAM)
§7.1000). Thus, upon receipt of a specific request, a public entity that provides information in written form
must make that information available to individuals in a form that is usable by them. (TAM) §7.1000). Such
alternative formats may include computer cd, audiotape, large print, or Braille. The type of format necessary
to ensure effective communication will vary with the individual's needs and the length and complexity of
the communication involved.
According to the Department of Justice, the public entity should provide an opportunity for individuals with
disabilities to request the alternative format of their choice. An interactive discussion with the individual is
encouraged when clarification regarding the type of alternative format to be provided is needed. This
discussion may result in identifying practical options for the public entity that are also suited to meet the
requestor's needs. According to the U.S. Department of Justice, the expressed choice of the individual with
a disability must be given primary consideration unless the public entity can demonstrate that another
effective means of communication exists.
Although providing documents in alternative formats may result in some additional cost, a public entity may
not place a surcharge on individuals with disabilities to cover these expenses. If a document is available to
the public free of charge, it must also be available in an alternative format free of charge. If a fee is charged
for documents provided to the general public, this fee must be the same for those documents when
provided in alternative format.
Auxiliary Aids and Services
Upon receipt of a specific request, it may be necessary to provide auxiliary aids and services to individuals
with disabilities to allow full participation in the public meeting. These include, but are not limited to:
Sign language interpreters ‐ A qualified interpreter is an individual who is able to interpret
effectively, accurately and impartially, both receptively and expressively, using any specialized
vocabulary that may be necessary.
Audio tapes ‐ Providing materials in a recorded audio format is a method of making information
accessible to persons who have visual, learning, and physical disabilities. Audio material is
commonly recorded on cassette tapes, but it may also be stored on CD‐ROM.
Real‐time transcription ‐ A method to make information available to hearing impaired persons by
which the verbal input from the meeting is directed to a computer which displays a running
transcript, with the actual words, much like closed‐captioning on a television.
Assistive listening devices (ALD) ‐ A communication system that enables hard‐of‐hearing people to
better comprehend speech or music. The four main types of ALDs are: Acoustic, Frequency
Modulated, Induction (Loop) and Infrared.
Open or closed captioning and caption decoders for videos ‐ Open captions are captions that have
been decoded, so they are part of the television picture, like subtitles in a movie. Open captions
cannot be turned off. Closed captions are captions that are hidden in the video signal, invisible
without a special decoder to decipher them.
Meeting Rooms
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Arrange all meeting rooms with consideration for persons with disabilities. All public meeting space should
be wheelchair accessible. This area should include integrated wheelchair seating, turning room, and aisle
space (Title 24,CCR §1118B).
VOTING
Many public entities provide locations for voting. Along with ensuring accessible parking and path of travel
to the polling area, elections officials may wish to consider additional means of accommodation inside the
voting area to enhance accessibility for elderly voters and voters with disabilities. Potential accommodations
inside the voting area on Election Day that elections officials may want to consider include:
The complete guideline document produced by the California Secretary of State may be found at
http://www.sos.ca.gov/elections/polling‐place‐accessibility/guidelines/entire‐guidelines‐final‐march‐
2010.pdf
CONSTRUCTION AND REMODELING
The ADA Compliance Resource Manual does not contain all of the specific ADA 2010 accessibility standards
and California Building Code Standards, but provides an overall framework of some of the requirements.
Refer to the specific links provided for the Access Board, Department of Justice and the Division of State
Architect for more specific requirements.
What are the Requirements for New Construction?
All newly constructed places of public accommodation and commercial facilities must be accessible to
people with disabilities to the extent that it is not structurally impractical. The new construction
requirements apply to any facility occupied after January 26, 1993, for which the last application for a
building permit or permit extension is certified as complete after January 26, 1992. New construction should
meet the accessibility requirements. In reality, however, some new construction is not compliant. It is
important to remember that just because it is new construction does not guarantee that it is compliant.
Sometimes architectural plans are not compliant, or the plans are compliant and they are not built according
to the plan or items are missed by the inspector of record.
Structurally impractical is only considered in rare instances where the unique features of the terrain or other
factors such as environmental issues prevent the use of accessibility features. The 2010 ADA Standards can
be found on the Department of Justice website.
What About Alterations?
Alterations made after January 26, 1992 in existing places of public accommodation and commercial
facilities must be accessible to the maximum extent possible. Here again, the architectural standards for
accessibility in alterations are contained in the ADA Standards.
An alteration is a change that affects the use of a facility. For example, if during the course of the remodeling
of an entrance, a new doorway is added, the new doorway must meet the current ADA standards and state
standards.
When alterations are made in the primary function area, such as the lobby an accessible path of travel to
the altered areas, and the bathrooms, telephones and drinking fountains serving that area, must be made
accessible to the extent that the accessibility costs are not disproportionate to the overall costs of the
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original alteration. If the added costs exceed 20 percent of the original alteration, they are considered
disproportionate.
Alteration to windows, hardware, controls, electrical outlets and signs in primary function areas may not
trigger the need for an accessible path of travel.
Assistive Listening
The terms assistive device or assistive technology can refer to any device that helps a person with hearing
loss or a voice, speech, or language disorder to communicate. These terms often refer to devices that help
a person to hear and understand what is being said more clearly or to express thoughts more easily. With
the development of digital and wireless technologies, more and more devices are becoming available to
help people with hearing, voice, speech, and language disorders communicate more meaningfully and
participate more fully in their daily lives.
Assistive Listening Systems are required in each assembly area where audible communication is integral to
the use of the space. The only exception is where audio amplification is not provided.
Types of Assistive Listening Devices:
Personal Amplifiers: Amplifies one‐on‐one or small group conversations. Good solutions for people that
need some amplification but are not able or do not wish to pursue hearing aids. Some systems can be used
in conjunction with hearing aids to enhance listening in more problematic environments, such as in the
presence of noise or at a distance from a speaker. These systems are typically Hard Wired Systems ‐ this is
where a microphone is attached by a thin cable to the receiver, typically headphones. This can be useful for
one‐on‐one conversation at short distances. It can be used for improved listening of the television, radio,
CD players, MP3 player, etc. There is limited mobility as you have to be within the length of the cable to
what you are attempting to listen to. Wireless FM Systems
Wireless FM System: A wireless system where the signal is transmitted from the person speaking to the
individual by an FM radio signal. The receiver can be a body worn device with headphones. The signal can
also be sent directly to the individual’s behind‐the‐ear hearing aids with a small receiver “booted” directly
to the hearing aid. An in‐the‐ear hearing aid may be coupled with an FM system via the hearing aid’s telecoil.
This system is often used in classrooms for the hearing impaired and can be used at meetings, lectures and
sermons. This system is ideal for overcoming distance and background noise and is a great solution for those
where these types of environments are very problematic.
Induction Loops or neckloops: An electromagnetic field is produced and it is picked up by a special receiver.
The receiver could be headphones or the listener's hearing aid. The individual’s hearing aid must be
equipped with a manual telecoil to communicate with a loop system. Audiologists can assist the individual
in setting up the telecoil function on their hearing aid. Larger loops can be wired into meeting rooms or
theatres. Small neckloops can be worn around the neck and plugged into an audio device such as a cell
phone, amplified listener, computer, MP3 player, etc. A Bluetooth™ neckloop connects almost any
Bluetooth™ device wirelessly with your hearing aids via the hearing aid’s telecoil. This device would allow
Audiologists to set up the person’s hearing aid to communicate with any Bluetooth™ enabled device such
as cell phone, laptop, MP3 player, etc.
Infrared systems: These systems use infrared light to transmit sound. A transmitter converts sound into a
light signal and beams it to a receiver that is worn by a listener. The receiver decodes the infrared signal
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back to sound. As with FM systems, people whose hearing aids or cochlear implants have a telecoil may also
wear a neckloop or silhouette inductor to convert the infrared signal into a magnetic signal, which can be
picked up through their telecoil. Unlike induction loop or FM systems, the infrared signal cannot pass
through walls, making it particularly useful in courtrooms, where confidential information is often discussed,
and in buildings where competing signals can be a problem, such as classrooms or movie theaters. However,
infrared systems cannot be used in environments with too many competing light sources, such as outdoors
or in strongly lit rooms.
AUXILIARY AIDS AND SERVICES
Auxiliary Aides include qualified interpreters, note takers, computer‐aided transcription services, written
materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications
devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered
materials available to individuals with hearing impairments. Additional auxiliary aides include qualified
readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods of
making visually delivered materials available to individuals with visual impairments. The number of Auxiliary
Aides is vast. To ensure you are providing the appropriate aid have a procedure in place for people to request
such services.
GRIEVANCE COMPLIANT POLICIES AND PROCEDURES
Establishing and Publishing Grievance Procedures
Local governments with 50 or more employees are required to adopt and publish procedures for resolving
grievances arising under Title II of the ADA. Grievance procedures set out a system for resolving complaints
of disability discrimination in a prompt and fair manner.
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 in
Appendix A.
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
A statement of how long complaint files will be retained
Once a public entity 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.
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If a person with a disability has a complaint about a public entity, she or he is not required to file a complaint
with the public entity before filing a complaint with the federal government. However, it is often more
efficient to resolve local problems at a local level.
INDIVIDUALS WITH DISABILITIES PARTICIPATION
Individuals with disabilities may require some additional accommodations when participating in an event.
This could be as little as moving some items in the space or moving the meeting/event to an accessible area.
Making your event accessible to people with disabilities is an important factor when planning an event. This
will allow more participation and allow their opinions to be expressed. In order to make your meeting/event
accessible please see: http://www.ada.gov/racheck.pdf for a complete checklist of things to look for.
USE OF FACILITIES BY ORGANIZATIONS AND INDIVIDUALS
It is in best practice when holding a meeting in a public facility to make certain that you are within the ADA
Standards. This includes but is not limited to: making certain that tables, chairs, etc. are not in the primary
path of travel; there are the appropriate number of accessible parking spaces; confirming that all features
are accessible. These are just a few examples. For additional requirements please visit http://www.access‐
board.gov/attachments/article/412/ada‐aba.pdf
REASONABLE ACCOMMODATIONS
People with disabilities will sometimes need some additional accommodations in order to participate in the
activity or event fully. Some of these items include but are not limited to: Interpreter services, alternate
document formats, audio of presentations, personal amplifiers and large print documents. Additional
reasonable accommodations include temporary accessible parking, accessible lodging accommodations
and making certain that all paths of travel to the event are accessible. These are just a few examples and
are not intended to be considered a complete list.
STATEMENT OF ACCOMMODATIONS
Public notices regarding meetings and other methods for input should have a statement of accommodations
that includes who to contact for an accommodation. A TTY/TDD number should also be included. Meetings
and videos should be captioned. The methods for submitting information should also be expanded to
include a method for online input in addition to appearing in person and submitting written comments.
Examples of Statements of Accommodations
Pursuant to the Americans with Disabilities Act, persons with a disability who require a
disability‐related modification or accommodation in order to participate in a meeting,
including auxiliary aids or services, may request such modification or accommodation from
the city clerk at (xxx) xxx‐xxx.or TTY at (xxx) xxx‐xxxx. Notification 48 hours prior to the
meeting or event will enable the city to make reasonable arrangements to assure
accessibility to the meeting or event. Individuals who need auxiliary aids and or services for
effective communication or to participate in programs and services of the city are invited to
make their needs and preferences known to the ADA Coordinator or the alternate contact
person. This notice is available in accessible alternate formats from the ADA Coordinator.
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Accommodations for Persons with Disabilities. Any person may make a request for a
disability‐related modification or accommodation needed for that person to be able to
participate in the public meeting by telephoning xxxxx xxxxx, county secretary at (xxx) xxx‐
xxxx, or writing to the county at 1234 Main Street, Anytown, CA, 91234. Requests must
specify the nature of the disability and the type of accommodation requested. A telephone
number or other contact information should be included so that county staff may discuss
appropriate arrangements. Persons requesting a disability‐related accommodation should
make the request with adequate time before the meeting for the county to provide the
requested accommodation.
Pursuant to the Americans with Disabilities Act, persons with a disability who require a
disability‐related modification or accommodation in order to participate in a meeting,
including auxiliary aids or services, may request such modification or accommodation from
the county secretary at (xxx) xxx‐xxxx by e‐mail at [email protected] by TTY at (xxx) xxx‐xxxx.
Notification 24 hours prior to the meeting will enable county staff to make reasonable
arrangements to assure accessibility to the meeting.
EFFECTIVE COMMUNICATION
Under Title II of the ADA, all state and local governments are required to take steps to ensure that their
communications with people with disabilities are as effective as communications with others. This
requirement is referred to as “effective communication” and it is required except where a state or local
government can show that providing effective communication would fundamentally alter the nature of the
service or program in question or would result in an undue financial and administrative burden. The effective
communication requirement applies to ALL members of the public with disabilities, including job applicants,
program participants, and even people who simply contact state or local government agencies seeking
information about programs, services, or activities. To communicate effectively many utilize using auxiliary
aids which assists people with disabilities to communicate and participate in discussions.
ALTERNATE AND ACCESSIBLE FORMATS
Under the ADA Standards people with disabilities are permitted to request alternate formats of
documentation or presentations. Alternate formats include but are not limited to: assistance from an
interpreter, documents provided in Braille or another language, documents to be printed in large print,
subtitles provided for videos that have audio and audio of documents. There are many alternate formats
available and it is best to have a procedure in place so that people can request these types of services.
ACCESSIBLE WEBSITES
Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d) requires the federal government to ensure
that the electronic and information technology that it develops, procures, maintains, or uses is accessible
to persons with disabilities. Section 508 also directs the Attorney General to submit reports to the President
and Congress on the state of federal agencies' compliance with the Act's requirements. In preparation for
its report, the Department of Justice conducts a survey of federal agencies to obtain information on the
state of compliance with Section 508, including the Section 508 Electronic and Information Technology
Accessibility Standards. Brief points for making a website accessible: Make certain that the text is a stark
contrast to the background of the document (Black on white, white on black, white on dark blue, etc.), Make
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sure that the font you are using is an accessible sans serif font (Veranda, Arial, Verdana, etc.) Please note
Times New Roman is NOT an accessible font.
Principles of Accessible Design
Below you will find a list of some key principles of accessible design. Most accessibility principles can be
implemented very easily and will not impact the overall "look and feel" of your web site.
Provide appropriate alternative text
Alternative text provides a textual alternative to non‐text content in web pages. It is especially
helpful for people who are blind and rely on a screen reader to have the content of the website read
to them.
Provide headers for data tables
Tables are used online for layout and to organize data. Tables that are used to organize tabular data
should have appropriate table headers. Data cells should be associated with their appropriate
headers, making it easier for screen reader users to navigate and understand the data table.
Ensure users can complete and submit all forms
Ensure that every form element (text field, checkbox, dropdown list, etc.) has a label and make sure
that label is associated to the correct form element. Also make sure the user can submit the form
and recover from any errors, such as the failure to fill in all required fields.
Ensure links make sense out of context
Every link should make sense if the link text is read by itself. Screen reader users may choose to read
only the links on a web page. Certain phrases like "click here" and "more" must be avoided.
Caption and/or provide transcripts for media
Videos and live audio must have captions and a transcript. With archived audio, a transcription may
be sufficient.
Ensure accessibility of non‐HTML content, including PDF files, Microsoft Word documents,
PowerPoint presentations and Adobe Flash content.
In addition to all of the other principles listed here, PDF documents and other non‐HTML content
must be as accessible as possible. If you cannot make it accessible, consider using HTML instead or,
at the very least, provide an accessible alternative. PDF documents should also include a series of
tags to make it more accessible. A tagged PDF file looks the same, but it is almost always more
accessible to a person using a screen reader.
Allow users to skip repetitive elements on the page
You should provide a method that allows users to skip navigation or other elements that repeat on
every page. This is usually accomplished by providing a "Skip to Content," "Skip to Main Content,"
or "Skip Navigation" link at the top of the page which jumps to the main content of the page.
Do not rely on color alone to convey meaning
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The use of color can enhance comprehension, but do not use color alone to convey information.
That information may not be available to a person who is colorblind and will be unavailable to screen
reader users.
Make sure content is clearly written and easy to read
There are many ways to make your content easier to understand. Write clearly, use clear fonts, and
use headings and lists appropriately.
Make JavaScript accessible
Ensure that JavaScript event handlers are device independent (e.g., they do not require the use of
a mouse) and make sure that your page does not rely on JavaScript to function.
Design to standards
HTML compliant and accessible pages are more robust and provide better search engine
optimization. Cascading Style Sheets (CSS) allow you to separate content from presentation. This
provides more flexibility and accessibility of your content.
This list does not present all accessibility issues, but by addressing these basic principles, you will ensure
greater accessibility of your web content to everyone.
VOLUNTEERS
Volunteers should be made aware of the federal and applicable state antidiscrimination laws and policies
which are required of the public entity for which they are a volunteer. It is important for the public entity of
incorporate the nondiscrimination requirements into the orientation process for volunteers. Volunteers in
the role as “employees” may make the public entity liable for discriminatory practices.
OTHER RESOURCES
There are many resources available to assist members to enhance their ADA compliance and to update and
maintain their ADA implementation plan. It is important to remember that the ADA plan is an ongoing, living
plan that also provides members with the opportunity to document their compliance efforts.
Access Board ‐ http://www.access‐board.gov/
Department of Justice ‐ http://www.justice.gov/
Information and Technical Assistance on the ADA ‐ http://www.ada.gov/
CA Civil Rights ‐ http://oag.ca.gov/civil
US Department of Transportation ‐ Civil Rights ‐ ADA ‐ http://www.fhwa.dot.gov/cadiv/other/ada.cfm
Department of Conservation – ADA ‐ http://www.conservation.ca.gov/Index/Pages/accessibility.aspx
CA General Services – ADA ‐ http://www.dgs.ca.gov/dsa/Programs/progAccess/adacert.aspx
Pacific ADA Center ‐ http://adapacific.org/
FACILITIES
California Building Code
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The California Building Code is the code by which all buildings in the State of California are required to
comply with. California's building codes (California Code of Regulations, Title 24) are published on a triennial
basis. The CBSC is responsible for the administration and implementation of each code cycle, which includes
the proposal, review and adoption processes. http://www.bsc.ca.gov/pubs/codeson.aspx
2010 Outdoor Developed and Recreations Standards
The Access Board recently added standards for all outdoor developed areas as well as recreational
standards. All ADAAG provisions apply to the design and construction of recreation facilities and elements.
Recreational facilities include but are not limited to: amusement parks, recreational boating facilities,
exercise machines and equipment, fishing piers and platforms, golf facilities, miniature golf facilities, play
areas, swimming pools, wading pools and spas and shooting facilities with firing positions.
Application of Applicable Standard – Federal and/or State
The ADA Standard serves as the baseline for compliance with federal accessibility laws. As stated in the ADA,
if a state requires a higher level of accessibility, then the standard that applies would be the state standard.
A state cannot provide a lesser standard than that required by the ADA.
An example would be the width requirement for an accessible path of travel in California. The CBC requires
a minimum width of 48 inches and the federal standard requires a minimum of 36 inches. Thus, the
minimum with of a path of travel in California would be 48 inches. In most cases, but not all, the California
Building Code exceeds the federal standard. In some cases, they are the same. It is sometimes stated that
there is a “conflict” in codes and they are “open to broad interpretation.” This is usually not the case.
Remodeling, Renovation and New Construction
Remodeling and renovation that are not considered maintenance items usually trigger the standards of new
construction. Technically new construction is defined federally as construction after July 26, 1992. It is
important to remember, however, that California had accessibility laws and requirement prior to 1992.
Federal Public Rights of Way Guidelines (PROWAG)
Sidewalks, street crossings, and other elements of the public rights‐of‐ways present unique challenges to
accessibility for which specific guidance is considered essential. The Access Board is developing new
guidelines for public rights‐of‐way that will address various issues, including access for blind pedestrians at
street crossings, wheelchair access to on‐street parking, and various constraints posed by space limitations,
roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks
and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other
components of public rights‐of‐way. http://www.access‐board.gov/attachments/article/743/nprm.pdf
Federal Highway Administration’s California Edition‐Manual on Uniform Traffic Control Devices (MUTCD)
The Manual on Uniform Traffic Control Devices or MUTCD defines the standards used by road managers
nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and
private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA)
under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.
The MUTCD, which has been administered by the FHWA since 1971, is a compilation of national standards
for all traffic control devices, including road markings, highway signs, and traffic signals. It is updated
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periodically to accommodate the nation's changing transportation needs and address new safety
technologies, traffic control tools and traffic management techniques.
http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf
IMPLEMENTING YOUR TRANSITION PLAN
An ADA transition plan is an ongoing, living document. As such, it is important to keep the plan current to
provide for a meaningful, realistic plan that can be implemented in a cost effective manner.
Tracking and monitoring your compliance is important for many reasons. A plan that is current provides
documentation of compliance efforts that may be important during litigation to demonstrate the
commitment to the ADA and efforts and expenditures for ongoing compliance. An updated transition plan
also assists with planning and budgeting. Furthermore, a plan can be utilized to schedule events in the most
accessible locations, such as voting and other programs sponsored by the public entity. Another important
component is to demonstrate that a budget has been committed to implement the barrier removal plan.
SAMPLE GRIEVANCE PROCEDURE
[Name of public entity]
Grievance Procedure under the Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of
1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis
of disability in the provision of services, activities, programs, or benefits by the [name of public entity]. The
[e.g. city, town, agency]'s personnel policy governs employment‐related complaints of disability
discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name,
address, phone number of complainant and location, date, and description of the problem. Alternative
means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made
available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later
than 60 calendar days after the alleged violation to:
[Insert ADA Coordinator’s name]
ADA Coordinator [and other title if appropriate]
[Insert ADA Coordinator’s mailing address]
Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or [his/her] designee
will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar
days of the meeting, [ADA Coordinator's name] or [his/her] designee will respond in writing, and where
appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The
response will explain the position of the [name of public entity] and offer options for substantive resolution
of the complaint.
If the response by [ADA Coordinator's name] or [his/her] designee does not satisfactorily resolve the issue,
the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of
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the response to the [city manager/administrator/other appropriate high‐level official] or [his/her]
designee.
Within 15 calendar days after receipt of the appeal, the [city manager/administrator/other appropriate
high‐level official] or [his/her] designee will meet with the complainant to discuss the complaint and
possible resolutions. Within 15 calendar days after the meeting, the [city manager/administrator/other
appropriate high‐level official] or [his/her] designee will respond in writing, and, where appropriate, in a
format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the [city
manager/administrator/other appropriate high‐level official] or [his/her] designee, and responses from
these two offices will be retained by the [public entity] for at least three years.