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17 Cards in this Set

  • Front
  • Back
Americans with Disabilities Act: Title II
State and local governments must address:
- "Equal Opportunity"
- "Integrated Problems"
- "Program Accessibility"

Complaints for Title II violation: Department of Justice
Americans with Disabilities Act, Title II: Equal Opportunity
Must have an equally effective opportunity to participate in or benefit from programs, services, and activities
Americans with Disabilities Act, Title II: Integrated Problems
"Cannot" be "excluded" from "regular programs" or "required to accept accommodations".

"May offer" "separate or special" "programs" "when necessary" to "provide" people with disabilities an "equal opportunity" to "benefit from" the "programs"
Americans with Disabilities Act, Title II: Program Accessibility
Services, programs, or activities must be accessible to and usable by people with disabilities when "viewed in their entirety"

"Every" building "need not be" made "accessible"

"Required" "even if" people with "disabilities" "not known"

Benefits "cannot be denied" if "facilities are inaccessible"
Methods to achieve program accessibility
"Acquisition" and "redesign" of "equipment"

"Assignment" of "aides" to "beneficiaries"

"Relocate" to "alternate", "accessible" location

"Structural", "architectural" changes

"Integrated" settings
Limitations on program accessibility
Fundamentally alters program

All resources must be considered
Architectural Access provisions
Existing facilities -- program access

New constructions -- "Readily accessible to and usable by"

Alterations- altered area must be "readily accessible and usable by"

Curb ramps
Effective Communication
Consideration is given to the specific needs of the individual with the disability
Americans with Disabilities Act: Title III
Public Accommodations
Americans with Disabilities Act: Title III
"Equal Access"
"Auxiliary Aids & Services"
"Readily Achievable"
"Alterations"
"New Construction"
Americans with Disabilities Act, Title III: Exemptions
Private clubs
Religious entities
Americans with Disabilities Act, Title III: Auxiliary Aids and Services
Must be "provided" if necessary to "avoid segregating" or "excluding" "unless" doing so would "fundamentally alter" or be "undue burden"
Americans with Disabilities Act, Title III: Architectural Access
"Existing Facilities"
"Alterations"
"New Construction"
Americans with Disabilities Act, Title III: Existing Facilities
Readily achievable
- Accomplished easy, and without much difficulty and expense

Alternative Methods
- If barrier removal is not required, services must be made readily available through alternative methods
Americans with Disabilities Act, Title III: Alterations
Altered areas affecting the usability of the area must be made "readily accessible to and useable by" people with disabilities to the maximum extent possible

Exception: nature of facility makes accessible renovation impossible
Americans with Disabilities Act, Title III: New Construction
Must be "readily accessible to" and "useable b"y people with disabilities by being in "full compliance" with "DOJ" and "ADAAG" regulations
Americans with Disabilities Act, Title III: Enforcement
Complaint with "DOJ"

Private "Lawsuit"

Alternative "dispute resolution"