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Massachusetts ADA Standards
- ADA Coordinator: ABE programs must have an ADA Coordinator. The ADA Coordinator is responsible for ensuring that a program is in compliance with both the federal Americans with Disabilities Act and Massachusetts' ADA requirements. He/She is also responsible for duties including, but not limited to: answering ADA related questions; ensuring that persons with disabilities receive reasonable accommodations; investigating ADA related complaints and grievances; ensuring that program policies and practices are non-discriminatory; providing orientation for new staff and ADA related training at least annually for all staff; developing a system that ensures all confidential information is secured in locked files; and verifying and documenting that the program is accessible and usable.
- Public Notice: ABE programs must establish and post a public notice that a) informs students and the general public that all programs and activities are provided without regard to disability, and b) provides the names(s), address(es) and telephone number(s) of the ADA Coordinator(s) responsible for Title II and Title III of the ADA. The public notice is available in 14 languages on the ACLS website at http://www.doe.mass.edu/acls/disability/default.html. The public notice is available in Braille by request from ACLS. It is recommended that the public notice be posted in at least three of the languages most widely spoken by the student body.
- Grievance Procedure: ABE programs must establish and publish a written grievance procedure. The grievance procedure should provide a mechanism for staff and students to address issues of non-compliance with state and federal laws relating to discrimination and equal access. The grievance procedure must include the ADA Coordinator's name, office address, telephone number, and hours available. An email address is not required by law, but is strongly recommended. A model grievance procedure is available in 14 languages on the ACLS website at http://www.doe.mass.edu/acls/disability/default.html. The grievance procedure is available in Braille by request from ACLS. It is recommended that the grievance procedure be posted in at least three of the languages most widely spoken by the student body.
- Self-Evaluation: ABE programs must conduct a one-time self-evaluation to ensure the program's policies are non-discriminatory and the facility is accessible. Use of the self-evaluation helps to ensure that a program is in compliance with federal laws regarding disability access. The original must be submitted to the ACLS and a copy must be kept on file at the program site. If a program moves to another facility, a new self-evaluation must be completed and submitted no later than 30 business days after relocation to the new facility. The guidelines for self-evaluation can be accessed for free from the University of Kansas Institute for Adult Studies. The self-evaluation is part of the Accommodating Adults with Disabilities in Adult Education Programs manual. It can be found at http://das.kucrl.org/AccommodationsNotebook.shtml or
http://www.ada.gov/racheck.pdf. It is recommended that programs conduct a self-evaluation prior to each new five-year funding cycle.
- Transition Plan: ABE programs must be barrier free. All physical barriers must be reported to the ACLS Program Specialist within 48 hours of identification of the barrier and a transition plan for barrier removal must be developed and submitted within 30 business days. The transition plan must include a detailed description of any barrier(s) that exist, a description of what is being done to remove the barrier(s), and a target date for completion of the corrective action(s). For multi-step barrier removal activities, a list of the steps to be taken and a comprehensive timeline must be included. ACLS requires quarterly updates on transition plans that include barrier removal work.
- Letter of Commitment: ABE programs must submit a letter each year indicating support of and commitment to compliance with the Section 504 and the ADA. The organization's chief executive officer (CEO) or program director must sign the letter. A sample letter of commitment can be found on the ACLS website at http://www.doe.mass.edu/acls/disability/default.html.
- Training for Staff: The ABE program's ADA Coordinator must conduct a needs assessment of the program's staff training needs related to Section 504, the ADA, and disabilities. Based on this assessment, the ADA Coordinator must provide opportunities for program staff to receive education and training on the requirements of federal law and disability related topics.
- Involvement of Persons with Disabilities: ABE programs must facilitate involvement of persons with disabilities in their programs. Some examples of this involvement include engaging persons with disabilities in student committees and as volunteers, trainers, guest speakers, and board members. One way of doing this is by inviting all of the student body, particularly students with disabilities, to be part of committees. The ADA Coordinator and staff should actively recruit students with disabilities to participate in the student advisory council, committees, boards, community planning partnerships, and other activities.
- Teletypewriter (TTY) Telephone for Deaf and Hard of Hearing: ABE programs must be prepared to accommodate Deaf, hard of hearing, and speech impaired persons through the provision of text telephone (TTY) and telephone relay service that is accessible to students, staff, and visitors. Every ABE program must have a TTY telephone and post a sign indicating its location for students, staff, and the public to view. All ABE programs must include the TTY number on their stationery and brochures. ABE programs must have at least one individual trained to use the TTY and the telephone relay service during both day and evening operational hours. It is recommended that more than one staff member should be trained to use the TTY and the telephone relay service. ABE staff can be trained by the Massachusetts Commission for the Deaf and Hard of Hearing. For TTY and relay telephone service training, call 617-740-1668. There is no cost for this training. The ADA Coordinator must annually submit the names of staff with the date(s) they were trained to use the TTY and telephone relay service, and by whom. The telephone relay service is free.
- ADA Coordinator Professional Development: ADA Coordinators must attend at least one Section 504/ADA training each year. It is strongly recommended that the ADA Coordinator complete six hours of disability related professional development each year. A new ADA Coordinator, defined as an individual with less than one year of experience in the position, should complete a five-hour Section 504/ADA overview orientation. It is strongly recommended that a new ADA Coordinator continue to expand his/her working knowledge of the law by attending SABES workshops, ADARN sharing groups, and other disability related workshops and conferences.
last updated: September 16, 2008
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