TBR Remediation Efforts

1. TBR Remediation Efforts PART ONE

2. Guide for Public Universities and Collegesfor spending grants and funding allocated for Compliance with Title l, II and III 2010 Standard (ADA ABA)

3. HISTORY GRANTS HAVE BEEN GIVEN TO THE STATES OVER THE YEARS SPECIFICALLY ALLOCATED FOR BRINGING SCHOOLS INTO COMPLIANCE WITH THE FEDERAL ADAAG

4. TENNESSEE BOARD OF REGENTS HAVE DIVIDED THESE FUNDS UP AMONG THE COLLEGES IN THE TBR SYSTEM FOR THE PURPOSE OF CORRECTING COMPLIANCE ISSUES ON THE TBR SYSTEM CAMPUSES

5. TO HELP GIVE DIRECTION TO THE FACILITIES COORDINATORS IN ESTABLISHING AN EFFECTIVE REMEDIATION PLAN THAT GETS THE MOST DONE FOR GRANT DOLLAR TBR HAS PDS AMERICA PERFORMING ACCESSIBILITY AUDITS AT ALL COMMUNITY COLLEGES IN THE TBR SYSTEM

6. FOCUS WILL BE ON MAIN CAMPUSES

7. AUDIT REPORTS TO GIVE FACILITIES PERSONNEL A GAME PLAN FOR SPENDING THE ALLOCATED GRANT MONIES.

8. Grants • Provided yearly if available (federal or state) • Correct problems in order of PRIORITY – TIMELINE • Keep working the recommended GAME PLAN until all work is done • May take 10 years

9. NO FUNDS?No remediation! • Rely on existing reasonable accommodation policies until funds are available again.

10. QUESTIONS ??????

11. Current Section of ADAAG that govern State Universities and Colleges

12. CODE NOTE REMEDIATION AUDITS WILL USE LANGUAGE IN 2010 STANDARD SPECIFICALLY FOR REMEDIATION PROJECTS BECAUSE THE NEW LAW SPELLS OUT SPECIFIC BREAKS AND SAFE HARBOR REQUIREMENTS FOR TITLE ll FACILITIES

13. Title I • Employees & Staff • Title II • Program Accessibility • Title III • Public Accomodations

14. Title IEmployees & Staff • Staff offices • Staff work areas • Staff lounges • Staff area toilets • Coaches locker rooms

15. Title IIProgram Accessibility • Primary Function • Classrooms • Labs • Art Rooms • Music Rooms • Locker Rooms • Support • Registration office • Student Center • Computer Labs

16. Title IIIPublic Accommodation • Campus Theatres • Sports Facilities • Libraries • (when open to public) • Planetarium • Walking Trails

18. Existing Facilities • 2010 Standards passed July 23,2010:  The ADA and ABA guidelines cover new construction and planned alterations and generally do not apply to existing facilities, except where altered With respect to ABA facilities, the Board has clarified in the guidelines that facilities built to earlier ABA standards are subject to the new requirements only in relation to planned alterations.

19. Title II requires programs, services or activities to be readily accessible when viewed in their entirety; it also allows publicly owned colleges and universities to make programs and activities available to HC students without extensive retrofitting of their existing buildings by offering programs through alternative methods. • This practice is commonly referred to as “reasonable accommodation”.

20. FACTOID: SCHOOLS DON’T HAVE TO BRING THEIR BUILDINGS INTO ADA COMPLIANCE, THEY JUST CAN’T OFFER PROGRAMS THAT ENROLL HC STUDENTS THERE.

21. Contradictory Rules?

23. Reasonable Accomodation Alternative Method Option ADAAG gives to colleges and universities under Title II.

24. Examples of Reasonable Accommodation • Move classroom to accessible building • Move class to main campus • Pay for transportation to another school • Provide special equipment • Move award program to gym floor when HC stage not available. • Provide shuttle from HC parking

25. Main Issue with Current Campuses

26. PREVIOUS REMEDIATION EFFORTS WERE DONE UNDER SCOPING FOR 28 CFR PART 36 AND NOT TITLE ll WHICH USES 28 CFR 35

27. 28 CFR 36 • Sec.36.304 Removal of barriers. • (a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

28. 28 CFR PART 35 • Consistent with section 204(b) of the Act, this regulation adopts the program accessibility concept found in the section 504 regulations for federally conducted programs or activities (e.g., 28 CFR Part 39).

29. The concept of "program accessibility" was first used in the section 504 regulation adopted by the Department of Health, Education, and Welfare for its federally assisted programs and activities in 1977. It allowed recipients to make their federally assisted programs and activities available to individuals with disabilities without extensive retrofitting of their existing buildings and facilities, by offering those programs through alternative methods.

30. Program accessibility has proven to be a useful approach and was adopted in the regulations issued for programs and activities conducted by Federal Executive agencies. The Act provides that the concept of program access will continue to apply with respect to facilities now in existence, because the cost of retrofitting existing facilities is often prohibitive.

31. Section 35.150 requires that each service, program, or activity conducted by a public entity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities.

32. Summary Section One • Most State Colleges receive Federal Dollars • Colleges Primarily Under Program Accessibility Rules of Title ll • Most colleges have buildings that existed prior to 1991 (First ADAAG passed) • Minimum requirements for program accessibility provided per Title ll • Many campuses and buildings do not meet minimum standards for Title ll

33. QUESTIONS ??????

35. PART TWO Campus Accessibility Guide

36. Campus ADA Audits • Provided by TBR • Provides system wide remediation strategy related to existing conditions at each facility. • Provides priority time line for spending grant funds

37. Campus Accessibility Guide PURPOSE Helps ADA committees and facilities personnel understand requirements of Title I, II, & III as they are related to their campus and also better understand the remediation steps and recommendations provided in Campus Audit Reports

38. Steps Toward a Smart Remediation Plan • Physical Site – Audit • Buildings built before 1991 • Buildings built 1991 to 2009

39. First priority, to make campusProgram Accessible Physical Site • Arrival Points • Bus Stops • HC Parking • Passenger Loading Zone • Accessible paths from arrival points to HC building entrances. • Connector paths between buildings

40. WAY FINDER MAPS

41. Accessible Path Components • HC Parking – slopes & signage • Accesible path – run slope & cross slope, plus surface • Ramps & curb ramps in path • Protruding objects • Compliant signage • Maintenance issues

42. Second Priority,Buildings built before 1991. Basic Program Accessibility Components • Accessible Entrance • Accessible Path in building • Compliant Drinking Fountains • Compliant toilets, each sex or one HC unisex toilet • One accessible classroom or lab of each type • Accessible staff offices or accessible meeting room

43. Types of Classrooms • General • Lecture Halls • Music Rooms • Art rooms (one of each type) • Labs (one of each type) • Computer Labs (where computer classes taught) • Specialty Rooms • Dressing rooms • Make up rooms • Lab prep rooms

45. Alterations/Additions • Not required under ADAAG on existing buildings, but when done – must meet requirements for new construction in CURRENT STANDARD

46. Example • Lab Renovation • Law says renovation must be on accessible path and toilet rooms and drinking fountains serving remodeled or new space must be accessible.

47. QUESTIONS ??????

48. PART THREE Current LAW And 2010 Standard

49. Currently TBR Uses:IBC 2006/ANSI 2003 AND 1991 ADAAG WHEN MORE STRINGENT

50. 2010 STANDARD