USD 247 Southeast

 

ADA Self-Evaluation and Transition Plan Supplemental Update

 

in compliance with

 

Americans with Disabilities

Act of 1990

 

Revised for 2013-2014

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

TABLE OF CONTENTS …………………………………………………………………………………………………………… 2

Introduction ………………………………………………………………………………………………………………………. 4

General Procedures…………………………………………………………………………………………………………… 5

Providing Notification …………………………………………………………………………………………………………. 5

Complaint Process ……………………………………………………………………………………………………………… 6

Policy Statement and Practices ……………………………………………………………………………………………. 7

Use of Contractors ……………………………………………………………………………………………………………… 8

Accessibility of Facilities and Programs …………………………………………………………………………………. 8

Transportation …………………………………………………………………………………………………………………. 10

Decisions about Undue Financial and Administrative Burdens ……………………………………………….. 10

Telephone Communications ………………………………………………………………………………………………. 11

Documents and Publications ……………………………………………………………………………………………… 12

Interpreters, Assisted-Listening Devices, and Other Auxiliary Aids ………………………………………….. 13

Emergency Evacuation……………………………………………………………………………………………………… 13

Equipment Acquisition/Adaptation …………………………………………………………………………………….. 14

Employment ……………………………………………………………………………………………………………………. 14

Appendix A – Information in Alternative Format ………………………………………………………………….. 19

ADA Plan 2012-13 Update 3 Appendix B – Affirmative Action……………………………………………………… 21

Appendix C – The ADA Team Members ………………………………………………………………………………. 23

Appendix D – Patron/Parent Grievances ……………………………………………………………………………….. 24

Appendix E – Statement of Non-Discrimination …………………………………………………………………….. 25

Appendix F – Contractor/Professional Services Agreement Language ………………………………………. 26

Appendix G – Accessibility of Facilities……………………………………………………………………………….. 28

Appendix H – Transition Plan Matrix…………………………………………………………………………………… 31

Appendix I – Reasonable Accommodation Policy ………………………………………………………………….. 32

Appendix J – Kansas Telecommunications Relay Service ……………………………………………………… 36

Appendix L – Employment of Persons with Disabilities …………………………………………………………… 37

 

 

 

 

 

 

 

 

 

 

Introduction

USD 247 Southeast is committed to compliance with the requirements of the Americans with Disabilities Act (ADA). As a first step to ongoing ADA compliance, the District has completed a self-evaluation and transition plan. The District has used the Americans with Disabilities Act Handbook as a guideline. The ADA Handbook has been used as a format for the NTPS ADA Self-Evaluation Handbook, in order to provide a systematic review and update on the ADA compliance progress. USD 247 Southeast is committed to compliance with not only the requirements of the Americans with Disabilities Act, but also its intent. This commitment involves evaluating ways in which the District can improve programs and services to provide or maintain accessibility to people with disabilities. The ADA Self-Evaluation Handbook outlines areas of needed compliance and establishes guidelines to evaluate the accessibility of future programs and services.

 

Public comment on the ADA Self-Evaluation Handbook is welcome. Comments will assist the District in an ongoing effort to accommodate the needs of persons with disabilities. USD 247 Southeast exists to serve the public; this evaluation and the comments received will help us meet the needs of all those we serve. This handbook is available in alternate forms by request. Please send your requests, ideas and suggestions to:

 

Dr. Glenn Fortmayer

Superintendent

506 S. Smelter

Cherokee, KS 66781

620-457-8350

Fax 620-457-8428

E-mail gfortmayer@usd247.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Procedures

 

The ADA and its implementing regulations requires USD 247 Southeastto evaluate its policies and practices and identify those that discriminate against or prevent participation of persons with disabilities. Discriminatory policies and procedures must be corrected. All interested persons, including those with disabilities, or organizations representing them, must be given opportunity to participate in the self-evaluation process by submitting comments. The District considers compliance with the ADA an ongoing process. The process of self-evaluation and planning started in the spring of 1992. Prior to the implementation of the ADA the District has been committed to compliance with Section 504, IDEA and other pertinent statutory requirements ensuring non-discriminatory treatment and accommodation for persons with disabilities.

 

Are persons with disabilities consulting with the District during self-evaluation, development of the transition plan, and ongoing evaluation of implementation? Yes. 

The District utilized a team during the original self-evaluation and development of the transition plan. The team included persons with disabilities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Has the District’s non-discrimination policy been communicated to all staff and recipients of services? Yes. 

 

The District has communicated the non-discrimination policy through the USD 247 Website, all job-opening notices, District policy manuals, and district training. A copy of the District’s policy identified in the above-referenced documents is included in Appendix B. A sample Statement of Non-discrimination is included in Appendix E. The District’sGrievance Policy/Procedure is included in Appendix D.

 

Has the District taken steps to ensure staff fully understands its policy of non-discrimination andcan take appropriate steps to facilitate the participation of persons with disabilities in the District’sprograms and employment opportunities?Yes.

 

The District has provided training for supervisors on the ADA. Specialized training and

information has been provided to staff in the Human Resources Department and the Maintenance divisions of the District’s central office.The Human Resources personnel work directly with employees and applicants who have disabilities. Reasonable accommodation requestinformation is maintained in the District Office. Training on the ADA and associated

pertinent information has been provided by the Superintendent or designee to the following Districtgroups:

• Custodians and Facilities Personnel

• Transportation Staff

• Administrators (Central Office and Building Administrators)

• Classified Staff

Complaint Process

The ADA requires the District to identify at least one employee to coordinate the ongoing effort tocomply with the ADA. This coordination must include the investigation of complaints filed allegingdiscrimination or violation of the ADA. The person must be specifically named with telephone andaddress. In addition to having a specific individual designated to receive complaints, the District mustadopt and make public a grievance procedure, which provides a prompt and fair resolution of the ADAcomplaints. The District’s ADA Coordinator is Dr. Glenn Fortmayer, Superintendent.The Superintendent may be reached at 620-457-8350.

 

 

 

 

 

 

 

 

 

 

 

Has theDistrict has developed a process that identifies where complaints can be directed? Yes.

 

The District has developed a process and provides information on how a complaint can be made if a person feels that he or she has been discriminated against because of a disability.

 

Has the District identified the employee who will be responsible for receiving and processing discrimination complaints? Yes. 

The Superintendent, Glenn Fortmayer, has been identified as the Americans with Disabilities Act Coordinator for the District. Existing procedures and notices identify the Superintendent as the appropriate parties to contact regarding discrimination complaints. The District’s compliance statement can be found in Appendix B.

 

Has the District adopted the non-discrimination complaint policy and investigation/resolution process? Yes. 

 

Existing procedures include coverage for discrimination complaints on the basis of disability.

 

Has the District reviewed documents to ensure policy statements about non-discrimination are included? Yes. 

 

The District has implemented policies and procedures to be in compliance with the ADA. The

District provides notice of the policy on documents, District publications, the District website, employment postings and through the local newspaper. The District subscribes to the Kansas Association of School Board’s Policy Service. The service provides the District with updated policies and procedures in concert with the ADA compliance. These reviews are conducted on an ongoing basis.

 

Does the District have policies or criteria that have a direct or indirect effect of excluding or limiting the participation of people with disabilities? No.

 

The District is not aware of any policies or criteria that exclude or limit the participation of

qualified individuals with disabilities. Should any be found during the ongoing evaluation of

compliance with the ADA they will be eliminated.

Use of Contractors

 

 

 

 

 

 

 

 

 

 

CONTRACTORS

Has the District taken steps to assure compliance in the ADA with respect to contractors? Yes. 

 

The District notifies contractors of compliance with non-discrimination. This notification is

included in requests for proposals and grant applications.

Accessibility of Facilities and 

ACCESSIBILITY

 

Has the District evaluated its buildings or facilities to identify any access barriers? Yes. 

 

The District completed an initial evaluation of facilities in the summer of 1992. New facilities in

the District are designed to meet the ADA compliance. The District followed up the initial facility

evaluation with an ADA review by the Kansas State Fire Marshall’s Office completed in the 2012-13 school year.Each facility was found to be in various stages of ADA compliance. A complete summary of the evaluations can be obtained upon request. In order to systematically address the needs identified by the evaluations, the ADA needs were identified in a District facilities ADA plan.The plan includes planned and possible actions at facilities to increase accessibility.

 

 

Has the District developed and disseminated the ADA program accessibility requirements? Yes. 

 

The District has provided in-service training to all administrative and supervisory personnel. The

in-service training included an understanding of the ADA requirements, evaluating existing facilities and the District’s process for responding to needs of persons with disabilities.As the result of this in-service training a number of facilities needs were identified and included in the transition plan.Administrators and supervisors are expected to identify and communicate any needs to the ADA Coordinator. This evaluation and communication process is ongoing. In-service training is ongoing and included in the District’s commitment to human relations training.

 

In addition, the District is a provider of educational services to students who range in age from birth to 21. The District and the ADA Coordinator are responsible for implementing Section 504 of the Rehabilitation Act and providing reasonable accommodations in a timely manner to qualifying students with disabilities.

 

 

 

 

 

 

 

 

 

TRANSPORTATION

 

The main principle of the ADA’s transportation regulation is as follows:

“No entity shall discriminate against a person with a disability in connection with provision oftransportation service.”

 

Does the District provide transportation service?Yes. 

 

The District provides transportation service for students meeting the requirements for bus

services. These services include “to and from” school service, special program services, Gifted programs, as well as field trip and activities transportation.

 

Does the District provide training to ensure employees are fully qualified to serve passengers withdisabilities?Yes. 

 

In addition to training in the operation of lift equipment, the District provides drivers withawareness training to improve services and understanding of students with disabilities.

 

Does the District require regular and frequent inspections of equipment serving persons withdisabilities?Yes. 

 

The District self-inspects and adheres to the state-required inspection program for vehicles.

 

Decisions about Undue Financial and Administrative Burdens

 

ndue Financial and Administrative Burdens

Title II requires a public entity to make its programs accessible in all cases, except when it would resultin a fundamental alteration of the nature of the program or service, or present an undue financialand/or administrative burden. The decision that compliance would result in such alterations orburdens must be made by the head of a public entity or designee and must be accompanied by awritten statement of the reason(s) for reaching that conclusion. The determination must be made bya high-ranking official, no lower than an agency head, having budgetary authority and responsibilityfor expenditure decisions.

 

Has the District established a procedure for ensuring that decisions about undue financial and administrative burdens are made properly and expeditiously? Yes. 

 

The District has established a process by which accommodation requests may be made at the

site level. This process is in concert with the District’s “decentralizing” many decisions to the site level. For example, low-cost or no-cost reasonable requests from students, employees,

parents/guardians or members of the public may be made at the site level by the principal. An example would be interpreters for conferences, performances and activities. Budget support for these activities is provided at the District level to ensure no additional burden is placed on the school/site budget.

 

When an administrator or supervisor has questions about whether a request qualifies under the ADA, or if the cost of the request is reasonable, contact is made with the ADA Coordinator. Denials of accommodation requests based on undue financial burden are only made after consultation with the ADA Coordinator. The ADA Coordinator is the superintendent with the authority to make decisions as delegated by the Board of Education. Denials of accommodation requests are given inwriting and only after consideration of the cost, need, availability of resources and impact to theperson making the request. The District has made every effort to respond in a timely and supportivemanner to reasonable accommodation requests to date.

 

TELEPHONE COMMUNICATIONS

 

When the District communicates with employees, applicants for employment, students,

parents/guardians or members of the public by telephone, telecommunication devices for the deaf (TDD) are required. When extensive service contact is required with people with hearing

impairments, more direct access than a relay service is required. Telephone emergency services need to provide direct access to persons who use TDD. TDD relay service numbers must be published in the same manner as non-TDD numbers. A list of Kansas’s Telecommunications Relay Service andwebsite information can be found in Appendix J.

 

Does the District have a procedure for communicating effectively over the telephone with persons who are deaf or have hearing or speech impairments?

Yes. 

 

For limited-use situations the District uses the Kansas State Telecommunications Relay Service to communicate with persons who have hearing or speech impairments. TDD is available in areas of frequent and/or anticipated communication with persons with hearing impairments.

 

Appropriate equipment and modifications are provided upon request to employees who have hearing or speech impairments.

 

Have TDD numbers or telephone relay numbers been added to District publications? Yes

 

The information is added whenpublications are reprinted or new publications are developed. This effort is ongoing.The number is 711

 

Has the District taken steps to familiarize the appropriate staff with operation of TDD and other means of communication over the telephone with persons who are deaf or have hearing or speech impairments? Yes 

 

The District provides training support at sites or workstations that receive new equipment. This

training and acquisition of equipment is ongoing. New TDD keyboard and display training would be provided by the equipment providers.

 

 

 

 

 

 

 

 

 

 

 

 

 

DOCUMENTS AND PUBLICATIONS

Does the District make documents available in alternative formats? Yes. 

 

The District, through the ADA Coordinator, makes documents available in alternative formats.

With the acquisition of a computer Braille translation system, the District’s ability to respond to requests in a timely manner has improved significantly. Large-print capabilities have been improved through the District’s acquisition of new copying technology at sites at the District level. Thesematerials include the District’s compliance with the ADA and the availability of accommodations onrequest.

 

 

Interpreters, Assisted-Listening Devices, and Other Auxiliary Aids

 

Does the District provide auxiliary aids for persons with speech, vision or hearing impairments to ensure effective participation in a program or activity? Yes. 

 

The ADA Coordinator schedules and fiscally supports interpreters for students, parents/guardians, employees, and applicants for employment and members of the community for meetings, interviews, conferences and public hearings. Other auxiliary aids are also made available upon request.

 

TREMERGENCY EVACUATION

Does the District have a system for notifying individuals with sensory impairments in the case of an emergency? Yes. 

 

All District buildings are equipped with visible and audible fire alarms.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EQUIPMENT ACQUISITION

Does the District purchase equipment that can be readily and cost-effectively modified for persons with disabilities? Yes. 

 

The ADA Coordinator works with the District’s Purchasing Department to ensure equipment

needed in response to a request is provided in a timely manner. Equipment needed to date has been purchased and received in a timely manner. The District Office staff works with vendors at the state and national level that are sensitive to and supportive of meeting the needs of individuals with disabilities.

 

EMPLOYMENT

Has the District reviewed its employment practices to ensure it does not discriminate against persons with disabilities? Yes. 

 

The District performed an initial review of employment practices in the summer of 1992. The

District routinely reviews employment practices regularly to ensure adherence to all hiring

requirements as well as compliance with ADA.As new policies and procedures are developed and existing policies and procedures modified, they will be reviewed for compliance with the ADA.The District utilizes the Kansas Association of School Board Policy Service, updates from the Kansas Department of Education, and the Office of Civil Rights to ensure policies are current.

 

Recruitment and Advertising

The District reviews and evaluates all postings to ensure they are free of discriminatory language.Postings include a statement of the District’s ADA compliance and availability of reasonable accommodation requests.

 

Processing of Applicants

Only appropriate job-related criteria are considered in the processing of applications. Certificated applications, classified applications, affirmative action disclosure forms, job postings and reference forms have been reviewed. The application process is subject to an ongoing review. Should any problems be found, they will be eliminated.

 

Hiring, Upgrading, Promotion, Demotions, Transfer, Layoff, Termination, Rehiring

All of these processes are conducted so no discrimination against qualified individuals with disabilities occurs. The Superintendent provides the hiring administrators and supervisors withguidelines for conducting the hiring process. Training has been provided to administrators andsupervisors with respect to the ADA requirements.

 

 

 

Rates of Pay, Other Compensation, Changes in Compensation

USD 247 Southeast conducts periodic compensation reviews to ensure equitable

compensation packages.

 

Job Assignments

The District is not aware of any discrimination with regard to job assignments. Should discriminationbe found during ongoing studies or periodic review, it will be eliminated.

 

Organization Structure

The District is not aware of any discrimination with regard to the organizational structure. Shoulddiscrimination be found during ongoing studies or periodic review, it will be eliminated.

 

Leaves of Absence, Sick Leave, or Any Other Leave

The District is not aware of any discrimination with regard to the accrual or use of leave. Should discrimination be found during ongoing studies or periodic review, it will be eliminated.

 

Selection and Financial Support for Training, Professional Meetings, Conferences, and Other RelatedActivities

Professional Development opportunities offered through the District are made accessible upon

request.

 

District-Sponsored Social and Recreation Programs

The District is not aware of any discrimination with regard to sponsored social and recreational

programs. Should discrimination be found during ongoing studies or periodic review, it will be

eliminated.

 

Health and Insurance Benefits

The District has reviewed these programs and they are in compliance with the ADA. District

permissive benefits are evaluated as part of a comprehensive evaluation of benefits for all employees.

 

ACCOMADATION REQUEST PROCEDURES

USD 247 Southeast is committed to establishing and maintaining a work environment

consistent with its policy of equal opportunity to employment. The District makes reasonable efforts to accommodate an employee with a disability, which impacts the employee’s ability to perform the work of the position. Accommodation requests are evaluated on a case-by-case basis, taking into consideration the employee’s restrictions due to the disability, the essential duties of the position, the work environment, and the reasonableness of the accommodation(s).

 

Reasonable accommodation is any modification or adjustment to a job, work methods, or the work environment that makes it possible for a qualified employee with a disability to perform the essential work of the position. Accommodation options may include, but are not limited to: making a temporary or permanent change in an employee’s assigned job duties and/or work schedule; obtaining or modifying equipment or devices; making facilities physically accessible to and usable by an employee with a disability; approving a disability leave of absence; and/or assisting the employee in identifying other job opportunities through the District’s employment processes.

 

 

 

NON-DISCRIMINATION AND AFFIRMATIVE ACTION

 

The District shall provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity shall be provided without discrimination with respect to race, creed, color, national origin, age, honorably-discharged veteran or military status, sex, marital status, sexual orientation including gender expression or identity, or qualified individuals with sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability and provides equal access to designated youth groups. The District may give preferences to a United States citizen or national over an authorized alien if two candidates are equally qualified.

 

District employees shall be free from harassment based on legally protected attributes or

characteristics.The District shall also make reasonable accommodation to the known sensory, mental or physicallimitations of an otherwise qualified disabled applicant or employee unless an accommodation wouldimpose an undue hardship on the operation of the District program.

The District is committed to undertake affirmative action which will provide equal employment

opportunities for all employees and applicants for employment. Such affirmative action shall includea review of programs, monitoring of the workforce composition, and use of employment procedureswhich ensure equal employment opportunities for minority and female employees and applicants.

 

It shall be the responsibility of the Superintendent or designee to develop an Affirmative Action Planand procedures to be followed by management and supervisory personnel in all school anddepartments of the District to carry out the provisions and intent of this policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent/Patron Grievance Procedures

 

All citizens of the District have the right to question the policies and procedures of the District and the schools. The Board also recognizes the duty of the District to consider, objectively and responsibly, grievances which citizens may advance respecting the District’s practices, services and/or decisions. To facilitate response to either questions or grievances, the Board directs that the Superintendent establish procedures in accordance with the following standards:

1. Opportunity shall be afforded for resolution of issues as close to organizational point of origin

as possible.

2. Provision shall be made for appeal to successively higher organizational levels and, if

ultimately necessary, to the Board itself.

3. In instances of appeal, provision shall be made for a written record to be provided the higher

organizational level, said record to detail the issue and the efforts previously made to resolve

same.

4. Provision shall be made to assure that individual rights shall not be violated by inappropriate

public discussion of complaints concerning an individual or group.

5. Grievances presented directly to Board members will be referred to the Superintendent in

accordance with this policy.

6. Grievance and dispute resolution procedures to apply in instances involving students with

recognized handicapping conditions shall be as specifically provided in the assurances and

procedures, however, that any grievance not eligible for processing under those assurances may be considered under the provisions of this policy.

 

STATEMENT OF NON-DISCRIMINATION

 

USD 247 Southeast complies with all federal rules and regulations and does not discriminate

on the basis of race, color, national origin, sex, age, creed, honorably-discharged veteran or military status, marital status, sexual orientation including gender expression or identity or qualified individuals with sensory mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability and provides equal access to designated youth groups. This holds true for all district employment opportunities. Inquiries regarding compliance and grievance procedures may be directed to Superintendent Dr. Glenn Fortmayer, the School District’s Title IX Officer and A.D.A Coordinator, and/ Section 504 Coordinator,

506 S. SmelterCherokee, KS 66724, 620-457-8350.We hire only U.S. Citizens and lawfully authorized alien workers as per the Immigration Reform and Control Act of 1986. USD 247 Southeast is a drug free/tobacco free workplace.