Common use of Accessibility Plan Clause in Contracts

Accessibility Plan. (1) In consultation with OCR, the District will develop an accessibility plan to ensure that Seaside HS, Broadway MS, and Seaside Heights ES comply with the applicable Section 504 and Title II accessibility requirements, with respect to the accessibility concerns listed in Appendices 1-3. The plan will include but is not limited to the following components: (a) By June 7, 2015, the District will determine the specific accessibility standards that apply to the facilities and elements referenced in Appendices 1-3. (b) By October 7, 2015, the District will conduct an accessibility evaluation of the facilities and elements referenced in Appendices 1-3. The evaluation will be designed to accurately assess whether the facilities and elements comply with the applicable accessibility standards, with respect to the accessibility concerns identified in Appendices 1-3. (c) By January 7, 2016, based on the results of the accessibility evaluation, the District will develop an action plan to address any facilities and elements that do not comply with the applicable accessibility standards. The plan will include, but is not limited to: identifying the District’s chosen method for addressing the inaccessible facilities or elements; identifying the District employee(s) who will be responsible for implementing the District’s action plan; a description and schedule of any planned structural changes and/or other non-structural methods of meeting the accessibility requirements; and a description of interim steps that the District will take in order to provide accessibility at the schools pending completion of the structural changes. (2) By November 7, 2017, the District will complete its implementation of the accessibility action plan. (3) The District will not be required to take actions that it can demonstrate fall within one of the exceptions identified in the Section 504 and/or Title II regulations, such as: (a) Regarding existing facilities, the District is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burden. (b) Regarding changes in new construction (i.e., alterations), the District is not required to take actions that it can demonstrate has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full compliance with the minimum requirements which are necessary to provide accessibility. (c) For newly constructed facilities, the District is not required to take an action where it can demonstrate it is structurally impracticable to meet the accessibility requirements. This occurs when the unique characteristics of the terrain prevent the incorporation of accessibility features. (4) Pursuant to section III.A(1)(c) of this agreement, the District agrees to timely provide all interim steps pending completion of any structural changes in order to ensure that individuals with disabilities in the school community are not subject to discrimination under the District’s services, programs, or activities because its facilities are not readily accessible to and usable by them. (5) If the District is unable to implement the accessibility plan by the agreed- upon date due to unforeseen circumstances (e.g., inclement weather, delays caused by the local authority’s review process, etc.), the District may request an extension of time as permitted by OCR’s Case Processing Manual.

Accessibility Plan. The Recipient will assess all parking lots and pathways at the Recipient and develop an accessibility plan, as needed, to ensure compliance with the 2010 Americans with Disabilities Act Standards for Accessible Design (2010 Standards). The Recipient’s assessment should include an examination of the Recipient’s signage and campus maps that provide notice to the Recipient community at major junctures of the Recipient campus that identify the accessible routes and entrances to buildings. The Recipient’s assessment plan should include: (1) In consultation with OCRa protocol to coordinate communication, the District will develop an accessibility plan to ensure that Seaside HS, Broadway MSplanning, and Seaside Heights ES comply with services between the applicable individuals who have responsibilities under ADA and Section 504 504, and Title II accessibility requirementsinterested stakeholders, with respect to the accessibility concerns listed in Appendices 1-3. The plan will include but is not limited provision of programs and physical access; (2) a method of providing advance notice to the following components: Recipient community of known barriers to accessible routes, parking and other features created by rainy days, construction, moving or other events that significantly impact physical access; and (a3) a process that allows the Recipient to address accessibility issues for interested stakeholders. By June 7August 31, 20152018, the District Recipient will determine provide OCR with the specific accessibility standards that apply to name and credentials of the facilities and elements referenced in Appendices 1-3. (b) By October 7, 2015assessor assigned. At a minimum, the District assessor chosen by the Recipient will conduct be knowledgeable in applying the 2010 Standards to assess compliance and create an accessibility evaluation barrier report (Accessibility Report) that identifies all of the facilities and elements referenced in Appendices 1-3. The evaluation will be designed to accurately assess whether the facilities and elements comply with the applicable accessibility standards, with respect to the accessibility concerns identified in Appendices 1-3. (c) By January 7, 2016, based on the results of the accessibility evaluation, the District will develop an action plan to address any facilities and elements that do not comply with the applicable accessibility standards. The plan will include, but is not limited to: identifying the District’s chosen method for addressing the inaccessible facilities or elements; identifying the District employee(s) who will be responsible for implementing the District’s action plan; a description and schedule of any planned structural changes and/or other non-structural methods of meeting the accessibility requirements; and a description of interim steps that the District will Recipient must take in order to provide accessibility at the schools pending completion of the structural changes. (2) ensure that all parking lots and pathways are accessible and fully compliant. By November 7September 14, 20172018, the District assessor chosen by the Recipient will complete its implementation of create and provide the accessibility action plan. (3) The District Recipient with the Accessibility Report, which will not be required include any barriers found and the steps the Recipient must take to take actions that it can demonstrate fall within one of the exceptions identified in the Section 504 and/or Title II regulations, such as: (a) Regarding existing facilities, the District is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burden. (b) Regarding changes in new construction (i.e., alterations), the District is not required to take actions that it can demonstrate has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full ensure compliance with the minimum requirements which are necessary to provide accessibility. (c) For newly constructed facilities, the District is not required to take an action where it can demonstrate it is structurally impracticable to meet the 2010 Standards and program accessibility requirements. This occurs when Within 60 days of receiving the unique characteristics of Accessibility Report from the terrain prevent the incorporation of accessibility features. (4) Pursuant to section III.A(1)(c) of this agreementassessor, the District agrees Recipient will provide OCR, for review and approval, an accessibility plan (Accessibility Plan) to timely provide achieve compliance and remove any barriers found, which will include projected dates of completion. OCR will review the Accessibility Report and notify the Recipient of any remaining concerns. The Recipient will complete any and all interim steps pending modifications within the timelines in the Accessibility Plan. Within 30 days of completion of any structural changes in order to ensure that individuals with disabilities all items in the school community are not subject to discrimination under the District’s services, programs, or activities because its facilities are not readily accessible to and usable by them. (5) If the District is unable to implement the accessibility plan by the agreed- upon date due to unforeseen circumstances (e.g., inclement weather, delays caused by the local authority’s review process, etc.)Accessibility Plan, the District may request an extension Recipient will provide OCR with documentation showing that such items have been completed. Guajome Schools - OCR No. 09-18-1171 Page 2 of time as permitted by OCR’s Case Processing Manual.2