UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
75 PARK PLACE
NEW YORK, NEW YORK 10007
May 2, 2003
Ms. Carolyn Schwebel
Co-Chairperson
The Equalizers
79 Hamilton Avenue
Leonardo, New Jersey 07737
Re: Case No. 02-03-1020
Dear Ms. Schwebel:
This letter is to notify you of the determination of the New York Office for Civil Rights (OCR) regarding the above-referenced complaint filed against the Bayshore Jointure Commission (the Commission). You allege that the entrance of the Commission’s Bayshore Educational Services and Training School (the School), located at a community firehouse facility, is not readily accessible to individuals with mobility impairments.
OCR has jurisdiction as a designated agency under Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., and its implementing regulation at 28 C.F.R. Part 35, over complaints alleging discrimination on the basis of disability that are filed against public elementary and secondary education systems and institutions, public institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing and other health related schools), and public libraries. The Commission is a public entity comprised of 8 public school districts and provides secondary special education services through the School. Consequently, the Commission is subject to the provisions of the ADA.
In reaching a determination on this complaint, OCR interviewed you, the School Principal, and the Commission President. OCR also reviewed documentation provided by you and the Commission and conducted an onsite inspection of the School. On the basis of an analysis of the information collected, OCR has made the following determinations.
The School is located on the second floor of a two-story community firehouse facility that was built in 1990. OCR learned from the Commission that the School represents a unique program to emotionally disturbed and multiply handicapped students in grades seven through twelve. Under the ADA, the School’s programs, services and activities,
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when viewed in their entirety, must be readily accessible and usable by individuals with disabilities.
OCR found that stairs lead up to the second floor of the community firehouse, where the School is physically located and where the School’s programs, activities, and services are provided. There is no elevator, chair lift or other means by which an individual with a mobility impairment can gain independent access to the School’s programs, activities and services. The Commission has no current process in place for the relocation of the School’s programs, activities, and services to an accessible location. Additionally, the exterior route of travel was not level and was obstructed at the time of OCR’s onsite inspection. Based on the above information, OCR has determined that the School’s program, activities and services, when viewed in their entirety, are not readily accessible to individuals with mobility impairments.
Accordingly, on May 2, 2003, OCR was informed by the Commission’s attorney that theCommission signed a resolution agreement committing itself to actions to ensure that theSchool’s programs, activities and services, when viewed in their entirety, are accessibleto individuals with mobility impairments. The specific commitments made by theCommission are as follows.
The Commission agrees to install a door buzzer adjacent to the accessible entrance to allow individuals with mobility impairments to contact School staff upon arrival at the current site. The Commission will also remove any obstructions that prevent access to the door buzzer and ensure a clear, unobstructed ground space for individuals to approach and utilize the buzzer.
Additionally, when providing notice regarding any of the School’s activities and programs, the Commission will include notice regarding the individual(s) and phone number(s) to call prior to arriving at the School to arrange for access to the School’s programs and activities, including any after-school programs and activities.
In the interim, the Commission will either make the necessary changes, with respect to the creation of accessible routes, signage, the rooms and spaces, and the bathrooms on the first floor of the facility that are available for the School’s use so that the first floor is accessible to visitors and guests who have mobility impairments or relocate programs and activities for visitors and guests to an accessible location. In the event that a student with a mobility impairment is eligible to enroll in the School during the 2003-04 academic year, the Commission shall either address all accessibility barriers or arrange for the relocation of programs and activities related to the School to an accessible location. In the event the Commission selects to address structural modifications, they will be made in compliance with the ADA Accessibility Guidelines (ADAAG), 28 C.F.R. Part 36, Appendix A, or with the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. Part 101-19.6, Appendix A.
Finally, the Commission agrees to relocate the School to an accessible facility at the end of the 2003-04 academic year, as the Commission has been planning to do. The
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Commission will ensure that the program at the new site is accessible to individuals with mobility impairments. If the Commission is unable to relocate the School and it remains at the current site, the Commission shall address all accessibility barriers.
OCR will monitor the provisions of the resolution agreement to ensure compliance.Failure to implement the resolution agreement will result in the immediate resumption ofOCR’s complaint resolution activities.
This letter is not intended, nor should it be construed, to cover any issues regarding the Commission’s compliance with the ADA that may exist but are not discussed herein.
The Commission has been reminded that the ADA prohibits the Commission from harassing or intimidating an individual who has filed a complaint or participated in actions to secure protected rights.
Under the Freedom of Information Act, 5 U.S.C. §552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, OCR will seek to protect, to the extent provided by law, personal information that, if released, could constitute an unwarranted invasion of privacy.
If you have any questions, please feel free to contact Ms. Stacy L. Joynes, Compliance Team Investigator, at (212) 637-6321 or stacy.joynes@ed.gov, or Mr. Stephen Chen, Compliance Team Attorney, at (212) 637-6297 or stephen.chen@ed.gov.
Sincerely,
Draft-2
Resolution Agreement
In order to resolve the allegation in Case No. 02-03-1020, the Bayshore Jointure Commision (the Commission) assures the New York. Office for Civil Rights (OCR) that pursuant to Title II of the Americans with Disabilities Act of 1990 (the ADA), 42 U.S.C. § 12101 et seq., arid its implementing regulation at 28 C.F.R. Part 35, the following actions will be taken to ensure that the Bayshore Educational Services and Training Academy’s (the Academy) programs and activities are accessible to individuals with mobility impairments.
Install a door buzzer adjacent to the accessible entrance to allow individuals with mobility impairments to contact Academy staff upon arrival at the current site. The Commission will remove any obstructions that prevent access to the door buzzer and ensure a clear, unobstructed ground space for individuals to approach and utilize the buzzer.
When providing notice regarding any of the Academy’s activities and programs, include notice regarding the individual(s) and phone number(s) to call prior to arnving at the Academy to arrange for access to the Academy’s programs and activities, including any after-school programs and activities.
In the interim, either make the necessary changes, with respect to the creation of accessible routes, signage, the rooms and spaces, and the bathrooms on the first floor of the facility that are available for the Academy’s use so that the first floor is accessible to visitors and guests who have mobility impairments or relocate programs and activities for visitors arid guests to an accessible location. In the event that a student with a mobility impairment is eligible to enroll in the Academy during the 2003-04 academic year, the Commission shall either address all accessibility barriers or arrange for the relocation of programs and activities related to the Academy to an accessible location. In the event the Commission selects to address structural modifications, they must be made in compliance with the ADA Accessibility Guidelines (ADAAG), 28 C.F.R. Part 36, Appendix A, or with the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. Part 101-19.6, Appendix A.
Bayshore Jointure Commission Resolution Agreement (DRAFT-2)
In order to monitor the Commission’s actions, the Commission will provide OCR with the following:
By August 1, 2003, the Commission will provide OCR with evidence demonstrating compliance with paragraphs A and C.
By December 31, 2003, the Commission will provide OCR with evidence demonstrating compliance with paragraph B for the reporting period starting with the date of this agreement and ending on December 31, 2003. By June 30, 2004, the Commission will provide OCR with evidence demonstrating compliance with paragraph B for the reporting period starting on January 1, 2004 and ending on June 30, 2004.
