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Accommodating requests for access to public services

It shall be the policy of the State of North Carolina, its political subdivisions and any other entity who contracts to provide public services including, but not limited to, education, health, social services, recreation or rehabilitation to provide those services in the most integrated setting appropriate to the needs of persons with disabilities.

Each statutorily recognized entity shall be responsible for accommodating requests regarding accessibility to public services and programs. The following procedure shall be followed in determining the appropriate level of these services.

• Each covered entity shall post a conspicuous notice in public access areas containing the following information;

It is a discriminatory practice for a State department, institution, or agency, or any political subdivision of the State or any person that contracts with the above for the delivery of public services including but not limited to education, health, social services, recreation, and rehabilitation, to refuse to provide reasonable aids and adaptations necessary for a known qualified person with a disability to use or benefit from existing public services operated by such entity; provided that the aids and adaptations do not impose an undue hardship on the entity involved.

If you wish to request an accommodation or if you feel that you have been denied access to any public service, please contact (PSAC Coordinator) at (telephone number).

• Each entity involved shall designate a Public Service Accessibility Coordinator. This person may also be the ADA Coordinator, but is not required to be.

• Requests for public service accommodations should be forwarded to the PSA Coordinator.

• The PSA Coordinator will determine if the requesting party is a “person with a disability” under the provisions of 168-A

• The PSA Coordinator will contact the appropriate agency and transmit the request.

• Agency staff receives the request and determines the feasibility of the request

• Agency staff approves request or makes recommendations to Management about request and includes “undue hardship” concerns

• When the request is forwarded to management, it will be approved or rejected
• a. If approved, PSA Coordinator contacts requesting party with approval details

b. If refused, PSA Coordinator will contact party and provide details of appeal

Dispute Resolution Process

If a public entity or contractor decides to refuse to provide a requested accessibility accommodation, the following procedure shall apply;

• The individual or entity making the decision shall provide a written explanation for the refusal

• The PSAC shall review the decision and consult with the ADA Coordinator and/or the NC Office on the ADA for technical assistance and/or comments

• The PSAC will transmit the decision to the consumer and will engage the consumer in meaningful dialogue about other possible methods of assuring accessibility

• If the consumer is dissatisfied with the results of the dialogue, they may be referred to the NC Office on the ADA. The NC Office on the ADA may attempt informal resolution of the complaint or may refer it to mediation or other enforcement or advocacy agencies for attempted resolution.

• The PSAC will be responsible for keeping records of all requests both approved and denied and will document on-going efforts to provide equal accessibility in its delivery of services.

• Consumers who are dissatisfied with the results of dispute resolution may, at any time, file their complaint with the US Department of Justice for possible investigation.

 

Updated: Monday, March 14, 2005

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