Chapter 168A: Persons with Disabilities Protection Act.
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, will provide those services in the most integrated setting appropriate to the needs of persons with disabilities.
1.2 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.
2.0 POLICY AND PROCEDURE
2.1 Each covered entity shall post a conspicuous notice in public access areas containing the following information;
2.1.a. 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 Dr. Nicolette Campos, Director, at 910-521-6695.
2.2 The ADA Coordinator is the designated Public Service Access (PSA) Coordinator.
2.3 Requests for public service accommodations should be forwarded to the PSA Coordinator.
2.4. The PSA Coordinator will determine if the requesting party is “a person with a disability” under the provisions of 168-A.
2.5. The PSA Coordinator will contact the appropriate department and transmit the request.
2.6. Departmental staff approves the request or makes recommendations to management about the request and includes “undue hardship” concerns.
2.7. When the request is forwarded to management, it will be approved or rejected.
2.7.a. If approved, the PSA Coordinator contacts requesting party with approval details.
2.7.b. If refused, the PSA Coordinator will contact the party and provide details of appeal.
3.0 DISPUTE RESOLUTION PROCESS
3.0 If a public entity or contractor decides to refuse to provide a requested accessibility accommodation, the following procedure shall apply;
3.1 The individual or entity making the decision shall provide a written explanation for the refusal.
3.2 The PSA Coordinator shall review the decision and consult with the NC Office on the ADA for technical assistance and/or comments. The PSA Coordinator will then transmit the decision to the consumer and will engage the consumer in meaningful dialogue about other possible methods of assuring accessibility.
3.3 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.
3.4 The PSA Coordinator 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.
3.5 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.
Last Revised 03/23/2020