Appendix B: Americans with Disabilities Act (ADA) Policy

ACCESSIBILITY

The Americans with Disabilities Act (ADA) is a federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society.

The Ohio Arts Council (OAC) is committed to making the arts accessible to all Ohioans. Accessible buildings or spaces, programs and creative opportunities enrich the artistic experiences of all and enhance a community's cultural climate. Organizations that receive funding from the OAC must be fully accessible and inclusive to every individual including people with disabilities and older adults. The OAC requires an ADA Transition Plan for organizations that are not in compliance with the ADA. See Helpful Accessibility Links below for suggestions.

Section 504 of the Rehabilitation Act states, in part, that "no otherwise qualified person with a disability ... shall solely by reason of their disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

HELPFUL ACCESSIBILITY LINKS

Persons with disabilities have the legal right to access OAC programs.

All programs and facilities of applicants must be accessible to everyone. A helpful tool available on the National Endowment for the Arts (NEA) Web site is the Accessibility Planning and Resource Guide for Cultural Administrators http://www.nea.gov/resources/Accessibility/Planning/index.html, an online companion to the printed publication Design for Accessibility: A Cultural Administrator's Handbook (2003) http://www.nea.gov/resources/Accessibility/pubs/DesignAccessibility.html. Both versions provide guidance to cultural administrators on how to achieve accessible and inclusive programming for everyone including individuals with disabilities and older adults. A hardcopy of the Handbook is also available upon request at the OAC. Please contact the Office of Organizational Services and Community Development at the OAC 614/995-5440; for TTY/TDD use the Ohio Relay Service, 1-800/750-0750.

The NEA also offers a workbook to accompany the Design for Accessibility: A Cultural Administrator's Handbook at www.arts.gov/resources/accessibility/pubs/DesignAccessibility/DesignAccess.pdf and a link to a self-evaluation process which can help your arts and cultural organization comply with Section 504 and the ADA is located at http://www.arts.gov/resources/Accessibility/Planning/Step6.pdf.

Another useful checklist from the U.S. Department of Justice ADA Web site is "The Americans with Disabilities Act Checklist for Readily Achievable Barrier Removal." This is a downloadable PDF document to assess your accommodations for people with disabilities. www.ada.gov/racheck.pdf

For examples of ADA Transition Plans, please contact your regional program coordinator at the OAC at 614/995-5440; for TTY/TDD use the Ohio Relay Service, 1-800/750-0750.

CONTACT US

For more information on how to make programs accessible, contact the Office of Organizational Services and Community Development at the Ohio Arts Council, 614/466-2613; for TTY/TDD use the Ohio Relay Service, 1-800/750-0750

For more suggestions on making your arts and cultural organization accessible to all citizens, go to our accessibility section on our Web site at www.oac.state.oh.us/aboutOAC/accessibility.asp.

ADA GRIEVANCE PROCEDURE

If you believe an event or facility funded by the Ohio Arts Council (OAC) is inaccessible, you are encouraged to fi le a complaint with the Ohio Civil Rights Commission (OCRC), 1111 East Broad Street, 3rd Floor, Columbus, OH 43205; 1-888/278-7101 or go to their Web site at www.crc.ohio.gov. The Ohio Arts Council works with the Ohio Civil Rights Commission to resolve complaints against grantees.

After you file a complaint, notify the OAC Office of Organizational Services and Community Development The OAC will wait to receive written notification from the OCRC informing the OAC about the complaint that was filed. The OAC will send a formal letter informing the grantee of the complaint. Once the complaint is verified, and if the organization is found to be noncompliant by the OCRC, the OAC will put a hold on any grant funds the organization may have from the OAC. Decision on any pending applications will be withheld until the organization addresses and resolves the noncompliance issues.