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8F Consent 2012 0319
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8F Consent 2012 0319
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Last modified
3/21/2012 5:01:34 PM
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3/13/2012 5:26:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/19/2012
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PERM
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_CC Agenda 2012 0319 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0319
MO 2012-013
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Path:
\City Clerk\City Council\Minute Orders\2012
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Summary <br />The American with Disabilities Act (ADA) is a comprehensive civil rights law for persons with <br />disabilities in both employment and the provision of goods and services. The ADA states that <br />its purpose is to provide a "clear and comprehensive national mandate for the elimination of <br />discrimination against individuals with disabilities." The ADA states that a public entity must <br />reasonably modify its policies, practices, or procedures to avoid discrimination against people <br />with disabilities. This report will assist the City of San Leandro in identifying programmatic <br />and physical barriers to accessibility and in developing barrier removal solutions that will <br />facilitate the opportunity of access to all individuals. <br />The City of San Leandro prepared and adopted Transition and Self Evaluation Plans in 1995. This <br />2011 plan updates the existing 1995 plans by describing the process by which programs and <br />facilities were evaluated; presents the findings of that evaluation; and provides <br />recommendations for accessibility improvements. This section provides an overview of the <br />requirements for developing the ADA Self Evaluation & Transition Plan and outlines the plan <br />development process itself. <br />Legislative Mandate <br />The development of a Self Evaluation & Transition Plan is a requirement of the federal <br />regulations implementing the Rehabilitation Act of 1973, which requires that all organizations <br />receiving federal funds make their programs available without discrimination toward people <br />with disabilities. The Act, which has become known as the "civil rights act" of persons with <br />disabilities, states that: <br />No otherwise qualified handicapped individual in the United States shall, solely by <br />reason of handicap, be excluded from the participation in, be denied the benefits <br />of, or be subjected to discrimination under any program or activity receiving <br />federal financial assistance. (Section 504) <br />Subsequent to the enactment of the Rehabilitation Act, Congress passed the Americans with <br />Disabilities Act on July 26, 1990. Title II of the ADA covers programs, activities, and services of <br />public entities. The Department of Justice's Title II regulation adopts the general prohibitions <br />of discrimination established under Section 504 and incorporates specific prohibitions of <br />discrimination for the ADA. Title II provides protections to individuals with disabilities that are <br />at least equal to those provided by the nondiscrimination provisions of Title V of the <br />Rehabilitation Act. <br />Specifically, the City may not, either directly or through contractual arrangements, do any of <br />the following: <br />■ Deny persons with disabilities the opportunity to participate as members of advisory <br />Page 2 <br />
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