SD40 - Study of State Agency Compliance with the Americans with Disabilities Act

  • Published: 1994
  • Author: Department for Rights of Virginians with Disabilities
  • Enabling Authority: Senate Joint Resolution 259 (Regular Session, 1993)

Executive Summary:
Senate Joint Resolution 259 requested the Department for Rights of Virginians with Disabilities to determine state agency compliance with the Americans with Disabilities Act. The resolution also requested a study of strategies for state agencies to determine compliance with Title II of the ADA by entities that receive or benefit from state financial assistance.

Title II of the Americans with Disabilities Act of 1990, requires full and equal access for persons with disabilities to state programs, services and activities through the modification of policies and procedures, and the provision of reasonable accommodations and auxiliary aids. To ensure nondiscrimination on the basis of disability all state governments are mandated to comply with five administrative requirements.

The Department for Rights of Virginians with Disabilities studied two issues germane to the Commonwealth of Virginia's compliance with the Americans with Disabilities Act of 1990. The first issue was to determine state agency compliance with the five administrative requirements of the Americans with Disabilities Act. The second issue was to study strategies for state agencies to determine compliance with Title II of the ADA by entities that receive or benefit from state financial assistance.

Findings:

Of 158 state entities requested to submit documentation of ADA compliance, 120 submitted documentation.

Recommendations:

A thorough study of the issues resulted in the following recommendations:

1. A letter should be sent to all state entities which did not respond to the ADA compliance survey, reiterating their responsibility to comply with the Title II administrative requirements of the ADA and advising them of their possible exposure to liability.

2. The Division of Purchases and Supply, Department of General Services should continue to promote sound non-discrimination contracting practices.