Design for Accessibility: A Cultural Administrator's Handbook

Legal Overview: the ADA and the Rehabilitation Act 31
Private entities that operate public accommodations include restaurants,
hotels, theaters, convention centers, retail stores, museums, performing arts
centers, libraries, parks, zoos, amusement parks and private schools. They
are covered under Title III of the ADA.
Public entities include any state or local government and any of its
departments, agencies or other instrumentalities. They are covered under
Title II of the ADA.
Public notice is the dissemination of sufficient information to applicants,
grantees, participants, beneficiaries, and other interested persons to inform
them of the rights and protections afforded by Section 504 and the ADA.
Methods of providing public notice include announcements in handbooks,
manuals, pamphlets, newsletters, Web sites and application materials.
A qualified person with a disability is someone who meets the
definition of a person with a disability and meets the legitimate skill,
experience, education, or other requirements of an employment position
that they hold or seek and who can perform the essential functions of the
position with or without reasonable accommodation. A qualified person
with a disability in a non-employment context is someone who meets the
definition of a person with a disability and meets the essential eligibility
requirements for a program, activity, service or benefit offered by a public
entity.
Readily achievable means easily accomplishable and able to be carried
out without much difficulty or expense. What is readily achievable or
constitutes a difficulty or expense is determined on a case-by-case basis
in light of the resources available. The case-by-case approach takes into
account the diversity of enterprises covered by ADA Titles I, II and III and
Section 504, as well as the wide variation in the economic health of
particular entities at any given moment.
Reasonable accommodation is any modification or adjustment to
the work environment that will enable a qualified person with a disability
to participate in the job application process or to perform essential job
functions. In the program setting, a reasonable accommodation may
include a reasonable modification to a policy, practice or procedure,
provision of an auxiliary aid or service to ensure effective communication,
or, under Title III, readily achievable barrier removal.
Self-evaluation is the process of evaluating all policies, practices and
programs of an organization to ensure equal access and availability to
all persons.