In 1990 the President of the United States signed into law the Americans with Disabilities Act (42 U.S.c. Sec. 12101 et seq.) mandating the elimination of discrimination against individuals with disabilities and requiring state and local governments, among other affected entities, to begin complying with the Act in 1992.
It has also been the policy of the State of Alaska, as expressed in the Alaska Human Rights Act (AS 18.80) and reflected in a number of other statutes, including
- AS 11.76.130 (making it a crime to interfere with persons with disabilities)
- AS 09.20.010 (permitting disabled people to serve as jurors)
- AS 35.10.015 (regarding accessibility of public buildings),
- AS 36.30.040(b)(16) (requiring procurement regulations to prohibit discrimination),
- AS 39.25.150(21) (requiring the personnel rules to grant employment preference in state service to severely handicapped persons),
- AS 44.21.500 -.509 (establishing a mechanism for dealing with complaints of employment discrimination in state government), and
- AS 47.80 (governing programs for people with disabilities)
to eliminate and prevent discrimination because of physical or mental disability in employment, in credit and financing practices, in places of public accommodation, in the sale, lease, or rental of real property, and in government policies, practices, and services. In addition AS 18.80.200(b) makes it the policy of the state to encourage and enable physically and mentally disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment.
Therefore, in furtherance of the State of Alaska’s long standing commitment to human rights and equal opportunity for people with disabilities and to ensure compliance with title I and title II of the Americans with Disabilities Act of 1990, I, Walter J. Hickel, Governor of the State of Alaska, under the authority granted by article III, section 1, of the Alaska Constitution and by AS 44.17.060, hereby order the following as the policy of the executive branch of state government for the provision of services to and employment of people with disabilities and establish the Americans with Disabilities Act compliance program for the executive branch of Alaska state government.
AMERICANS WITH DISABILITIES ACT COMPLIANCE PROGRAM
Section
I. Purpose
II. Policy
III. Supplement to Earlier Orders
IV. Roles and Responsibilities
V. Department Compliance Programs
VI. Technical Guidance and Assistance
VII. Training
VIII. Annual ADA Compliance Program Audit Report
X. Policy Dissemination
XI. Recordkeeping
XII. Definitions
XIII. Effective Date
I. PURPOSE:
It is the purpose of this order and the Americans with Disabilities Act compliance program:
A. To prevent and eliminate discrimination against individuals with disabilities in employment and public services within state government;
B. To establish policies, guidelines and procedures for state agencies to follow to ensure compliance with title I and title II of the Americans with Disabilities Act of 1990, as amended, and their implementing regulations.
II. POLICY:
It is the policy of the state that:
A. No qualified individual with a disability shall be excluded, by reason of such disability, from participation in or be denied the benefits of the services, programs, or activities of a state agency, or be subjected to discrimination by any such agency.
B. No agency shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and any other term, condition, and privilege of employment.
C. Each agency shall operate each of its services, programs, and activities so that a service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.
III. SUPPLEMENT TO EARLIER ORDERS:
This order supplements Administrative Order No. 18, dated November 22, 1972; Administrative Order No. 59, dated June 20, 1980; Administrative Order No. 75, dated April 8, 1983; Administrative Order No. 76, dated May 23, 1983; Administrative Order No. 81, dated October 25, 1984; Administrative Order No. 86, dated March 4, 1986; Administrative Order No. 93, dated March 4, 1987; and Administrative Order No. 109, dated May 13, 1988, by setting the controlling policies in regard to disability issues.
IV. ROLES AND RESPONSIBILITIES:
A. The Office of the Governor will retain overall responsibility for the coordination of the state’s efforts to comply with and carry out its responsibilities under this order and the Americans with Disabilities Act. The governor shall appoint an official from within the state to serve as the State ADA Coordinator and make available to the public and state agencies the name, title, office address, and telephone number of the selected official.
B. The State ADA Coordinator will:
(1) Coordinate and direct the activities of agencies under this order and the efforts of state agencies to comply with title I and title II of the Americans with Disabilities Act;
(2) Serve as the state’s primary contact and liaison with the public and agencies on compliance issues regarding the Americans With Disabilities Act and the state’s ADA compliance program;
(3) Ensure compliance with the order;
(4) Communicate to the public and interested individuals information regarding the ADA compliance program and the names, office addresses, and telephone numbers of agency ADA coordinators appointed under this order;
(5) Convene and facilitate meetings of the ADA taskforce assigned in this order with interdepartmental responsibilities for providing technical guidance and assistance;
(6) Serve as the primary point of service for and the overall coordinator of the state’s responses to all complaints filed against state agencies with federal and state compliance agencies under the title II compliance procedures (28 C.F.R. 35.170) where the allegations are that the state discriminated in its services, policies, or practices, or failed to comply with the Americans with Disabilities Act.
C. Each commissioner is responsible for ensuring the effective implementation of this order within her or his department and ensuring compliance with the Americans with Disabilities Act. Each commissioner shall designate an official within the department to serve as the Department ADA Coordinator and the overall administrator of the department’s ADA compliance program. Each commissioner shall make available to the public, the State ADA Coordinator, and department employees the name, title, office address and telephone number of the selected official. The Department ADA Coordinator shall receive guidance and direction from the department commissioner and the State ADA Coordinator on matters dealing with the Americans with Disabilities Act and is responsible for assuring timely and adequate requests for appropriations to implement the department’s ADA compliance program.
D. The Department ADA Coordinator will:
(1) Coordinate the department’s efforts to comply with and carry out its responsibilities under title I and title II of the Americans with Disabilities Act;
(2) Serve as the department’s primary liaison between the department, the public, and other agencies on issues with the Americans with Disabilities Act and this order;
(3) Supervise the preparation and drafting of the department’s title II self-evaluation required under 28 C.F.R. 35.105 and any transition plans developed under 28 C.F.R. 35.150;
(4) Maintain the department’s self-evaluation on file and make it available for public inspection as required by 28 C.F.R. 35.105 and the State ADA Compliance Program;
(5) Supervise the department’s title II complaint procedure, as required by 28 C.F.R. 35.107, and ensure that, for any complaint communicated to the department alleging noncompliance with the Americans with Disabilities Act or alleging any actions that would be prohibited by the Act or its implementing regulations, an investigation is conducted and the complaint is resolved promptly and equitably;
(6) Develop a training plan in consultation and cooperation with the Productivity Improvement Center in the Division of Personnel and Office of Equal Employment Opportunity, Department of Administration for department employees to ensure that managers, supervisors, and employees who provide direct services to the public are aware of their responsibilities under the Americans with Disabilities Act, the state policy, and this order, and are sensitized to the needs of people with disabilities;
(7) Direct the activities of the division directors and ADA coordinators within the department in complying with this order and with the Americans with Disabilities Act.
E. Each division director is responsible for ensuring the effective implementation of the department ADA compliance program within her or his division and ensuring compliance with the Americans with Disabilities Act. Directors of divisions with 50 or more employees shall appoint a Division ADA Coordinator to administer the division’s ADA compliance program and shall make available to the public, the Department ADA Coordinator, the State ADA Coordinator, and division employees the name, title, office address, and telephone number of the selected employee.
F. The director in smaller divisions and the Division ADA Coordinator in divisions with 50 or more employees will, under the guidance and review of the Department ADA Coordinator:
(1) Coordinate the division’s efforts to comply with and carry out its responsibilities under title I and title II of the Americans with Disabilities Act, this order, and department directives;
(2) Serve as the division’s primary liaison between the division, the public, and other agencies on issues regarding the Americans with Disabilities Act and this order;
(3) Oversee and coordinate the preparation of the division’s title II self-evaluation required under 28 C.F.R. 35.105 and assist in the preparation of any transitional plans developed under 28 C.F.R. 35.150;
(4) Serve as the coordinator for ADA complaints within the division;
(5) Ensure that notice is given to applicants, participants, beneficiaries, and other interested persons on information regarding the Americans with Disabilities Act as required in 28 C.F.R. 35.106.
V. DEPARTMENT COMPLIANCE PROGRAMS:
Each department will implement a program to ensure that it is in compliance with title I and title II of the Americans with Disabilities Act. The department ADA compliance program must include the following components and measures:
A. The appointment of a Department ADA Coordinator and division ADA coordinators for divisions with 50 or more employees by May 1, 1992 and as needed thereafter to fill vacancies;
B. An evaluation of the department’s current services, policies, and practices, as required in 28 C.F.R. 35.105, to be completed initially for public comment by June 15, 1992, finalized by January 26, 1993, updated through June 30, 1993; and updated annually thereafter;
C. A plan of action, including a timetable, for making the necessary modifications to current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of the Americans with Disabilities Act and its implementing regulations, to be completed initially by January 26, 1993, updated through June 30, 1993, and updated annually thereafter;
D. Transition plans, as required in 28 C.F.R. 35.150, in the event that structural changes to facilities will be undertaken to achieve program accessibility, to be completed initially by July 26, 1992, updated through June 30, 1993, and updated annually thereafter;
E. An interim complaint procedure adopted under paragraphs IX.B. and IX.C., meeting the standards imposed by 28 C.F.R. 35.107, to be employed until the regulations referred to in paragraph IX.A. below have been adopted in accordance with the Administrative Procedure Act and have taken effect. Such an interim procedure must provide for prompt and equitable resolution of complaints alleging any action that would be prohibited by title II of the Americans with Disabilities Act;
F. A plan for providing notice to applicants, participants, beneficiaries, and other interested persons on the provisions of title II of the Americans with Disabilities Act and its implementing regulations as required by 28 C.F.R. 35.106, to be completed by July 26, 1992;
C. A plan for training managers, supervisors, and employees who provide direct services to the public in their responsibilities under the Americans with Disabilities Act and sensitizing them to the needs of people with disabilities to be completed by September 1, 1992, updated through June 30, 1993, and updated annually thereafter.
VI. TECHNICAL GUIDANCE AND ASSISTANCE:
A. The Division of Personnel and Office of Equal Employment Opportunity in the Department of Administration will provide technical guidance and assistance to agencies on how to comply with the employment provisions of title I and title II of the Americans with Disabilities Act.
B. The Division of Engineering and Operations in the Department of Transportation and Public Facilities will provide technical guidance and assistance to state agencies on developing transition plans and making structural changes to state-owned facilities to achieve program accessibility, and on providing appropriate signage on buildings and other facilities.
C. The Division of General Services in the Department of Administration will provide technical guidance and assistance to agencies on procurement of assistive technologies and on issues where structural changes are required on state-leased facilities to achieve program accessibility.
D. The Division of Information Services in the Department of Administration will provide technical guidance and assistance to agencies on telecommunication devices for the deaf and other issues having to do with making telecommunications accessible within the state;
E. The Division of Vocational Rehabilitation in the Department of Education will provide technical advice to agencies on the nature of a disability and reasonable accommodations.
VII. TRAINING:
A. Each department will ensure that program managers, supervisors, and staff providing direct services to the public receive appropriate training to perform their duties under the Americans with Disabilities Act.
B. The Division of Personnel and Office of Equal Employment Opportunity’s Productivity Improvement Center will provide advice and assistance to agencies in developing training plans and meeting training needs. Agencies shall submit the ADA training plans required under paragraph V.E. of this order and requests for training to the Productivity Improvement Center. Agencies will be responsible for training costs.
VIII. ANNUAL ADA COMPLIANCE PROGRAM AUDIT REPORT:
The Division of Audit and Management Services in the Office of Management and Budget, Office of the Governor shall conduct an annual performance audit of the State ADA Compliance Program, corresponding with the state fiscal year, and submit an audit report to the Governor and the State ADA Coordinator by September 30, 1993 and annually thereafter.
IX. COMPLAINT PROCEDURES:
A. Within 90 days of the date of this order, the State ADA Coordinator will prepare for adoption under AS 44.62.020 – 44.62.290 regulations setting out a complaint procedure meeting the requirements of 28 C.F.R. 35.107 which provide for prompt and equitable resolution of complaints alleging any action which would be prohibited by title II of the Americans with Disabilities Act. Public hearings under AS 44.62.210 may be conducted under the auspices of the Governor’s Council for the Handicapped and Gifted. The regulations shall be adopted by the Governor and enforced as provided in the regulations.
B. Until the foregoing regulations are adopted1 agencies shall follow the complaint procedures established under Administrative Order No. 81 for resolving complaints alleging violations of title II of the Americans with Disabilities Act.
C. For internal complaints of employment discrimination, and for employment discrimination complaints filed with federal or state compliance agencies under 29 C.F.R. 1630, 28 C.F.R. 35.170, or AS 128.80.220, agencies shall follow the procedures established under AS 44.21.505 by the Division of Personnel and Office of Equal Employment Opportunity in the Department of Administration.
X. POLICY DISSEMINATION:
A. Each agency shall post the state policy in Section II of this order in the form provided by the State ADA Coordinator on all bulletin boards and at every facility and office.
B. Each commissioner and division director shall ensure that copies of this order are disseminated to all managers and supervisors and that copies of the policy are included in all employee handbooks and department operating policies and procedures manuals.
C. The director of the Division of Personnel and Office of Equal Employment Opportunity shall ensure that a copy of this order is provided to all recruitment resources and to labor unions representing state employees.
XI. RECORDKEEPING:
A. An agency, as required by 29 C.F.R. 1602, shall maintain employee records, including applications, employee files, and agency anecdotal employee records, for a minimum of one year or, if an employment discrimination complaint has been filed, until the complaint is finally resolved, whichever is longer.
B. An agency, as required by 28 C.F.R. 35.105(c), shall maintain on file and make available for public inspection for at least three years following completion of its self-evaluation:
(1) A list of the interested persons consulted in preparing the agency’s self-evaluation and transition plans;
(2) A description of areas examined and any problems identified; and,
(3) A description of any actions taken and modifications made.
XII. DEFINITIONS:
Unless the context indicates otherwise, in this order
(1) “ADA” means the Americans With Disabilities Act;
(2) “agency” or “state agency” means a department, office, agency, public corporation, board, commission, authority, or other organizational unit of the executive branch of state government excluding the University of Alaska and the Alaska Railroad Corporation;
(3) “commissioner” means the chief executive officer of an executive department or other agency with cabinet-level reporting status;
(4) “department” means one of the principal departments of the executive branch or any other agency approved by the State ADA Coordinator to function as a department under this order;
(5) “disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment, as defined for title I of ADA in 29 C.F.R. 1630.2(g) and for title II of ADA in 28 C.F.R. 35.104;
(6) “qualified individual with a disability” means with respect to employment, as defined in 29 C.F.R. 1630.2(m), an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of the position;
For purposes of programs and services other than employment, “qualified individual with a disability”, as defined in 28 C.F.R. 35.104, means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity;
(7) “order” means Administrative Order No.129;
(8) “state” means the executive branch of Alaska state government.
XIII. EFFECTIVE DATE:
This order takes effect immediately.
DATED at Juneau, Alaska this 22 day of April, 1992.
By: S/S Walter J. Hickel
Walter J. Hickel
Governor of the State of Alaska
