136 - Changes to Rules and Policies: It’s An ADA Thing
John McGovern, Principal-in-Charge, Accessibility Practice, The WT Group, LLC Accessibility Practice
Park, forest preserve, conservation districts, SRAs, and villages must adhere to Title II of the Americans with Disabilities Act (ADA), which enjoys the 30th anniversary of its effective date on January 26, 2022. The Title II regulation, published by the Department of Justice, is a long list of dos and don’ts. In Section 35.130, the mandates include the requirement to “change rules and policies” when doing so is not a fundamental alteration in the nature of the program. In this session, we’ll explore four crucial federal court decisions (Anderson, Casey Martin, Marriott, and NISRA) regarding changes to rules and policies and navigate other scenarios regularly faced by parks and recreation agencies. What is the mandate? Where can the line be drawn? Is there a slippery slope, and can one of these decisions lead to unintended consequences? Bring your own “we were asked to do this” questions and get answers to all.
- Identify the changes to rules, policies, and mandates and apply those concepts to home agency operations and programs.
- Recite and discuss the key elements in Anderson, Casey Martin, Marriott, NISRA and other scenarios.
- Describe why the requested rule or policy change is or is not a reasonable modification.