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Uprighting Your ADA Notice and Accessibility Statement for Web Deadline

An “ADA public notice” is NOT the same thing as an “accessibility statement.” There. I said it.

What’s the difference?

Now, if you are an ADA Coordinator, be warned. Without training and a foundational understanding of the Title II administrative requirements, your organization’s web content team just may overwrite your ADA public notice with an accessibility statement in its rush to meet the first enforcement date of the web and mobile app accessibility regulations.

ADA Public Notice

Units of state and local government covered under Title II of the Americans with Disabilities Act were required to publish an ADA Public Notice as part of the original regulations. The legally required notice (§ 35.106) informs the public of the governmental entity’s intent to comply with the ADA. At a minimum, the ADA Public Notice should include:

  • A statement of non-discrimination.
  • The ADA Coordinator name, title, and contact information.
  • Instructions on how the public can request disability-related accommodations.
  • Information on how an individual can file a grievance procedure.

The ADA Public Notice applies to all public entities regardless of size and is interpreted as an ongoing responsibility. The audience includes applicants, beneficiaries, and other people interested in the state or local government’s programs, activities, or services. The U.S. Department of Justice (DOJ) published a sample public notice in its ADA Best Practices Tool Kit for State and Local Government. DOJ suggests the public notice should be published with job postings and applications; on the entity’s website and at all facilities; in program handbooks and activity schedules; at programs, services, and activities; and in periodically local newspapers and public service announcements.

Sample DOJ ADA Public Notice

Notice Under the Americans with Disabilities Act

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (“ADA”), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. 

Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.

Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity’s] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of  [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 

Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator].

[Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Examples ADA Public Notices by Agency

City and County of Denver
City of Fort Collins
City of Fishers
Montrose Recreation District
City of Milwaukee
City and County of San Francisco
City of Chicago

    Accessibility Statement

    An accessibility statement typically discusses the digital accessibility of a website, the technology compatibility, and a customer service oriented message about inclusion requesting customer feedback on any barriers that may be encountered while using the website.

    There is no specific Title II regulatory requirement called an “accessibility statement.” It may support compliance, but it does not replace the ADA public notice required under 28 CFR §35.106.

    The confusion often originates with the requirements for federal agencies under Section 508 of the Rehabilitation Act. The Office of Management and Budget (OMB) memorandum on “Strengthening Digital Accessibility and the Management of Section 508 of the Rehabilitation Act“ (M-24-08) requires federal agencies to maintain an accessibility statement on their websites. The OMB requires the accessibility statement to indicate the accessibility standard applied to the website, known limitations, contact information for Section 508 compliance, a mechanism to collect public feedback, instructions for filing complaints, how to request an accommodation, links to other relevant policies, and a date for which the accessibility statement was last updated.

    Certainly while the accessibility statement is not required for Title II entities, the OMB directive could be used by units of state and local government to develop an accessibility statement as a best practice.

    Examples of Accessibility Statements by Agency

    City of Fort Collins
    Cleveland Metroparks
    National Park Service
    General Services Administration
    State of Colorado

    What’s a municipality to do?

    An ADA Public Notice is a regulatory requirement under Title II. An Accessibility Statement is typically a voluntary communication tool. They serve different purposes. For public entities, the ADA Public Notice is mandatory and enforceable. The accessibility statement is optional and supplemental.

    At Skulski Consulting, we regularly draft the public notice for our clients engaged in an ADA self evaluation of policies, practices, and procedures. Here’s our recommendations on uprighting your ADA Notice and Accessibility Statement:

    • Adopt a formal ADA Public Notice to meet the regulatory mandates of Title II.
    • Develop a website accessibility statement as a supplement.
    • Cross reference both documents. Yes, they could be included on the same webpage.
    • Include both in the entity’s ADA Self Evaluation documentation.

    Share your ADA public notice or accessibility statement

    Do you have an ADA public notice or accessibility statement that you are really proud of? Share it with us so that we can list it here. Send an e-mail to skulskiconsulting.