Archives: FAQs

The ADA has five sections or “titles” which each address different areas of the law. Title II of the ADA addresses state and local governments, such as the Town of Colma. Title II protects qualified individuals with disabilities from discrimination on the basis of disability in accessing services, programs or activities.

The ADA protects three categories of individuals from discrimination based on their disability: Individuals who have a physical or mental impairment that substantially limits one or more major life activities – including such conditions as blindness, deafness, cerebral palsy, cancer, heart disease, mental retardation, brain injury, emotional or mental illness, and specific learning disabilities. The State … Continued

To be qualified, the individual must meet the essential eligibility requirements for receipt of services or participation in Town programs, activities, or services with or without: Reasonable modifications to a public entity’s rules, policies, or practices; Removal of architectural, communication, or transportation barriers; or Provision of auxiliary aids and services.Health and safety factors can be … Continued

Equality in participation and benefits: Persons with disabilities must have an equally effective opportunity to participate in or benefit from Town programs, services, and activities. (See the “Equally Effective Communication” section below.) Examples: A deaf or hearing impaired individual does not experience equal opportunity to benefit from attending a public meeting unless s/he has access … Continued

The Town must ensure that its communications with people with disabilities are as effective as its communications with others. Whatever accommodation is requested, the Town must seek to provide it unless it is determined it has been proven to result in either a fundamental alteration in the program, or result in an undue financial or … Continued

Among other limiting concepts contained in the ADA and its implementing regulations, the ADA places limitations on the Town’s duty to act in the manner set forth below. No fundamental alterations/undue financial and administrative burdens: The Town is not required to make a modification that would fundamentally alter the nature of its service, program or … Continued

The Town of Colma must ensure that all of its programs, activities, and services are accessible to individuals with disabilities. One key aspect of that is access to Town facilities. New Construction: Any facility or part of a facility that is constructed by a state or local government entity after January 26, 1992, must be … Continued

Self-Evaluation: The ADA requires the Town to evaluate its services, policies and practices to determine barriers to accessibility and proceed to make necessary corrections to remove those barriers. The self-evaluation must be publicly available for three years following its completion. ADA Transition Plan: The Town’s ADA Transition Plan identifies structural modifications to facilities that are necessary … Continued