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Courtesy Giz.de
BY BRIAN HEWS
Hews Media Group-Community News has obtained a Resolution Agreement between the Department of Justice Enforcement Division and the Norwalk La Mirada Unified School District that orders the District to cease negligent management practices related to the Americans with Disabilities Act programs at La Mirada High School.
The original complaint was sent in to the U.S. Department of Education, Office for Civil Rights, under section 504 of the Rehabilitation Act of 1973 and Title Two of the ADA of 1990.
The complaint was lodged in 2014 and took the DOJ over four years to forge the resolution with the NLMUSD.
When contacted by HMG-LCCN, the resident responsible for the complaint and eventual resolution, Dennis Starbird, indicated that a number of other schools in the district are also violating the ADA.
The agreement begins by releasing the NLMUSD from any negligence, which, according to Starbird, is completely bogus.
“This is just one school,” Starbird told HMG-LCCN, “the Norwalk La Mirada District has many schools that are grossly mismanaging their ADA programs.”
“Without admitting any violation of law,” the agreement stated, “and in order to resolve the findings and concerns identified with respect to the above-referenced complaint, the Norwalk-La Mirada Unified School District (District) agrees to take the actions outlined in this Resolution Agreement (Agreement).”
But instead of outlining violations that are related to older buildings, the violations confirmed Starbird’s allegations of gross mismanagement.
The violations included improper ADA accessible parking spaces, accessible walkways to school facilities, accessible seating at sports facilities, accessible restrooms, improper procedures for handling individuals with disabilities, and sales and service counter issues related to food service.
All tolled, the NLMUSD was found to have violated six sections of the ADA.
In regards to the parking situation the DOJ stated, “the District must provide accessible parking in all school parking lots including a van accessible parking space in each of the two staff parking lots in the rear of the school, and appropriate signage.”
The lack of parking spaces violated Sections 202 and 508 of the ADA.
The document then outlined actions to address the inadequate access to the high school’s facilities, including the baseball and football fields.
“NLMUSD must provide an accessible path of travel up to the school’s baseball field. Until an accessible path of travel is constructed, the District will take interim steps to ensure that individuals with disabilities are able to access programs and activities at the baseball field.”
The inadequate access issues violated Section 206 and Chapter 4 of the ADA.
The agreement also demanded that the NLMUSD provide “accessible seating for the school’s baseball field, consistent with Section 221.”
Section 221 of the ADA mandates wheelchair and companion seating at “large assembly areas.” In assembly areas with more than 5,000 seats, at least 36 wheelchair spaces and companion seats- plus one additional wheelchair space for each 200 seats more than 5,000- are required.
The document then cited the high school’s football field which, similar to the baseball field, had inadequate seating along with non-ADA compliant restrooms.
“The District will renovate the existing football field facility to include accessible bleachers and restrooms. Until the construction is complete, the District will provide accessible portable restrooms for all home football games, graduation, and other major events at the field.”
Several other violations that confirm the gross mismanagement cited by Starbird included an individual’s access to tickets stands, concession stands, proper training of staff, directing individuals with disabilities to accessible areas, accessible signage, safety, and good seating to view football field events.
“The District will also develop procedures to ensure that seating options for individuals with disabilities are safe, provide unobstructed views, and are integrated with the experience of other spectators to the maximum extent possible.”
“The District will also develop procedures to ensure that individuals with disabilities are served at the ticket booth and concession stands and that staff are trained while also ensuring that they can obtain information as to the existence and location of accessible services, activities, and facilities at the field, including signage identifying accessible seating locations and other accessible features.”
Finally the District was admonished for inadequate access to the snack and lunch counters at the high school under 227 and 904 of the ADA.
The standards require the food counters to provide an accessible portion at least 36 inches long and no higher than 36 inches above the floor, and that customer service at the accessible counters match those at other counters.
“The District will construct an accessible lunch counter at the school and will develop
procedures to ensure that the accessible snack counter serves both lunch and snack options, such that individuals with disabilities have equal access to all of the school’s food options.”
“It’s sad,” said Starbird, “I have been pushing the District since 2014 and I had to file a complaint to get things done. After this agreement came through I will now set my sights on other schools until they are all in compliance with the ADA, it is only right.”
See Resolution Agreement, click here
Public doesn’t understand ADA rules/regulation, unique to only a few countries in the world, it’s not Universal. USA has changed immigration landscape so drastic, it’s hard for the new residents of the USA to keep up w/ADA. It has to start from the top, and our top officials are very poorly informed on ADA.
Took the city of Cerritos over a decade to give ADA privileges for overnight parking. No overnight parking permits are required if you have a handicap placard /handicapped license plates.
Just look at the housing and the city of Cerritos, we have very few homes with elevators, and it’s very poor taste that Cerritos planning department does not push for handicap ramps and elevators when homes are being remodeled. Even the most recent proposal for housing in Cerritos, ( Juliet Prop) there was no ADA homes. Many countries, ADA has negative connotations.
Car manufactures/ car rental agencies/ RV’s; neither have done anything for ADA cars.
Personal note, I use crutches, most people who come in contact / crutches are scarred or know nothing about crutches. God made us handicap, and man has none very little to help unite us to make us equal in USA.
https://www.ada.gov/
“very poor taste that Cerritos planning department does not push for handicap ramps and elevators when homes are being remodeled”
Actually I’d call it common sense rather than “poor taste.” Homeowners shouldn’t get stuck with tens of thousands of dollars to add elevators they don’t need when they’re doing home remodelings.
Remember , only occupying a house space for a very short time . All homes will be up for a couple hundred years, most people will only be there about 25% of the time, followed by new occupants. More/ more disabled & ADA residents: finding employment, remote work stations, it’s going to be necessary to plumb homes, which ADA can be Mobile in, such as two-story & tri level homes. Cerritos approximately 50% seniors, it makes sense to have the new remodeled homes fitted for elevators, so the homes can appeal to greater diversity of buyers/renters! Just think, if every home had elevators or chair lifts, we could reduce the accidents on stairs, etc. Steps and stairs, everywhere, is one of the more common places for slip n fall accidents.
During the remodeling stages or tear down stages, it’s very inexpensive to hardwire & instructionally engineer elevator Shaft Etc, it’s very expensive to do this houses to house, as an after market item, because the house has to have more Structural Engineering and also has to have a lot more hard-line wiring for 220 electricity, plus has to be per fire codes safety standards…………..
Just about every business is being proactive towards ADA, every city needs to do that with the housing element. One of these days, near future, state is going to run out of employees for the state, and we’re going to need any and all employees including the ADA-Disabled-Seniors as employees. Why not start today and equip new homes with ADA elevators-doors-bathrooms, hallways, etc.
Sidebar: Winnebago RV, one of the older RV manufactures, starting to equipment select RV w/ elevator chair lifts from curb to interior of RV, making wider hallways and larger bathrooms for ADA accessible.
Sidebar: Most realestate listing materials, now have ADA columns for advertising properties which are ADA friendly, including ADA pools, etc.
Sidebar: Few Enterprise car rental agencies, are equipping cars for ADA controls/ramps. More transportation are ADA and cars of the future, which are self driving, will be ADA friendly.
Remember, our future holds lots of changes, we are in a world of changes. Opening up property for ADA standards, is a big change for society and will aid economy of disabled subsidies and get ADA back to work.