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EXECUTIVE MEMORANDUM NO. 06-02 | Print Version

LINDA LINGLE
GOVERNOR

April 12, 2006

EXECUTIVE MEMORANDUM NO. 06-02

TO: All Department and Agency Heads

SUBJECT: Access to State Government by Persons with Disabilities

This memorandum acts as a reminder that the following Administrative Directives are still in effect:

• 97-01 Responsibility for Americans with Disabilities Act Coordination and Implementation,

• 97-02 Communication Access for Persons with Disabilities to Programs, Services, and Activities of the State of Hawaii,

• 97-03 Non-Discrimination to Programs, Services, and Activities of the State of Hawaii on the Basis of Disability,

• 98-01 Reasonable Accommodation for Persons with Disabilities, and
  
  
• 98-02 Facility Access.

This Administration affirms that the State of Hawaii, as an employer and operator of government services, will continue to meet the needs and civil rights of individuals with disabilities through compliance with the Americans with Disabilities Act (ADA), Public Law 101-336. As stated in the aforementioned Administrative Directives, we remain committed to our legal obligation to providing equal access to employment, programs and services of State government, and ensuring effective communication for persons with disabilities in the State of Hawaii.

With the Disability and Communication Access Board (DCAB, formerly the Commission Persons with Disabilities) as the ADA Coordinator for the Executive Branch of State government, the State developed and implemented uniform policies concerning the:

1. Development and maintenance of State Departments' and agencies' self-evaluation and transition plans.

2. Coordination and implementation of ongoing training sessions for managers and other State employees on meeting the requirements of the ADA in the areas of employment, programs and services, and facilities. In 2005, DCAB coordinated a series of trainings in these topic areas, including communication access, through the Department of Human Resources Development. The demand is primarily in the area of employment, so only the employment trainings will be offered again in 2006.

3. Provision of technical assistance on facility design by reviewing all plans and specifications for the construction, reconstruction, and alterations of all State facilities or facilities constructed on behalf of the State for access to persons with disabilities (consistent with the requirements of Hawaii Revised Statutes §103-50).

4. Provision of information and referral in response to requests for technical guidance and assistance to resolve specific issues relating to access to facilities, programs, services and benefits, or employment issues. Assistance consists of general advice, guidance, and research, when necessary, but will not consist of legal opinions. In the area of employment, technical assistance on specific applicant inquires or grievances will continue to be coordinated and forwarded to the departmental ADA Coordinator and/or the Department of Human Resources Development, as appropriate.

5. Provision of voluntary review of current form, notices, etc., for nondiscriminatory language.

6. Dissemination of newly issued ADA guidelines or rules to Departments and agencies.

7. Assurance that existing State of Hawaii manuals pertaining to the ADA (e.g., State of Hawaii Manuals on Reasonable Accommodation and Programs and Services) are updated and current.

8. Development and maintenance of web sites with current publications and other information relating to ADA compliance.

9. Provision of names of assigned Departmental and agency personnel, as ADA Coordinators, to the Disability and Communication Access Board for maintenance of an updated list.

10. Hiring of qualified Communication Access Providers (interpreters and captioners) from the Disability and Communication Access Board's list to ensure effective communication for persons with disabilities to access government services.

11. Provision of technical assistance related to ongoing compliance with the Americans with Disabilities Act is available from the Disability and Communication Access Board.

The State Disability and Communication Access Board shall continue to be responsible for the overall Americans with Disabilities Act compliance and coordination efforts for the Executive Branch of State government.

Each Department and agency head shall continue its responsibility and effort to provide equal opportunities to individuals with disabilities in the provision of programs and services, equal access to employment, and effective communication in all aspects of State government.