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II.J. Access To Programs, Services and Activities

II.J.1. Individuals with Disabilities

II.J.1.01 System Policy

No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the System, or be subjected to discrimination by the System.

Nor shall the System exclude or otherwise deny the benefits of the services, programs, or the opportunity to participate in activities to an individual because of the known disability of an individual with whom the individual is known to have a relationship or association.

II.J.1.02 Definition

A "qualified individual with a disability" is an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the System.

II.J.1.03 Reasonable Accommodations

The System shall make reasonable modifications in policies, practices or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the System can demonstrate that making the modifications would require a public entity to take any action that would threaten or destroy the significance of historic property, undue financial and administrative burdens, or fundamentally alter the nature of the service program, or activity.

II.J.1.04 Communications

The System shall take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others.

II.J.1.05 Auxiliary Aids and Services

To this end, the System shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program or activity conducted by the System. In determining what type of auxiliary aid or service is necessary, the System shall give primary consideration to the requests of the individual with disabilities.

II.J.1.06 Definition

"Auxiliary aids and services" include:

  1. qualified interpreters, note takers, transcription services, written materials, assistive listening devices and systems, telephone handset amplifiers, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods for making aurally delivered materials available to individuals with hearing impairments;
  2. qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered material available to individuals with visual impairments;
  3. acquisition or modification of equipment or devices; and
  4. other similar services and actions.

II.J.1.07 Limits of System Action

The System is not required to take any action where the System can demonstrate that taking such action would result in a fundamental alteration in the nature of a service, program, or activity; would result in undue financial and administrative burdens; or would require a public entity to take any action that would threaten or destroy the significance of historic property.

Any decision that compliance with its responsibility to provide effective communication for individuals with disabilities would fundamentally alter the service, program or activity or unduly burden the System shall be made by the Board after considering all resources available for use in funding and operating the program, service or activity. The decision shall be accompanied by a written statement of the reasons for reaching that conclusion.

II.J.1.08 Notice

The System shall make available to applicants, participants, beneficiaries and other interested persons information regarding the provisions of Title II of the Americans with Disabilities Act (ADA) and its applicability to the services, programs or activities of the System. The information shall be made available in such manner as the Board, Chancellor, and College Presidents find necessary to apprise such persons of the protections against discrimination assured them by the ADA.

II.J.1.09 Compliance Coordinator

The System shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title II of the ADA, including any investigation of any complaint communicated to it alleging its noncompliance or alleging any actions that would be prohibited under the ADA.

The System shall make available to all interested individuals the name, office address and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable resolution of complaints alleging any action that would be prohibited under the ADA.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008