Americans with Disabilities Flashcards
What is the purpose of General Order 2017-01?
To establish guidelines consistent with the Americans with Disabilities Act for department employees.
Define Americans with Disabilities Act (ADA) according to the notes.
A Federal civil rights law that prohibits discrimination against people with disabilities.
What does the Lexington Police Department aim to ensure according to its policy?
A consistently high level of service to all community members including those with disabilities.
Explain the term ‘Lipreading’ as per the notes.
Using information from lip, face, and body movements to increase understanding.
What is the definition of a ‘Qualified Interpreter’?
A person capable of interpreting and translating proceedings for deaf or hard of hearing individuals.
According to the ADA, what is the purpose of a Service Animal?
To assist individuals with disabilities in their participation in civic activities.
Define ‘Sign Language’ as mentioned in the notes.
American Sign Language (ASL), primarily used in the United States.
What is the definition of a ‘Wheelchair’ according to the information provided?
A device designed for individuals with mobility disabilities for indoor or outdoor locomotion.
What does Title II of the ADA prohibit regarding public entities?
Discrimination based on disability by making programs, services, and activities accessible.
How is an individual considered to have a disability under the ADA?
If they have a physical or mental impairment that substantially limits major life activities.
How should officers respond if an individual reaches for their mobility device?
Officers should not interpret it as an act of aggression.
What action may an individual with a physical disability take to comply with an officer’s request?
They may use their mobility device for movement.
What may individuals with visual impairment use to assist in movement?
They may use a cane or a service dog.
What should officers be cautious of when encountering individuals with mobility disabilities?
Officers should be careful not to misinterpret reaching for a mobility device.
How may individuals with physical disabilities inform officers about their condition?
They may inform officers of their physical disability.
What does the ADA require of title II entities regarding communication with people who have communication disabilities?
To communicate effectively with people who have communication disabilities.
What term does the ADA use to refer to ways of communication with people who have communication disabilities?
Auxiliary aids and services.
What are examples of auxiliary aids and services for people who are blind or have vision loss?
Qualified reader, information in large print, Braille, or electronically, audio recordings.
What are examples of auxiliary aids and services for people who are deaf or have hearing loss?
Qualified notetaker, sign language interpreter, oral interpreter, real-time captioning, written materials.
What are examples of technologies that can be considered auxiliary aids and services?
Assistive listening systems, captioning devices, text telephones, videophones.
What is the purpose of the free nationwide telecommunications relay service (TRS)?
To provide communication assistance for people with hearing or speech disabilities using text telephones or text messaging.
What is the purpose of Video Relay Service (VRS) for people who use sign language?
To provide intermediary services between sign language users and standard voice telephone users.
What factors should be considered when deciding which aid or service is needed for effective communication?
Nature, length, complexity, context of communication, usual method of communication.
What must title II entities prioritize when choosing an aid or service for communication?
The choice requested by the person with a communication disability.
What must a department do regarding the person’s choice of aid or service, unless certain circumstances apply?
Honor the person’s choice of aid or service.
What are some tasks covered by the Americans with Disabilities Act (ADA)?
Performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
How does the ADA impact department employees’ responsibilities?
It affects tasks such as receiving complaints, interviewing suspects, enforcing laws, and providing customer service.
What are some requirements of law enforcement agencies under the ADA?
Providing physical support, interpreters, access to support systems, police information, and recognizing disabilities.
What is the responsibility of every employee regarding disabled persons?
Ensuring disabled persons’ rights are protected and treating them with care and understanding.
What should employees do regarding individuals with disabilities’ signs and symptoms?
Recognize signs, symptoms, and act accordingly, taking into consideration different disabilities.
Why is it important for employees to have knowledge about general behaviors of people with disabilities?
To provide services or accommodations that may not be apparent at first.
What consequences may arise from an employee’s failure to recognize characteristics associated with certain disabilities?
Serious health implications for the person with the disability.
What considerations should be made before arresting or restraining an individual with a disability?
Taking into account the nature of the disability and considering alternative measures if restraint may cause harm.
When considering transportation for an individual with a disability, what should be done if seatbelts cannot be used?
Request supervisor’s assistance in arranging alternative transportation.
Who will provide training for employees on recognizing disabilities?
The Training Section within the department.
Who is authorized to determine if a particular aid or service would cause an undue burden?
Only the Chief of Police or their designee.
Define ‘undue burden’ as per the provided notes.
An undue burden is defined as significant difficulty or expense.
What must the decision that a particular aid would result in an undue burden include?
A written statement of the reasons for reaching that conclusion.
If a particular aid would result in an undue burden, what must the department provide?
Another effective aid or service if possible.
Can the department charge individuals for communication aids or services?
No, the department cannot charge for these.
What level of service are people who are deaf or hard of hearing entitled to?
They are entitled to a level equivalent to that provided to others.
Why is effective communication essential with a deaf or hard of hearing individual involved in an incident?
To determine what actually occurred and the urgency of the matter.
What steps can employees take when encountering a deaf or hard of hearing person?
Steps include determining the disability, getting their attention, speaking clearly, and using auxiliary aids.
What are examples of auxiliary aids for effective communication with a deaf or hard of hearing individual?
Examples include gestures, written notes, computers, assistive listening devices, and interpreters.
When should a qualified interpreter be used for effective communication?
For lengthy, complex, and important communication situations.
Under the ADA, where must service animals be allowed?
In all areas of the facility where the public is normally allowed to go
What questions can employees ask regarding a service animal when its service is not obvious?
Is the service animal required because of a disability, and what work or task has it been trained to perform
According to the ADA, what are employees not allowed to ask about in relation to a person’s service animal?
The person’s disability, medical documentation, special identification card, or demonstration of abilities
In what circumstances can a person with a vision disability be separated from their service animal?
Only if extenuating circumstances exist, like a need for arrest, and care arrangements should be made
Which type of entities should allow people with manual or power wheelchairs into all public areas?
Covered entities, such as businesses and organizations serving the public
What must covered entities do in terms of accommodating other types of power-driven mobility devices (OPDMD)?
Allow them into their facilities unless safety requirements legitimately bar accommodation
What rights do people with disabilities have concerning the choice of mobility devices?
They have the right to choose the device that best suits their needs
Who is responsible for providing effective communication, including the use of interpreters, according to the ADA?
The department
In what situations can a department rely on a companion to interpret?
In emergencies or when the individual requests it and the accompanying adult agrees.
When can an officer request a supervisor to assist with requesting an interpreter?
When unable to communicate effectively with a victim or witness.
Why do officers have an obligation to provide qualified interpreters to people who are deaf or hard of hearing before any questioning?
To protect the rights of the individuals and ensure integrity of investigations.
Who is responsible for annually identifying and contracting with interpreters and qualified interpreters?
The Language Access Coordinator (LAC)
What is important during interrogations to avoid substantial impacts on evidence presented in criminal prosecutions?
Effective communication to prevent miscommunication.
What must be used for any interrogation where legal rights could be adversely impacted?
A qualified interpreter
What is a TTY used for by individuals with hearing or speech disabilities?
To communicate on the telephone
How does a TTY user communicate with another TTY user at the other end of the line?
By typing a message
What may arrestees who are deaf or hard of hearing require for making outgoing calls?
A TTY
What are service animals defined as under the ADA?
Dogs that are individually trained to do work or perform tasks for people with disabilities
What are some examples of work or tasks that service animals can perform?
Guiding people who are blind, alerting people who are deaf, pulling a wheelchair, etc.
According to ADA regulations, do dogs that provide comfort or emotional support qualify as service animals?
No
What provision do ADA regulations have about miniature horses?
A separate provision about miniature horses that have been individually trained to do work for people with disabilities
What are the assessment factors for accommodating miniature horses under the ADA?
Housebroken, under owner’s control, facility accommodation, presence impact
