Or. Admin. Code § 291-111-0115 - Accessibility Requests

(1) An AIC may, at any time while in custody at a DOC facility or under the supervision of DOC while in the community, make an accessibility request to ensure the AIC is not excluded from participation in, or denied the benefits of DOC programs, services, or activities equal access to programs, services, and activities they are otherwise qualified to benefit from or participate in. An accessibility request may include a request for modification of DOC rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services.

(2) DOC programs, services, and activities include, but are not limited to, the following: academic and vocational education, work programs, work release programs, activities, mail, telephone, visiting, library, law library, religious programs, orientation, transportation services, classification, food service, sanitation and hygiene, health care, release, discipline, grievance procedure, and disciplinary hearings, safety and emergency procedures access to court, canteen, and psychological or psychiatric services.

(3) To make an accessibility request, an AIC shall complete and submit an Accessibility Request form as provided in this rule.

(a) An Accessibility Request form may be obtained from any DOC employee.

(b) An AIC who is unable to complete the Accessibility Request form because of disability or inability to write in the English language, may request assistance from an institution AIC ADA coordinator (with the assistance of an interpreter when appropriate).

(c) The completed form will be sent directly to the institution AIC ADA coordinator.

(4) Staff will refer AICs who are unable to make their needs known to the institution AIC ADA coordinator or correctional counselor for assistance. The institution AIC ADA coordinator will assist the AIC in filling out the Accessibility Request form.

(5) The Accessibility Request form must specify:

(a) The AIC's specific accessibility request;

(b) What program, service, or activity the AIC is trying to participate in; and

(c) How the request will help the AIC participate in the program, service, or activity.

(6) By signing the Accessibility Request form, the AIC is agreeing to cooperate with the entire process and is consenting to an investigation by the institution AIC ADA coordinator(s) which may include review of related protected health information.

(7) Institution AIC ADA coordinators are not health care providers and cannot order medical treatment, medication, surgical procedures, medical or housing restrictions, or health care equipment. An institution AIC ADA Coordinator will deny accessibility requests for those items and will direct the AIC to contact Health Services regarding those items.

(8) The information provided by the AIC, health care providers, or other persons qualified to evaluate the AIC's disability and needs may be used to determine what accessibility requests, if any, should be approved.

(9) All accessibility requests are reviewed on a case-by-case basis. The institution AIC ADA coordinator will investigate the request prior to making a determination.

(10) An institution AIC ADA coordinator may approve an accessibility request in full, or with an alternative that is agreed to by the AIC. In the event that an institution AIC ADA coordinator does not approve an accessibility request in full or with an alternative that is agreed to by the AIC, the institution AIC ADA coordinator will refer the accessibility request to:

(a) Health Services, or Behavioral Health Services, and the Statewide ADA Coordinator; and

(b) The Statewide ADA Coordinator will review the request to determine whether to approve the accessibility request in full or in part, or to deny the accessibility request.

(11) For any accessibility request, an institution AIC ADA coordinator and/or the Statewide AIC ADA Coordinator shall take into account any legitimate safety or security concerns presented should the request be approved or denied in full or in part, and with or without modifications. The institution AIC ADA coordinator shall also consider any known and existing alternatives that may present lesser safety and security concerns.

(12) An AIC ADA Coordinator may approve an accessibility request even if state or federal anti-discrimination laws do not require it.

(13) The Department may deny an accessibility request that would create an undue burden on DOC or fundamentally alter the nature of the program, service, or activity that would be affected by the accessibility request.

(14) The Statewide AIC ADA Coordinator may request a health services assessment and schedule a meeting or phone conference with the AIC and any involved staff in order to facilitate an interactive process with the AIC.

(15) The assessment process will be interactive and include staff observations, AIC reports, or documentation of an AIC's disability. Referrals will be made to Health Services or institution AIC ADA coordinators for evaluation.

(16) The accessibility request may be approved, denied, or denied with approval of a reasonable alternative.

(17) AICs will receive a written response to all requests and the institution AIC ADA coordinator will distribute and implement any approved accommodation.

(18) AICs may refuse or discontinue an approved or offered disability accessibility, whether that is a modification to DOC rules, policies, or practices, removal of architectural, communication, or transportation aids, or the provision of auxiliary aids or services.

(19) For a refused accessibility to be reinstated, the AIC must resubmit an accessibility request.

Notes

Or. Admin. Code § 291-111-0115

DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020; DOC 22-2020, minor correction filed 11/12/2020, effective 11/12/2020

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659A.142 & 42 USC § 12132

Statutes/Other Implemented: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659A.142 & 42 USC § 12132