ADA Accommodation Policy

Purpose

Foci Minnesota Center for Glass Arts (“Foci MCGA”) is committed to providing programs and services that are inclusive of individuals with special needs. In addition, Foci MCGA is committed to providing staff with clear and consistent guidelines for compliance with federal, state, and local laws, association standards and best practices. This policy ensures that Foci MCGA complies with the requirements of Title III of the Americans with Disabilities Act of 1990 (ADA). This policy does not address provisions under Title I of the ADA governing the employment relationship.

Definitions

1. Public Accommodation - is generally defined as facilities or services provided by a private entity for use by the public. Examples include retail stores, places of lodging, places of education, social service establishments, places of exercise or recreation, and places of public gathering. A public accommodation can be within a facility that is owned, leased to, leased by, or operated by a private entity. A private entity may operate a public accommodation subject to Title III within a facility that is owned by a public entity, such as a school district or municipality.

2. Disability - The ADA protects three categories of individuals with disabilities:

1. those with a physical or mental impairment that substantially limits one or more major life activities

2. those with a record of such an impairment

3. those who are regarded as having such an impairment, whether or not they have the impairment.

3. Reasonable Accommodation/Modification – Accommodations to policies, practices or procedures, also referred to as modifications, are wide-ranging and reasonably necessary to avoid discrimination against individuals with disabilities. The purpose of accommodations is to minimize the barriers to the individual with a disability limiting their ability to participate in programs and services with Foci MCGA. The duty to provide reasonable accommodation or modification is limited to those accommodations that do not fundamentally alter the nature of the services or facilities it provides and do not impose an undue hardship on Foci MCGA.

4. Undue Hardship – means an accommodating action that places significant difficulty or expense on Foci MCGA.

5. Readily Achievable – means a facility modification that is easily accomplishable and able to be carried out without much difficulty or expense.

6. Auxiliary aids - Include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, taped texts, braille materials, and large print materials.

7. Service Animal - Service animals are defined as dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability. Examples of such work or tasks include guiding people with impaired vision, alerting people with impaired hearing, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA, although they may qualify as service animals under local ordinances.

8. Direct Threat – is defined as a significant risk of substantial harm to the health or safety of self or others, which cannot be eliminated or reduced by a reasonable accommodation/modification.

9. ADA Coordinator – for the purposes of this policy this person shall be the first point of contact for a member or participant with a request for accommodation. The ADA Coordinator is responsible for developing the action plan for ADA accommodations/modifications to studio programs in order to meet such requests.

10. ADA Director – for the purposes of this policy, the Executive Director shall be the point of contact for a member or participant who wishes to appeal staff’s response to an accommodation request. In most cases, this person will be the Executive Director, Associate Executive Director, or their designee. Staff shall be provided additional training in the Americans with Disabilities Act, this policy and strategies for successful inclusion.

11. ADA Resolution Committee - for the purposes of this policy, this committee shall review and provide resolution to requests for accommodation. This committee may also be convened to review member/program participant requests if the ADA Coordinator is either unavailable or unable to resolve a specific request on their own. The Committee may be comprised of the Executive Director, the Studio Director, and Foci MCGA’s Executive Committee to the Board of Directors and their appointees.

Background

Foci MCGA grew out of the private practice of local glassmakers who began to share their skills with others. Their shared studio began to fill an emergent need in the community for safe and proper workspace and learning new skills in glass blowing. Before long, this private practice exploded into a public educational facility that lead to the 2009 nonprofit incorporation of Foci Minnesota Center for Glass Arts, making it the first public-access studio in the Midwest. Today, our building hosts a glass studio, education center, and a dedicated gallery and exhibition space. Our main studios are housed in the original space of our founders and located on the basement level of an industrial building in the 2010 ArtBlok complex. The depreciating building presents a few big challenges that limit access to some of our programs. Building management has been noncommittal in their response to making extensive improvements toward compliance, and the cost, for example, of constructing a new entrance, would cause an undue hardship to Foci MCGA.

Our commitment is to work to solve any issues we encounter so we may extend access and enjoyment of the glass arts to people of all abilities. In 2018, we began a process toward relocating our facility by attending the rigorous ArtSpace Immersion Program to analyze every aspect of finding a new home. We are currently on track to launch a capital campaign to relocate the facility where accessibility to all our programs may be a forethought in the development of our new studios. In the meantime, we must be creative in facing our challenges, and have, over time, developed highly assessible programs to overcome the issues that our current building presents; one solution is that we can bring our mobile hot shop demonstrations to you.

Policy Statement

Foci Minnesota Center for Glass Arts (Foci MCGA) is committed to a policy ensuring that it will not discriminate against any individual on the basis of disability. Foci MCGA will make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford its services and facilities to individuals with disabilities, unless the modifications would fundamentally alter the nature of its services. Foci MCGA will not exclude any individual with a disability from the full and equal enjoyment of its services and facilities, unless the individual poses a direct threat to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. Foci will not exclude any individual from the full and equal enjoyment of its services and facilities because of the individual’s association with a person with a disability.

Responsibility

1. Foci MCGA’s studio staff is responsible for collecting and conveying details and contact information to the ADA Coordinator for all accommodation requests in an expeditious manner.

2. The Studio Director is the designated ADA Coordinator and is responsible to the Executive Director and Board of Directors for the communication and implementation of this policy within each program area.

3. Foci MCGA’s Board of Directors is responsible for the oversight of this policy and related implementation and training content.

Title III Requirements for Public Accommodations:

• Provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.

• Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation.

• Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless the modification would fundamentally alter the nature of the goods and services provided.

• Furnish auxiliary aids when necessary to ensure effective communication, unless an undue hardship or fundamental alteration would result.

• Remove architectural and structural communication barriers in existing facilities where readily achievable.

• Provide readily achievable alternative measures when removal of barriers is not readily achievable.

• Maintain accessible features of facilities and equipment.

• Design and construct new facilities and, when undertaking alterations, alter existing facilities in accordance with the Americans with Disabilities Act Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board and incorporated in the final Department of Justice Title III regulation.

• A public accommodation is not required to provide personal devices such as wheelchairs; individually prescribed devices (e.g., prescription eyeglasses or hearing aids); or services of a personal nature including assistance in eating, toileting, or dressing.

• A public accommodation may not discriminate against an individual or entity because of the known disability of a person with whom the individual or entity is known to associate.

• Private entities offering certain examinations or courses (i.e., those related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes) must offer them in an accessible place and manner or offer alternative accessible arrangements.

Eligibility for Goods and Services

In providing services, Foci MCGA may not use eligibility requirements which tend to screen out individuals with disabilities. Safety requirements may be imposed only if they are necessary for the safe operation of Foci MCGA. Safety requirements must be based on actual risks not speculation. Extra charges may not be imposed on individuals with disabilities to cover the costs related to measures necessary for inclusion such as removing barriers or providing auxiliary aids.

Auxiliary Aids

A public accommodation must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. The auxiliary aid requirement is flexible. For example, a braille program brochure is not required if staff are instructed to read the program brochure to blind customers. Auxiliary aids that would result in an undue hardship, (i.e., "significant difficulty or expense") or in a fundamental alteration in the nature of the goods or services are not required by the regulation. However, a public accommodation must still furnish another auxiliary aid, if available, that does not result in a fundamental alteration or an undue hardship.

Existing Facilities: Removal of Barriers

Physical barriers to entering and using existing facilities must be removed when "readily achievable." These requirements apply to facilities owned, leased to, leased by or operated by Foci MCGA for programs and services covered by Title III. If Foci MCGA operates in a facility owned by another entity, either public or private, that entity will generally have a corresponding duty under the ADA to remove barriers. Foci MCGA and the other entity can decide by contract how to apportion the responsibility for barrier removal, but both will owe a separate duty to those using the facility. The regulation does not require the rearrangement of temporary or movable structures, such as furniture, equipment, and display racks to the extent that it would result in a significant loss of selling or serving space. Legitimate safety requirements may be considered in determining what is readily achievable so long as they are based on actual risks and are necessary for safe operation.

Examples of barrier removal measures may include:

• Installing ramps,

• Making curb cuts in sidewalks and entrances,

• Rearranging tables, chairs, vending machines, display racks, and other furniture,

• Widening doorways,

• Installing grab bars,

• Repositioning telephones.

Barrier removal measures must comply, when readily achievable, with the alteration’s requirements of the ADA Accessibility Guidelines. If compliance with the Guidelines is not readily achievable, other safe, readily achievable measures must be taken, such as installation of a slightly narrower door than would be required by the Guidelines.

Examples of alternative measures include:

• Relocating or providing services at accessible locations, or

• Retrieving items from inaccessible shelves or racks.

New Construction & Alterations

All newly constructed places of public accommodation and commercial facilities must be accessible to individuals with disabilities to the extent that it is not structurally impracticable. Alterations after January 26, 1992 to existing places of public accommodation and commercial facilities must be accessible to the maximum extent feasible.

Procedures for Consideration of Accommodation Requests

I. General Guidelines

a. Foci MCGA will meet the needs of a diverse community in an equitable manner.

b. No person will be turned away because of a disability, and no one will be charged for reasonable accommodations.

c. It is the responsibility of staff that has the initial contact with a participant to obtain information regarding the person’s needs and to arrange to provide the support that is requested in a reasonable length of time.

d. It is the responsibility of the member, guest, or participant, or if a minor their parent/legal guardian, to seek available assistance to make his/her needs known to Foci MCGA staff, and to give adequate time for the Foci MCGA to make reasonable accommodations/modifications.

e. Foci MCGA’s Board of Directors is responsible for the oversight of this policy, and related implementation and training content.

f. The Studio Director is responsible to the Board for the communication and implementation of this policy within each program area.

g. The Studio Director is the designated ADA Coordinator and the primary contact for groups and individuals when requesting accommodation.

II. Reasonable Accommodations/Modifications in Youth Programs

a. Foci MCGA programs welcome all children. Foci will provide services to children with special needs in the same manner as services are provided for other children of comparable age, to the extent it is reasonably able to do so.

b. Foci MCGA has the obligation to ensure the physical and emotional safety of all of the children entrusted to its care. It is essential that all pertinent information about the child’s needs be available to staff from the outset of enrollment and that a continuing bond of trust and mutual partnership exists for the benefit of the child. Therefore, a parent is encouraged to disclose significant medical, physical or behavioral issues caused by a disability at the time of the child’s enrollment and on an ongoing basis. All information provided will be kept as confidential as reasonably possible and used only for the purpose of establishing what, if any, reasonable modification(s) may be provided.

c. One-to-One Assistance – Foci MCGA will consider a request for extra monitoring and supervision as a possible accommodation, to the extent that such additional monitoring or supervision does not result in a fundamental alteration to the nature of the program and to the ability of the Foci MCGA youth program to provide for the safety and well-being of all children. The fundamental nature of most Foci MCGA youth programs is that they are group based. Group based care is consistent with Foci MCGA supervision standards for the protection of our participants and staff. For the safety of children in our programs Foci MCGA does not generally provide one-to-one assistance as part of its programs. If a child requires one-to-one assistance to ensure the safety of that child or other program participants, the parent or guardian should provide a caregiver.

d. Toileting Assistance – Foci MCGA will consider a request for toileting assistance for a child as a possible accommodation, to the extent that such toileting assistance does not result in a fundamental alteration to the nature of the program and to the Foci MCGA youth program staff’s ability to provide for the safety and well-being of all children.

e. Medication and Medical Special Needs – In some circumstances, it may be necessary to give medication to a child with a disability in order to make a program accessible to that child. Generally speaking, as long as reasonable care is used in following the doctors' and parents' or guardians written instructions about administering medication, Foci MCGA should not be held liable for any resulting problems. Providers, parents, and guardians are urged to consult professionals in their state whenever liability questions arise. Medications requiring an injection or suppository will be considered as a possible accommodation on a case-by-case basis, to the extent that such medication administration does not fundamentally alter the nature of the program, does not put the child or staff at risk, does not cause undue hardship for Foci staff, and does not violate any local or state law or regulation.

f. Personal Aide/Assistants – There are instances when a child’s personal needs cannot be met in a group care setting through accommodations which are reasonable in policy, practicality and/or cost, and they can potentially be successfully accommodated with a personal aide or assistant not funded by Foci MCGA. In those instances, an agreement with Foci MCGA must be in place prior to such attendance by the personal assistant, and the personal aide or assistant must sign a waiver and release of Foci MCGA’s liability of any harm or occurrences while the assistant is at Foci MCGA. The agreement will provide that the personal assistant meets all applicable state standards for the type of services that the personal assistant will provide to the child; that the personal assistant will not be an employee or independent contractor of Foci MCGA; and the personal assistant will be subject to the overall supervision of the Foci MCGA program while he or she is present at a Foci MCGA program.

g. Service Animals and Emotional Support Animals –Beginning on March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. Signed into law on April 26, 2018, individuals in the state of Minnesota are prohibited from misrepresenting an unqualified animal as a service animal and subjects violators to a penalty. It also provides legal protections for business owners who are required to permit service animals access to their property. Misrepresenting an animal as a service animal jeopardizes the independence and safety of people with disabilities, puts highly trained, expensive, and necessary service animals at risk of injury or death, and erodes the rights and public perception of people with disabilities as well as legitimate service animals. A service animal is permitted on Foci MCGA property and within Foci MCGA buildings unless the use of a service animal would result in a fundamental program alteration or jeopardize the safe operation of Foci MCGA. A service animal must have been trained as a service animal in the work or tasks directly related to the person’s disability. Individuals are permitted to bring a service animal in all areas of Foci MCGA. Individuals with disabilities are not required to show proof of certification for their service animal. When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task. Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Generally, the animal must stay on the floor, or the person must carry the animal. Fear of dogs and allergies are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. A determination of whether a person with a severe allergy and a person using a service animal can both be accommodated will be made on a case-by-case basis. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the handler does not take effective action to control it or (2) the animal is not housebroken. A business may charge for any damages that the animal causes. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. Facilities that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises. Staff are not required to provide care or food for a service animal.

III. Requests for Reasonable Accommodation/Modification

a. Should staff be notified of a request for reasonable accommodation for a potential or existing member or participant, please follow the following steps:

1. Obtain name(s) and contact information for all parties involved, and provide a copy or internet link to the Request for ADA Reasonable Accommodation form.

2. Notify your designated ADA Coordinator that you have a request for reasonable accommodation/modification immediately.

3. In the event your ADA Coordinator is unavailable (and/or you have been unable to connect with them), please contact the Executive Director.

b. Once a person/parent contacts an ADA Coordinator, every attempt will be made to schedule a meeting to discuss any requests for modifications/reasonable accommodation within one week (five business days). At that time, the participant and/or participant parent will be asked to bring their request for modification in writing, as well as information regarding any other available potential resources/aids that may better ensure the individual’s successful participation in the activity/program.

c. If it is unclear whether the Foci MCGA program can reasonably accommodate the unique needs of an individual, we will arrive at a final decision by reviewing the circumstances on a case-by-case basis. Such review will be comprised of some, if not all, of the following steps, unless such process would not meaningfully contribute to a final decision:

• The ADA Coordinator or their designee will meet with the individual and family.

• The ADA Coordinator or their designee will observe the individual in the program, setting, and speak with program staff.

• The ADA Coordinator or their designee will assess the staff person’s ability to handle the various manifestations of the individual’s special needs, and consider whether additional training, the cost of which is not unreasonable, would be helpful.

• The ADA Coordinator or their designee will observe the individual’s adaptation to the other participants.

• The ADA Coordinator or their designee will discuss the individual’s needs with the Foci MCGA staff with relevant experience and responsibilities.

• A discussion of possible, necessary accommodations will be undertaken and those accommodations that are reasonable and do not fundamentally alter the nature of the program will be implemented.

• If the individual’s attendance cannot be accommodated because the needed accommodations are unreasonable or alter the nature of the service, the individual or individual’s parent/legal guardian(s) will be informed without delay.

d. Once the meeting has been concluded, an action plan will be developed or outlined to establish what, if any accommodation/modification is available for the individual.

e. Every effort will be made to notify the parent/legal guardian(s) of the child the final outcome within a period of ten (10) working days from the date of the initial meeting with the ADA Coordinator.

Appeals and Grievances

Individuals have the right to appeal decisions made regarding their eligibility for membership or service, the types of programs and services in which they may participate, and any disciplinary actions taken resulting from problems experienced during participation. The appeal process is structured to ensure fairness.

Members and program participants:

Any member, guest or program participant may file a grievance or complaint regarding an alleged violation of this policy by making an oral or written complaint to the Executive Director at 2213 Snelling Ave, Minneapolis, MN 55414, or by email at contact@mnglassart.org. The nature of the complaint should be specified along with the corrective action being sought. The member or participant will be given the opportunity to discuss the matter in private. Following a thorough investigation, the member or participant will receive a written decision within ten (10) working days, or an appropriate date will be given as to when a response should be expected. If necessary, a conference of all concerned parties will be set up to settle the complaint within ten (10) working days of notice or meeting with the Executive Director. If the member or participant is not satisfied with the decision, the complaint must be presented in writing to the President of the Board of Directors. The President's decisions are final and binding. The President may select a committee to hear grievances and to make suggestions for final decisions. If you have any questions regarding this policy, please contact contact@mnglassart.org

History of ADA Modifications & Improvements

I. Studio Facility

• Front door: Foci MCGA’s front door is a shared entrance for all tenants in Building 10, it is up a short flight of stairs and not ADA compliant. Once inside, the first floor serves as a mezzanine that overlooks the glassblowing studio, gallery and exhibition space below. The mezzanine is accessible by a ramped entrance in a location other than the front door and requires participants to give a 10-day notice to Foci MCGA. The active studio floor is down a long flight of stairs and is not safely accessible by wheelchair. In the spring of 2018, building management for the 2010 ArtBlok has indicated that it is taking quotes for construction of an ADA compliant entrance that would serve our studio.

• Elevator: The elevator nearest our studio has been inoperable for 5-years, and the lack of a working elevator restricts safe wheelchair access to our basement level. We continue to work with building management to evaluate repair and replacement options. The ADA Coordinator has determined an alternate route through the building complex that is fully ramped, but not ADA compliant. However, this route relies a non-ADA compliant elevator near our location.

• Signage: In January 2019, property managers installed permanent, consistent, large format print signage throughout the complex to inform visitors and guide them through the ArtBlok complex.

• Bathrooms: Bathroom accessibility was evaluated by an ADA consultant, and the results were reviewed with building management on 1/31/2016. The toilets and sinks are not wheelchair accessible. The building has a fully ADA accessible bathroom in an adjoining building on a separate floor.

• Parking: Handicapped parking was evaluated by ADA consultant, and these results were reviewed with building management on 1/31/2016. Currently there are no designated handicapped parking spaces. A request has been put forth to the building managers and owners to secure spaces with best access.

• Public Transit: Access to our facility includes close proximity to Metro Transit bus line number 61, and our parking lot accommodates a nearness to our entrance for those using Metro Mobility. Foci MCGA also advertises an approximation of event end-time to help those using Metro Mobility to schedule pick-up times.

II. Programs and Services

• Glassblowing can have inherent accessibility limitations due to its physicality, extreme heat, and the collaboration of movement with partners. There are limitations to active participation in glassblowing for those with physical impairments, however, accommodation is achievable on a case-by-case basis. Foci MCGA also provides instruction and experience with other glass arts, such as casting, fusing, and neon. We strive to match a participant’s abilities and interest with the particular art form where they can find greatest enjoyment and success.

• Due to the nature of glassblowing as a visual art form and the inherent dangers of working with molten glass, visually impaired individuals cannot be accommodated in the active studio. They are allowed to listen and touch from the safety zone in the studio.

• All course curriculum and evaluations are available as printed materials for students and visitors. Large print is available on request with 10-day advanced notice.

• Accommodations in Foci MCGA’s other programs, such as artist demonstrations, Discoveries, kiln-work, neon, and coldwork are achievable with 10-day advance notice.

• The gallery and exhibition space is located in the main studio on the basement level and wheelchair access is limited.

• In 2014, Foci MCGA’s Hotshop Mobility Project kicked off a tour of the mobile hot shop, which has since served over 50,000 public visitors. This facility was designed and built by the Foci MCGA member community and funded through a Metropolitan Regional Arts Council Arts Activities Grant and the local glass community. The mobile hot shop is a portable, ground-level studio that was built to be taken anywhere (with adequate electrical service) and was specifically designed for glass blowing demonstrations offering education in the science and making of hot glass. As a way to address access issues in our studio, Foci MCGA partners with local organizations to provide off-site events to ensure full ADA accessibility, parking, seating, bathrooms, visual materials, and speaker systems.

• Our venue at the Minnesota State Fair, rebuilt in collaboration with the fairground’s new West End Market in 2014, provides an onsite gallery and information center, with full access to live narrated educational glassblowing demonstrations and a nearby fully compliant ADA bathroom facility, 12 hours a day, for 12 days each year and serves 30,000 people each year.

III. Communications

• In 2018, a new website was designed for online access to the history, program offerings, special events, policies, Board and staff members, class registrations and visitor accessibility information. This tool has made information readily accessible to the public.

• ADA Accommodation Policy was added to website in January 2019.

• A portable PA system with speakers is used during presentations and demonstrations to help the hearing impaired.

• Since 2015, sign language interpreters are brought in (contracted) as necessary to provide interpretation for the hearing impaired. Foci MCGA requires 10-day prior notice of request for an interpreter.

• Foci MCGA makes every effort to add text or access symbols to promotional flyers and advertisements indicating accessibility of events and requirements of ten-day notice to make accommodations.