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a. The head of each agency, in consultation with the mayor's office for people with disabilities, shall designate an employee as such agency's disability service facilitator, to coordinate its efforts to comply with and carry out its responsibilities under the ADA and other federal, state, and local laws and regulations concerning accessibility for persons with disabilities. Such facilitator shall be knowledgeable about the ADA, and other federal, state, and local laws and regulations concerning persons with disabilities. The functions of such facilitator, at the discretion of each agency, may be performed by the employee or employees designated by such agency to be that agency's ADA coordinator. Agencies with fifty or fewer employees may, in consultation with the mayor's office for people with disabilities, designate an employee of the city to serve as the disability service facilitator for more than one of such agencies.
b. The functions of the disability service facilitator shall include, but not be limited to:
1. Serve as the primary contact within that respective agency for persons with disabilities requesting auxiliary services;
2. Coordinate auxiliary services for persons with disabilities;
3. Respond to inquiries from members of the public concerning accessibility;
4. Develop agency policies and procedures to ensure full programmatic and communication accessibility for persons with disabilities;
5. Conduct periodic training for agency staff on disability access issues, as may be required by the head of such agency;
6. Provide accessible notices to members of the public advising them of their rights under the ADA, the New York state human rights law, the New York city human rights law, and regulations promulgated by such agency related to persons with disabilities, as well as the agency's ADA grievance procedure;
7. Assist in the investigation of any complaint communicated to such respective agency alleging its noncompliance with the ADA and/or other applicable federal, state, and local laws relating to people with disabilities, or alleging any actions that would be prohibited by such laws;
8. Document and maintain records of complaints made pursuant to the ADA and other applicable federal, state, and local laws relating to people with disabilities, and forward such complaints to the mayor's office for people with disabilities;
9. Analyze and make recommendations to the head of each such agency and to the mayor's office for people with disabilities to resolve physical and programmatic access issues; and
10. Perform any other functions as may be assigned by the head of each agency.
c. At the request of the mayor's office for people with disabilities, the head of each agency shall make such agency's disability service facilitator available to confer with, and receive periodic training from, the mayor's office for people with disabilities.
d. Each agency shall post the name, office address, electronic mail address, and telephone number of the employee or employees designated as the disability service facilitator on their website. The mayor's office for people with disabilities shall post on its website the names of persons designated to act as the disability service facilitator within each agency.
(L.L. 2016/027, 3/14/2016, eff. 6/12/2016)
a. For the purposes of this section, "events open to the public" shall mean any event to which members of the general public are invited, whether for a fee or complimentary, hosted by a city agency, except that community boards and community district education councils may comply with the provisions of this section if practicable.
b. Agencies shall encourage contracted entities to comply with the requirements of subdivisions c and d of this section for events hosted by such entities.
c. All advertisements, posters, invitations, and other publicity materials for events open to the public, whether in print or via electronic means, shall contain information regarding who to contact for information regarding accessibility for people with disabilities at the event and a deadline for when requests for accommodations for people with disabilities must be received by the organizer of the event.
d. All materials described in subdivision c of this section, to the extent practicable for the selected form of media, shall include information regarding the availability of:
1. wheelchair accessibility at the venue or venues for the event, which shall be designated by the symbol provided for in section one hundred one of the executive law, or successor symbol;
2. communication access real-time translation, which shall be designated by the letters "C-A-R-T"; sign language interpretation at the event for persons who are deaf or hard of hearing, which shall be designated by the international symbol or successor symbol to indicate the availability of sign language interpretation; or any other technology or service for persons who are deaf or hard of hearing, at the venue or venues for the event;
3. assistive listening systems for people with hearing loss at the venue or venues for the event, which shall be designated by the international symbol of access for hearing loss or successor symbol, and when available, the specific kind of system, including, but not limited to, induction loop assistive listening systems; and
4. any other accommodations for people with disabilities that will be available at the venue or venues for the event, which shall be indicated by the relevant international symbol if applicable.
e. The mayor's office for people with disabilities shall develop, make available on its website, and distribute to each agency, and members of the public upon request, a guide to assist agencies in notifying the public about the availability of, and responding to requests for, reasonable accommodations described in subdivision d of this section. The guide shall contain a comprehensive list of common disability access symbols, and shall be periodically updated as appropriate.
(L.L. 2016/028, 3/14/2016, eff. 7/12/2016)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Five-year accessibility plan. The term "five-year accessibility plan" means an accessibility plan required by subdivision b of this section, utilizing a template to be created by the office.
Office. The term "office" means the mayor's office for people with disabilities, or another agency or office designated by the mayor.
b. Requirements of five-year accessibility plan. Each agency, in consultation with the office, shall develop and implement a five-year accessibility plan. Such plan shall include, at a minimum:
1. The steps the agency is currently taking and will be taking over the next 5 years to ensure that the agency's workplace, services, programs, and activities are accessible to and accommodating and inclusive of persons with disabilities; and
2. Information regarding ongoing projects and projects planned over the next 5 years that are related to improving physical, digital, and programmatic access, and effective communications for persons with disabilities, including, but not limited to: any alterations or structural changes to facilities or premises that are owned and operated by the agency or contracted for use by the agency or otherwise under the agency's jurisdiction; any planned upgrades or investments in technology or tools that will improve accessibility within the agency or access to such agency's services and programs; and any other steps the agency is taking or plans to take to make its programs and services more accessible to and inclusive of persons with disabilities. Budgetary information and timelines relating to such projects shall be included where practicable.
c. Timeline for developing five-year accessibility plans; stakeholder input.
1. No later than December 31, 2023, each agency shall post a proposed five-year accessibility plan on its website and circulate such proposed plan for public comment. In circulating the proposed plan for public comment, each agency, in consultation with the office, shall ensure that stakeholders, community-based organizations, providers, and all other appropriate individuals or entities have an adequate opportunity to provide input on the content of the plan.
2. No later than March 15, 2024, each agency shall post its five-year accessibility plan on its website and provide a copy of such plan to the office.
3. No later than March 30, 2024, the office shall post online and submit all received five-year accessibility plans to the mayor and the speaker of the council.
d. Interim reporting.
1. No later than March 15, 2023, each agency shall post on its website a statement regarding web accessibility and a mechanism for receiving complaints about web accessibility;
2. No later than May 1, 2023, each agency shall submit to the office the name of the office within each agency that shall be responsible for ensuring that the agency's five-year accessibility plan is completed by the deadline, and such office name shall also appear on each agency's respective website.
e. Outreach to the metropolitan transportation authority. The office shall invite the metropolitan transportation authority to develop and submit a five-year accessibility plan.
f. Agency non-completion of five-year accessibility plans.
1. If any agency or entity, including, but not limited to the metropolitan transportation authority does not develop a five-year accessibility plan, the office shall conduct outreach with such agency or entity to share best practices and recommendations regarding accessibility with such agency or entity.
2. No later than 90 days after the outreach required by paragraph 1 of this subdivision, if an agency or entity does not develop a five-year accessibility plan, the office shall post on its website a statement that such agency or entity did not develop such plan and a summary of the best practices and recommendations that the office shared with such agency or entity pursuant to paragraph 1 of this subdivision.
g. Annual reporting. Beginning May 1, 2025, and annually thereafter, each agency shall post on its website a report of the progress such agency has made in the previous fiscal year towards achieving the goals of the agency's five-year accessibility plan. Such reports shall also be submitted to the office, which shall submit such reports to the mayor and the speaker of the council on or before June 30, 2025 and annually thereafter.
h. Triennial reporting. Beginning May 1, 2027, and triennially thereafter, each agency shall post on its website an updated five-year accessibility plan. Such updated plans shall also be submitted to the office, which shall submit such updates to the mayor and the speaker of the council on or before May 15, 2027 and triennially thereafter.
(L.L. 2023/012, 1/21/2023, eff. 1/21/2023)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Accommodation. The term "accommodation" means an adjustment or a modification that enables a student at an institution of higher education with a documented disability to participate as fully as possible in such institution, including, but not limited to, recording lectures or extended time for test-taking.
Higher education. The term "higher education" has the same meaning as is ascribed to such term in subdivision 8 of section 2 of the education law.
Individualized education program. The term "individualized education program" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.
Office. The term "office" means the mayor's office for people with disabilities or any other agency or office designated by the mayor.
Section 504 plan. The term "section 504 plan" means an accommodation plan provided to a student pursuant to section 504 of the rehabilitation act of 1973.
Special education services. The term "special education services" means services that a student receives through an individualized education program or a section 504 plan.
Student advocate. The term "student advocate" means an advocate designated by the office who provides information and support to students regarding obtaining accommodations at institutions of higher education, and who shall not be a pedagogical employee of the department of education.
Student with a disability. The term "student with a disability" means a student of a New York city public high school who receives special education services.
b. Program established. The office, in consultation with the department of education and relevant stakeholders, shall develop and manage a program, consistent with any applicable federal, state or local laws, to help advise students about how to obtain accommodations at institutions of higher education. As part of such program, the office shall:
1. In consultation with relevant agencies, develop and implement a system to facilitate the electronic sharing of information about such students' special education services by the department of education with institutions of higher education, for which sharing the department of education shall have obtained any consent required by federal, state or local law. Such system shall allow a student, a student's parent or a student's person in parental relation, as defined in subdivision 10 of section 2 of the education law, to provide consent for the department of education to share such information;
2. Utilize student advocates to assist such students;
3. Post information on its website about how to obtain accommodations at institutions of higher education; and
4. Ensure such program complies with any applicable federal, state or local laws, including, but not limited to, those related to the education and privacy of such students.
c. Outreach. Not later than 30 days after the effective date of the local law that added this section, and continuing thereafter, the office, in consultation with relevant agencies and stakeholders, shall conduct culturally appropriate outreach on the program established by subdivision b of this section. Such outreach shall include, but need not be limited to, the following:
1. Creating a webpage that provides current information, made available in the designated citywide languages as defined in section 23-1101, regarding such program, including, but not limited to, a description of such program, contact information, eligibility information, and information about how to participate;
2. Provide culturally appropriate outreach materials regarding such program to the department of education for distribution to each student with a disability who will be graduating from high school in the current school year and such student's parent or person in parental relation; and
3. Collaborating with relevant agencies and stakeholders to enhance awareness of such program, including, but not limited to, posting culturally appropriate information about such program on the websites of such agencies and stakeholders.
d. Reporting.
1. No later than one year after the effective date of the local law that added this section, and annually thereafter, the office shall report on the program established by subdivision b of this section to the mayor and the speaker of the council and post such report on the office's website. Such annual reports shall include, but need not be limited to, the following information for the previous year:
(a) The number of students who participated in such program, to the extent known;
(b) A description of the assistance that such program provided such students;
(c) A description of the system established pursuant to paragraph 1 of subdivision b of this section;
(d) A description of the duties of student advocates; and
(e) An evaluation of the outreach required by subdivision c of this section, including, but not limited to, recommendations to improve such outreach, recommendations to improve utilization of such program and any resources needed to implement such recommendations.
2. No information that is required to be reported pursuant to this subdivision shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information.
(L.L. 2023/018, 2/1/2023, eff. 7/31/2023)