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ADA and Section 504 Compliance Policy & Grievance Procedure

Policy Statement

It is the policy of the Virginia Department for Aging and Rehabilitative Services (DARS) to provide access to its programs and services for Virginians with disabilities in accordance with Title II of the Americans with Disabilities Act (ADA) of 1990 as amended and the Rehabilitation Act of 1973 (Section 504).

Most requirements of Title II are based on Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in federally assisted programs and activities. Section 504 also applies to programs and activities conducted by Federal Executive agencies. The ADA similarly extends Section 504's nondiscrimination requirement to all activities of state and local governments, not only those that receive federal financial assistance.

Section 504 was implemented in 1977 for federally assisted programs in regulations issued by the Department of Health, Education, and Welfare.  Later, other federal agencies issued their own regulations for the programs and activities that they funded.  Public entities should be familiar with those regulations from their experience in applying for federal grant programs.  As mandated by the ADA, the requirements for public entities under Title II are consistent with and, in many areas, identical to the requirements of the Section 504 regulations.

The ADA, however, also mandates that the Title II regulations be consistent with the concepts of the ADA.  Therefore, the Title II regulations include language that is adapted from other parts of the ADA but not specifically found in Section 504 regulations.

Oversight of compliance activities is the responsibility of the ADA Coordinator and all inquiries concerning DARS’ efforts to make its programs and services accessible to persons with disabilities should be directed to:

Scott A Grimes, ADA Coordinator
Virginia Department for Aging and Rehabilitative Services
8004 Franklin Farms Drive
Henrico, Virginia 23229-5019
Phone:  804-726-1917 (Voice) |  800-464-9950 (TTY)
Fax: 804-662-7662

Inquires related to the Wilson Workforce & Rehabilitation Center (WWRC) should be sent to:

Alison Shaner, WWRC VR Director
WWRC Valley District
P.O. Box 1500
Fishersville, VA 22939-1500
Phone:  540-332-7000 (Office) |  540-332-7239 (TTY)
Fax: 540-332-7132

Grievance Procedure

DARS has established the following grievance procedure to address alleged violations of the ADA by DARS staff.  Individuals with disabilities are not required to use this procedure before filing a compliant with a federal or state agency, or filing a lawsuit.

Grievances should be filed in writing using the DARS ADA Grievance Form.  Upon request, alternative means of filing a grievance may be made available for persons with disabilities.

Grievances should be submitted to the ADA Coordinator as soon as possible but no later than 90 calendar days after the alleged violation.

Within 15 calendar days upon receipt of the written grievance, the ADA Coordinator will contact the grievant or his/her designated representative to discuss possible resolutions.  Within 15 calendar days after the discussion, the ADA Coordinator will respond in writing to the grievant and/or designated representative.

If the issue is not resolved by the response of the ADA Coordinator, within 15 calendar days of receiving the response, the grievant or his/her designee may appeal to the DARS Commissioner.

Kathryn Hayfield, Commissioner
Virginia Department for Aging and Rehabilitative Services
8004 Franklin Farms Drive
Henrico, Virginia 23229-5019
Phone:  804-662-7010

Grievance File Maintenance and Policy Posting

All written grievances and appeals received by DARS; responses, and other documents related to the grievance will be maintained by DARS for three years.

The DARS ADA Policy and Grievance Procedure will be posted on the DARS website. Upon request, it may be made available in alternative formats by contacting the ADA Coordinator.

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© Virginia Department for Aging and Rehabilitative Services, Commonwealth of Virginia