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North Carolina
14
To ensure effective communication and meaningful access to programs and services, individuals with disabilities will be notified of the availability of services at no cost. Such services may include, but are not limited to, sign language interpretation and foreign language interpretation services.
Documents notifying applicants and program participants of adverse actions will be communicated in plain language; will be provided in the applicant or program participant’s primary language; or will advise the program participant how to have the document interpreted free of charge.
The Division will track statistical information as it relates to individuals with disabilities.
The Personal Responsibility and Work Opportunity Reconciliation Act requires that Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) apply to TANF programs. The ADA (42 USC Section 12101 et seq.; 28 CFR Part 35) applies to counties and other local governments administering all or part of the TANF program, and Section 504 (29 USC Section 794; 45 CFR Part 84) applies to entities which receive federal funding, either directly or indirectly, through a grant, contract, or subcontract. The two significant elements of Section 504 and Title II of the ADA are:
Individualized treatment and; Effective and meaningful opportunity.
Individualized treatment means that individuals with disabilities should be treated on a case-by- case basis and not on stereotypes and generalizations. Further, individuals with disabilities must be afforded the opportunity to benefit from Work First in the same manner as those individuals who do not have disabilities. Exempting individuals with disabilities from work requirements denies these individuals access to services and may result in discrimination.
Section 504 and ADA requires that agencies:
Ensure equal access to employment programs for qualified individuals with disabilities through the provision of appropriate services; Adopt methods of administration which do not discriminate against and ensures equal access and opportunity to qualified individuals with disabilities; and Modify policies, practices, and procedures to provide equal access that allows qualified individuals with disabilities to participate in and benefit from employment programs unless doing so would fundamentally change the program or cause an undue hardship.
Qualified individuals with disabilities must be provided reasonable accommodations so they have an opportunity to participate in and benefit from services and programs that are as effective and meaningful as those available to individuals without disabilities. A reasonable accommodation is any reasonable change in the way the Work First program administers the program or the way it requires the participant to do something. Exempting the Work First participant for “good cause” when they are unable to meet work requirements because they have a disability or are caring for a family member with a disability is not an alternative to evaluating the need for accommodations.