§ 42-51-9 - Definitions.
SECTION 42-51-9
§ 42-51-9 Definitions. – The following words and terms, unless the context clearly indicates a differentmeaning, shall have the following meanings:
(1) "Disability" means a disability as defined in §42-87-1.
(2) "Federal and state laws protecting the rights ofindividuals with disabilities" means, but is not limited to, the Americans withDisabilities Act of 1990, 42 U.S.C. § 12101 et seq.; Title V of theRehabilitation Act of 1973, 29 U.S.C. § 794; R.I. Const., art. I, §2; the provisions of chapter 87 of title 42 and §§ 23-6.3-11,37-8-15, 37-8-15.1 and 42-46-13.
(3) "State agency" means any department, division, agency,commission, board, office, bureau, council, or authority, either branch of theRhode Island general assembly or any agency or any committee thereof, or anyother agency that is in any branch of Rhode Island state government and whichexercises governmental functions.
(4) "Coordinating compliance" means the authority to:
(i) Issue guidelines, directives, or instructions that arenecessary to effectuate compliance with federal and state laws protecting therights of individuals with disabilities;
(ii) Establish a grievance procedure to promptly andequitably resolve complaints of noncompliance with federal and state lawsprotecting the rights of individuals with disabilities involving stateagencies, including the power to investigate possible discrimination andeliminate unlawful practices by informal methods of conference, conciliation,and persuasion;
(iii) Initiate complaints against any state agency thatwillfully fails to comply with federal and state laws protecting the rights ofindividuals with disabilities to the appropriate state or federal agency; and
(iv) Develop, make periodic revisions to, and oversee theimplementation of a transition plan for the removal of environmental andcommunication barriers in state-owned facilities.
(5) "Providing technical assistance to public and privateagencies, businesses, and citizens on complying with federal and state lawsprotecting the rights of individuals with disabilities" means informationdissemination and training designed to encourage the voluntary compliance withlaws protecting the rights of individuals with disabilities; conductingdisability accessibility surveys and providing advice on how to overcome anybarriers to accessibility; and a mediation service to assist parties whovoluntarily chose to utilize that service to resolve allegations ofdiscrimination on the basis of disability.
(6) "Promoting on behalf of the people with disabilities andassuring, on behalf of the state, that people with disabilities are affordedthe opportunities to exercise all of the rights and responsibilities accordedto citizens of this state" means the authority to act and appear on behalf ofthe people with disabilities to present evidence and make arguments before anyfederal, state or local agency or public body regarding matters pending beforethat agency or public body that may have an adverse effect on persons withdisabilities.