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PENNSYLVANIA RULES OF JUDICIAL ADMINISTRATION
DISABILITY AND LANGUAGE ACCESS
DISABILITY ACCESS
Rule 250. Policy
Rule 251. Scope
It is the policy of the Unified Judicial System (UJS) to prohibit discrimination
against any individual with a disability, as defined by the Americans with Disabilities
Act (“ADA”), 42 U.S.C. §§ 12131 et seq., in accessing or participating in judicial
proceedings or other services, programs, or activities of the UJS.
These rules shall apply to each UJS entity which includes, but is not limited to, all
appellate courts, judicial districts, boards, committees, and agencies under the
administrative authority of the Supreme Court. These rules relating to reasonable
accommodations under Title II of the ADA do not supersede either the requirements of
42 Pa.C.S. §§ 4401 et seq., relating to Court Interpreters for Persons Who Are Deaf or
Hard of Hearing, or the Administrative Regulations Governing Language Access for
Persons with Limited English Proficiency and for Persons Who Are Deaf or Hard of
Hearing, 204 Pa. Code §§ 221.101 et seq.
Note: The Administrative Regulations Governing Language Access for Persons
with Limited English Proficiency and for Persons Who Are Deaf or Hard of Hearing (204
Pa. Code §§ 221.101 et seq.) and 42 Pa.C.S. §§ 4401 et seq. provide standards for
court interpreters in judicial proceedings. “Judicial proceeding” is defined, in pertinent
part, as “an ‘action,’ ‘appeal’ or ‘proceeding’ in any court of this Commonwealth.” 2
Pa.C.S. § 101. Title II of the ADA requires an interpreter for the deaf or hard of hearing
for all programs, services, or activities of the UJS. See 42 U.S.C. § 12132; 28 C.F.R. §
35.160.
Rule 252. Reasonable Accommodations
A.
B.
Each UJS entity shall develop a written policy to receive and process
requests for reasonable accommodations from individuals with disabilities.
The policy shall be posted on the UJS website, each UJS entity’s respective
website, and in each courthouse and office in the court system.
All policies developed must be substantially similar to the policy appended
to this Rule (Appendix A) and shall contain, at a minimum, the following
elements:
1. Appointment of an ADA coordinator – the coordinator must be identified
on all court or program materials and the following information shall be
provided: the coordinator’s name, work address, work fax number or e-
mail address, and work telephone number.
2. Notice of the right to request free accommodation(s).
3. Explanation of the process for requesting accommodation(s).
4. Timeline for request and response.
C.
D.
Each UJS entity shall develop a form substantially similar to the one
appended to this rule (Appendix A) for processing requests for reasonable
accommodations.
Each UJS entity shall adopt and publish a grievance procedure,
substantially similar to the procedure appended to this rule (Appendix B),
for requests that have been denied in whole or in part. Any denial of an
accommodation request based upon undue burden or fundamental
alteration to services and programs shall be put in writing by the head of
the entity or his or her designee and shall provide specific reasons for the
denial.
Note: In 2014, each UJS entity was required to provide the Administrative
Office with a copy of their ADA policy and form and their grievance procedure and
form, as outlined in sections A-D above.
APPENDIX A - Sample policy and forms
APPENDIX B - Sample grievance procedure including form
APPENDIX A
AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
he Unified Judicial System of Pennsylvania (UJS) complies with Title II of the
Americans with Disabilities Act (ADA) which provides that “no qualified individual
with a disability shall, by reason of such disability, be excluded from participation
in or be denied the benefits of the services, programs, or activities of a public
entity, or be subjected to discrimination by any such entity”. 42 U.S.C.A. §12132.
Pursuant to that requirement, if you are an individual with a disability who needs
an accommodation in order to participate in any judicial proceeding or any other
service, program, or activity of the UJS, you are entitled, at no cost to you, to the
provision of certain assistance. The ADA does not require the (UJS entity name
here) to take any action that would fundamentally alter the nature of its programs
or services, or impose an undue financial or administrative burden.
If you require an accommodation under the ADA, it is recommended that you
make your request as soon as possible or at least three (3) business days before
your scheduled participation in any court proceeding or UJS program or activity.
All requests for accommodation, regardless of timeliness, will be given due
consideration and if necessary, may require an interactive process between the
requestor and the (name of UJS entity) to determine the best course of action.
To request a reasonable accommodation, please complete the Request for
Reasonable Accommodation Form (Appendix B) and return it to:
ame(s), Business Address(es), Fax Number(s) and / or e-mail address(es),
Telephone Number(s) of the ADA Coordinator
f you need assistance completing this form, contact the ADA Coordinator.
Complaints alleging violations of Title II under the ADA may be filed pursuant to
the UJS Grievance Procedure with (name and contact information of individual
who handles grievance procedures). A response will be sent to you after careful
review of the facts.
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Phone:
Email:
Mobile:
Bus. Phone/
Mobile:
Fax:
Email:
TTY:
Case #:
Case Name:
Judge:
Proceeding
Date:
Proceeding
Type:
Fax:
Email:
Date to
Provider:
APPENDIX A
FOR USE BY JUDICIAL DISTRICTS ONLY
UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA
AMERICANS WITH DISABILITES ACT ACCOMMODATION (ADA) TITLE II REQUEST FOR REASONABLE ACCOMMODATION FORM
(INCLUDES REQUEST FOR INTERPRETER FOR HEARING /SPEECH IMPAIRED)
Litigant
Plaintiff
Parent
Child
Witness
Attorney
Victim
Juror
Client Information – Section A
Name:
Address:
Please check the box that most closely describes your status in this matter:
Other (please explain)
Defendant
Requestor Information (if different from above)
Name:
Address:
Relationship
to Client:
Accommodation
Nature of the disability for which an accommodation is requested:
Accommodation requested:
Location of Proceeding
Magisterial District Court No.
District Judge Name:
Proceeding Information (if known)
Criminal Division
Civil Division
Orphans’ Court Division
Family Division
Adult
Juvenile
Specify Address:
AFTER COMPLETING THE FORM, PLEASE SEND TO: COUNTY ADA COORDINATOR
Proceeding
Time:
hereby certify that an Americans with Disabilities Act accommodation is required in the above-captioned action on the date stated.
Signature:
Date:
Court Official Verification – Section C
VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.
hereby verify that the services were performed by the provider in the above-captioned action on the date and time stated.
Start Date
& Time:
Court Official:
(Please print name)
Title:
End Date
& Time:
Signature:
Date:
12/12/12
FOR OFFICIAL USE ONLY
Service Provider Information - Section B
A SERVICE REQUEST HAS BEEN MADE FOR THE CLIENT NAMED ABOVE.
Service Provider
Company:
Individual
Interpreter Name:
Bus. Phone/
Mobile:
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APPENDIX A
UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA
AMERICANS WITH DISABILITES ACT ACCOMMODATION (ADA) TITLE II REQUEST FOR REASONABLE ACCOMMODATION FORM
(INCLUDES REQUEST FOR INTERPRETER FOR HEARING /SPEECH IMPAIRED)
Client Information – Section A
Name:
Address:
Please check the box that most closely describes your status in this matter:
Other (please explain)
Defendant
Requestor Information (if different from above)
Litigant
Plaintiff
Parent
Child
Witness
Attorney
Victim
Juror
Phone:
Email:
Mobile:
Bus. Phone/
Mobile:
Fax:
Email:
TTY:
Proceeding Information (if known)
Case #:
Case Name:
Judge:
Proceeding
Date:
Proceeding
Type:
Fax:
Email:
Date to
Provider:
Accommodation
Nature of the disability for which an accommodation is requested:
Name:
Address:
Relationship
to Client:
Accommodation requested:
Location of Proceeding
Name of Office:
Address:
FOR OFFICIAL USE ONLY
Service Provider Information - Section B
A SERVICE REQUEST HAS BEEN MADE FOR THE CLIENT NAMED ABOVE.
Service Provider
Company:
Individual
Interpreter Name:
Bus. Phone/
Mobile:
AFTER COMPLETING THE FORM, PLEASE SEND TO: ADA COORDINATOR
hereby certify that an Americans with Disabilities Act accommodation is required in the above-captioned action on the date stated.
Signature:
Date:
Proceeding
Time:
Court Official Verification – Section C
VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.
hereby verify that the services were performed by the provider in the above-captioned action on the date and time stated.
Start Date
& Time:
Court Official:
(Please print name)
Title:
End Date
& Time:
Signature:
Date:
12/12/12
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APPENDIX B
Americans with Disabilities Act (Title II) Grievance Procedure
his grievance procedure is established for the prompt resolution of complaints
alleging any violation of Title II of the Americans with Disabilities Act (ADA) in the
provision of services, programs, or activities by the Unified Judicial System
(UJS). If you require a reasonable accommodation to complete this form, or
need this form in an alternate format, please contact [ADA coordinator
information].
o file a complaint under the Grievance Procedure please take the following
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steps:
1. Complete the complaint form and return to [ADA Coordinator or
designated individual]. Alternative means of filing complaints will be
made available for persons with disabilities upon request. The
complaint should be submitted as soon as possible but no later than
sixty (60) calendar days after the alleged violation.
2. Within fifteen (15) calendar days of receipt of the complaint, the [ADA
Coordinator or designated individual] will investigate the complaint,
including, meeting with the individual seeking an accommodation, either
in person or via telephone, to discuss the complaint and the possible
resolutions. Within fifteen (15) calendar days of the meeting, the [ADA
Coordinator or designated individual] will respond in writing, and where
appropriate, in a format accessible to the complainant, such as large
print, Braille, or audio. The response will explain the position of the
[name of UJS entity] and offer options for substantive resolution of the
complaint.
. If the response to the complaint does not satisfactorily resolve the
issue, the complainant may appeal the decision within fifteen (15)
calendar days after receipt of the response to [designated individual].
Within fifteen (15) calendar days after receipt of the appeal, the
[designated individual] will meet with the complainant to discuss the
complaint and possible resolutions. Within fifteen (15) calendar days
after the meeting, the [designated individual] will respond in writing,
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and, where appropriate, in a format accessible to the complainant, with
a final resolution of the complaint.
This grievance procedure is informal. An individual’s participation in this informal
process is completely voluntary. Use of this grievance procedure is not a
prerequisite to and does not preclude a complainant from pursuing other
remedies available under law.
he UJS Policy on Non-Discrimination and Equal Employment Opportunity also
encompasses disability-related issues and provides complaint procedures for
UJS court users. Any employment-related disability discrimination complaints
will be governed by the UJS Policy on Nondiscrimination and Equal Employment
Opportunity.
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APPENDIX B
UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA
AMERICANS WITH DISABILITES ACT (ADA) TITLE II
GRIEVANCE FORM
Grievant Information
Alternative Contact Person (other than Grievant)
Home Phone
(include area code):
Business Phone
(include area code):
Mobile Phone
(include area code):
Home Phone
(include area code):
Business Phone
(include area code):
Relationship
To Client:
Court Service, Program or Facility Allegedly in Violation
Date and Location of Alleged Violation (dd/mm/yyyy)
Description of Alleged Violation and Requested Remedy
Has this case been filed with the Department of Justice or other government agency or court?
If You Answered “Yes” to the Previous Question, Complete the Following
Contact Person:
Phone
(include area code):
Date Filed:
Grievant Name:
Address:
Name:
Address:
Yes No
Agency or Court:
Address:
Other Comments
Signature: ________________________________________________ Date: __________________________________________
