The Tennessee Arts Commission is committed to providing access to the arts in its programs and services for all Tennesseans, including people with disabilities and members of other underserved constituency groups. Artists and organizations representing Tennessee's diverse artistic and cultural heritage are urged to apply and participate in the Commission's programs and activities.

The goal of the Americans with Disabilities Act (ADA) is to insure that people with disabilities have the same opportunities to participate in everyday activities and programs. Therefore the Tennessee Arts Commission adopts the following accessibility statement:

No person on the basis of race, color, national origin, disability, age, religion, or sex shall be excluded from participation in, or be denied benefits of, or otherwise be subject to discrimination of services, programs, and employment provided by the TAC and its contracting agencies

If an individual believes he or she has been subjected to discrimination or to request an accommodation, he or she should contact the Director of Arts Access and Accessibility Coordinator at 615-532-9797 or Tennessee Relay Center 1-800-848-0298 (TTY) or 1-800-848-0299 (Voice).

OBLIGATION FOR COMPLIANCE

The Tennessee Arts Commission is a recipient of federal financial support from the National Endowment for the Arts and other federal agencies. As a recipient of Tennessee Arts Commission funds, your organization is subject to compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. In addition, there are other federal laws that are noted on the Assurances section of the grant application form and subsequent grant contracts that require your organization's compliance. Please read those documents carefully and know that by signing them, you are guaranteeing the compliance of your organization.

OVERVIEW OF SECTION 504 AND ADA

The following information is a brief overview of Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990. Please note that this is only an overview and that there are links throughout this section that will direct you to the actual laws and/or to documents that more thoroughly explain your organization's compliance obligations.

What Is Section 504 and The Americans with Disabilities Act ( ADA )?

Section 504 of the Rehabilitation Act of 1973 is the federal law that prohibits discrimination on the basis of disability from organizations that receive federal funding. According to Section 504, any organization that receives federal funding is required to make its programs and activities accessible to people with disabilities.

You may visit the National Endowment for the Arts Web site to download a copy of the Section 504 Self Evaluation Workbook.

The ADA stands for the Americans with Disabilities Act of 1990. It is the federal law that prohibits discrimination on the basis of disability in employment, state and local; government services, public accommodations, commercial facilities, transportation and telecommunications. ADA goes beyond federally funded organizations in its scope to encompass private sector entities that serve the public, including cultural organizations.

For ADA Regulations and Technical Assistance Manuals visit the United States Department of Justice Web.

What is a disability?

The ADA and Section 504 of the Rehabilitation Act defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is regarded as having such an impairment.

What is a reasonable accommodation?

A reasonable accommodation is any adjustment or change in a work environment that will allow a qualified individual with a disability to perform an essential job function. Accommodations in programs could include changes in practices, policies and procedures (such as providing adaptive devices) that would allow an individual with a disability the opportunity to communicate or participate in a program. For more information on reasonable accommodations read Small Employers and Reasonable Accommodations.

What is an undue hardship/undue burden?

The ADA defines an undue hardship as an action requiring significant difficulty or expense for the business/employer. The following factors are usually considered:

•  the nature and cost of the proposed accommodation

•  the overall financial resources of the business and the effect of the accommodation upon expenses and resources

•  the impact of the accommodation upon the operation of the facility

For more information on undue hardship in employment, visit the US Department of Labor's website.

The definition of undue burden is the same as undue hardship, the standard applied in employment under title I of the ADA and Section 504.

What is a self-evaluation?

According to the US Department of Justice, a self-evaluation is a public entity's assessment of its current policies and practices. The self-evaluation identifies and corrects those policies and practices that are inconsistent with title II's requirements. All public entities must complete a self-evaluation by January 26, 1993.

Resoucres

The National Arts and Disability Center (NADC)
An organization devoted to the full inclusion of artists and audiences with disabilities into all facets of the arts community. Visit this site for a varoety of services, resources, and opportunities for artists with disabilities.

The Tennessee Arts Commission
The Tennessee Arts Commission provides free copies of Design for Accessibilty: A Cultural Administrator's Handbook for its grantees or any non profit organizations with a desire to provide accessible facilities and programs for people with disabilities. For your free copy, call 615-532-9797 or Tennessee Relay Center 1-800-848-0298 (TTY) or 1-800-848-0299 (Voice).

Tennessee Disability Pathfinder
The Tennessee Disability Pathfinder is a statewide directory of disability services and supports for any disability at any age. The Tennessee Disability Pathfinder publishes the Tennessee Disability Services & Support Directory, a statewide directory in three regional volumes (East, Middle and West Tennessee). The Pathfinder maintains the Pathfinder Disability Calendar, an interactive calendar of training and other disabilty-related events. Organizations post events to this calendar, the most comprehensive web listing of Tennessee disabilty events.

The following links will direct you to self evaluation forms and publications that may assist you in your compliance efforts:

The National Endowment for the Arts
Accessibility checklists and publications

Adaptive Environments
Checklist for Existing Facilities

Adaptive Environments
Resources and Publications for Cultural Facilities

The Department of Justice
Software accessibility