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In re Promulgation of Rules of Judicial Administration 250

Supreme Court of Pennsylvania

March 3, 2014

IN RE: Promulgation of Rules of Judicial Administration 250, 251, and 252 Reasonable Accommodations Under Title II of the Americans with Disabilities Act

Judicial Administration Docket

ORDER

PER CURIAM:

AND NOW, this 3rd day of March, 2014, the proposal having been submitted without publication in the interests of justice and efficient administration, IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rules of Judicial Administration 250, 251, and 252 are promulgated as attached hereto.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective immediately.

PENNSYLVANIA RULES OF JUDICIAL ADMINISTRATION

REASONABLE ACCOMMODATIONS UNDER TITLE II OF THE AMERICANS WITH DISABILITIES ACT RULE 250. POLICY

It is the policy of the Unified Judicial System 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 Unified Judicial System.

RULE 251. SCOPE

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.A. § 4401 et seq., relating to Court Interpreters for Persons who are Deaf or Hard of Hearing, or the Administrative Regulations Governing Court Interpreters for Persons who are Deaf or Hard of Hearing.

Note: The Administrative Regulations Governing Court Interpreters for Persons who are Deaf or Hard of Hearing (204 Pa. Code §101 et seq.) and 42 Pa.C.S.A. § 4401 et seq. provide standards for court interpreters in judicial proceedings. "Judicial proceeding" is defined 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. 42 U.S.C.A. §12132; 28 C.F.R. §35.160.

RULE 252. REASONABLE ACCOMMODATIONS

A. 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 each UJS entity's respective website and in each facility.
B. 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 ...

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