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FOIA and ADA

legal icon ADA

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination on the basis of disability in many circumstances. The law includes five main parts, or “titles,” including:

  • Title I, which covers many employment situations
  • Title II, which covers all services and programs of state and local governments (public transportation, recreation programs, courts, jails and prisons, libraries, employment, and much more)
  • Title III, which covers public accommodations (private businesses that serve the public, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, taxi companies, museums, amusement parks, day care centers, and many more)
  • Title IV, which covers certain telecommunications services
  • Title V, which includes some miscellaneous, but significant, provisions

Learn more about the ADA at the Mid-Atlantic ADA Center's website.

The Department of Justice operates a toll-free ADA Information Line to provide information and materials to the public about the requirements of the ADA.

ADA specialists, who assist callers with understanding how the ADA applies to their situation, are available are available Monday, Tuesday, Wednesday and Friday from 9:30 a.m. to 5:30 p.m. (Eastern Time) and on Thursday from 12:30 p.m. to 5:30 p.m. (Eastern Time). Calls are confidential.

To get answers to technical questions, obtain general ADA information, order free materials, or ask about filing a complaint please call: 800-514-0301 (voice) or 800-514-0383 (TTY)  

The Virginia Board for People with Disabilities does not discriminate on the basis of disability in its programs or activities.

Employment: The Virginia Board for People with Disabilities does not discriminate on the basis of disability in its hiring or employment practices and complies with the ADA Title I employment regulations.

Effective Communication: The Virginia Board for People with Disabilities will, upon request, provide appropriate aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The Virginia Board for People with Disabilities will make reasonable modifications to policies and procedures to ensure that people with disabilities have an equal opportunity to enjoy programs, services, and activities. For example, people with service animals are welcomed in the VBPD offices and at all VBPD programs and activities, even where pets and other animals are prohibited.

Requests: To request an auxiliary aid or service for effective communication, or a modification of policies or procedures contact Henry Street, ADA Coordinator, as soon as possible, but no later than 48 hours before the activity or event.

Complaints: Send complaints to Henry Street, contact information below.

VBPD ADA Coordinator Contact Information:
Henry Street, Director of Administration
ADA Coordinator - VBPD Programs and Operations
Virginia Board for People with Disabilities
1100 Bank Street, 7th Floor 
Richmond, VA 23219

804-786-7335
800-846-4464
henry.street@vbpd.virginia.gov

 Rights and Responsibilities

The Rights of Requesters and the Responsibilities of the Virginia Board for People with Disabilities under the Virginia Freedom of Information Act

The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et. seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.

A public record is any writing or recording - regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format - that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.

The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

 Your FOIA Rights

  • You have the right to request to inspect or receive copies of public records, or both.
  • You have the right to request that any charges for the requested records be estimated in advance.
  • If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.

 Making a Request for records from the Virginia Board for People with Disabilities

  • You may request records by U.S. Mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing, nor do you need to specifically state that you are requesting records under FOIA.
    • From a practical perspective, it may be helpful to both you and the person receiving your request to put your request in writing. This allows you to create a record of your request. It also gives us a clear statement of what records you are requesting, so that there is no misunderstanding over a verbal request. However, we cannot refuse to respond to your FOIA request if you elect to not put it in writing.
  • Your request must identify the records you are seeking with "reasonable specificity." This is a common-sense standard. It does not refer to or limit the volume or number of records that you are requesting; instead, it requires that you be specific enough so that we can identify and locate the records that you are seeking.
  • Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of the Virginia Board for People with Disabilities, nor does it require the Virginia Board for People with Disabilities to create a record that does not exist.
  • You may choose to receive electronic records in any format used by the Virginia Board for People with Disabilities in the regular course of business.
    • For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via e-mail or on a computer disk, or to receive a printed copy of those records
  • If we have questions about your request, please cooperate with staff's efforts to clarify the type of records that you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand what records you are seeking.

    • To request records from the Virginia Board for People with Disabilities, you may direct your request to:
        Lorraine Blackwell, Director of Communications
        1100 Bank Street, 7th Floor, Washington Office Building
        Richmond, VA 23219
        fax 804-786-1118
        Email: Lorraine.Blackwell@vbpd.virginia.gov.

    In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA.
    The Council may be contacted by e-mail at:
    foiacouncil@dls.virginia.gov
    or by phone at (804) 225-3056 or [toll free] 1-866-448-4100.

 The Virginia Board for People with Disabilities' Responsibilities in Responding to Your Request

  • The Virginia Board for People with Disabilities must respond to your request within five working days of receiving it. "Day One" is considered the day after your request is received. The five-day period does not include weekends or holidays.
  • The reason behind your request for public records from the Virginia Board for People with Disabilities is irrelevant, and we cannot ask you why you want the records before we respond to your request. FOIA does, however, allow the Virginia Board for People with Disabilities to ask you to provide your name and legal address.
  • FOIA requires that the Virginia Board for People with Disabilities make one of the following responses to your request within the five-day time period:
    1. We provide you with the records that you have requested in their entirety.
    2. We withhold all of the records that you have requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, we must send you a response in writing. That writing must identify the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records.
    3. We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
    4. If it is practically impossible for the Virginia Board for People with Disabilities to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request, giving us a total of 12 working days to respond to your request.
  • If you make a request for a very large number of records, and we feel that we cannot provide the records to you within 12 days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.

 Costs

  • You may have to pay for the records that you request from the Virginia Board for People with Disabilities. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
  • If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
  • You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.
  • If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, the Virginia Board for People with Disabilities may require payment of the past-due bill before it will respond to your new FOIA request.

 Commonly Used Exceptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. The Virginia Board for People with Disabilities commonly withholds records subject to the following exemptions:

  • Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
  • Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
  • Vendor proprietary information (§ 2.2-3705.1 (6))
  • Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))