Common Violations of the APA: Coursework Regarding Disability Access Requirements
Licensees are required to complete five hours of coursework on disability access requirements within the previous two years and to certify to the Board, as part of the license renewal process, that they have completed the required coursework, as outlined in BPC 5600.05(a) and (b). The coursework regarding disability access requirements must include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101–336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Additionally, the coursework must be presented by trainers or educators with knowledge and expertise in disability access requirements.
Additionally, licensees are required to retain records of completion of the required coursework for two years from the date of license renewal and to make those records available to the Board for auditing upon request. The records should include information such as the course title, subjects covered, name of the provider and trainer or educator, date of completion, number of hours completed, and a statement about the trainer’s or educator’s knowledge or expertise in disability access requirements.
The Board has found that several licensees have certified false or misleading information regarding their compliance with this requirement when filing their license renewal applications with the Board. Specifically, the Board’s audit has revealed instances where licensees have: 1) completed the required coursework after submitting their license renewal applications to the Board and being notified of a Board audit; 2) completed the required coursework more than two years prior to license renewal; 3) completed coursework that was not regarding disability access requirements; 4) failed to maintain records of completion of the required coursework for two years from the date of license renewal; or 5) failed to provide the Board with records of completion of the required coursework upon request.