HIRE A CASp
WHAT IS CASp – CERTIFIED ACCESS SPECIALIST PROGRAM
A Certified Access Specialist is a person that business and property owners can be assured is qualified and certified by the state of California as an expert in disability access laws. The CASp Program sets up a process for business and property owners to voluntarily hire an expert to inspect buildings to ensure compliance with disability access standards and obtain an inspection report as proof they did so.
CASp PROGRAM:
WHO CAN QUALIFY TO BECOME A CASp?
Becoming a CASp is quite difficult. Only a handful of professions can even qualify to take the test. Some of those qualified to become a CASp include building officials, licensed architects, general contractors or structural engineers. Beyond requiring such relevant experience, one must also have a minimum of four years of experience to be eligible. There are currently just over 900 people certified by the CASp Program. The exam is given three times a year with a typical passing rate under 30%.
BENEFITS OF CASp
60-DAY STAY
A stay is a temporary halting of all litigation. A major benefit of halting litigation temporarily is that attorneys will not be able to engage in motions or discovery and other activities that incur expensive attorneys’ fees.
EARLY EVALUATION CONFERENCE (EEC)
The EEC is a court-run conference between the parties, at which the parties will have the opportunity to explore whether the lawsuit can be settled. For example, if the lawsuit is based on an alleged violation that would be easy for the business to fix, and the business is willing to resolve the issue quickly, the parties will be able to discuss whether further litigation is necessary.
How to request the stay and EEC. A defendant must file a request form with the court within 30 days of being sued. The appropriate form is required to be delivered with the lawsuit, but all necessary forms and instructions also will be made available on the state’s court self-help website later this year.
QUALIFIED DEFENDANTThe owner/tenant must be a qualified defendant in order to receive the benefits of the 60-day stay and an early evaluation conference (EEC). To become a qualified defendant a CASp must be employed, conduct a site survey and submit a completed report. The place of public accommodation that was inspected does not have to be fully accessible. It can be “determination is pending” which means that access barriers have been identified and a plan to eliminate the barriers has been written.
The owner/client needs to have the completed report prior to the date of being served with a summons and complaint in an action.
A defendant must provide the CASp inspection report. No later than 15 days before the EEC, the defendant absolutely must file with the court and provide the plaintiff with a copy of the CASp inspection report. If the defendant does not do so, the court may lift the stay absent a showing of good cause. The confidentiality of the report must be maintained until the conclusion of the lawsuit.
The plaintiff, in turn, must provide the court and defendant with a statement that includes the basis for the claimed violations, amount of damages claimed, amount of attorney’s fees and costs incurred to date, and any settlement demands.
State – SB 1608
In California, SB 1608 has established the Certified Access Specialist Program (CASp). The benefits of CASp apply to properties that have been inspected by an individual who is CASp-certified before a construction-related accessibility claim occurs. A licensed access specialist is the definitive authority for conducting an inspection to verify the conditions.
An ADA inspector who conducts a CASp Inspection, provides many benefits, especially when dealing with an ADA lawsuit. Among other things, the law requires the court to grant a 90 stay of the proceedings and schedule an early-evaluation conference between the plaintiff and the defendant. This is why ADA defense attorneys, recommend getting an inspection from a certified access specialist CASp.
The bill also provides that damages may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation of construction-related accessibility standards denied the plaintiff full and equal access. A CASp inspection from a Certified Accessibility Specialist can verify that.
The reform legislation, SB 1608, is designed to promote compliance with laws providing equal public access in places of business to individuals with disabilities while reducing unwarranted litigation.
Another area where a CASp assessment by an Access Specialist can help is with improved expertise in new construction and building inspections. For the first time, there will be minimum continuing education requirements for building inspectors and architects on disability access laws, to help reduce the problem of new construction failing to comply. Eventually, all permitting and plan checks must be CASp-inspected. However, in the meantime, retaining a Certified Access Specialist will enable you to be proactive and ensure everything is addressed.
Attorneys who issue demands for money must also provide the business owner with an advisory statement. SB 1608 requires that written demands for money by attorneys be accompanied by an explanation of the legal rights of the building owner/tenant, including the ability to contact their insurance company as well as an attorney experienced with ADA lawsuits. This is where a CASp being hired to conduct an ADA inspection can verify the conditions and the specific complaints in the lawsuit.
Multiple damages may not be recovered at a single facility. SB 1608 will help to ensure that damages may be claimed only when a plaintiff personally encountered a violation or was deterred from gaining access on a particular occasion. SB 1608 clarifies that a denial of full and equal access constitutes one violation per distinct facility for purposes of damages. Damages may not be recovered for each and every single offense that may exist at the particular facility. A CASp inspection by a licensed access specialist can provide expert findings for such needs.
In addition, the plaintiff may not recover for violations that may have existed at a facility but which never caused harm or injury to the plaintiff, either in the form of an encounter or deterrence on a particular occasion. A CASp inspection can verify this.
Parties will be encouraged to consider reasonable settlement offers. SB 1608 clarifies that a court can consider, among other relevant factors, reasonable written settlement offers made and rejected by either party in determining the amount of an attorneys’ fees award at the conclusion of an accessibility case.
CASp EVALUATION PROCESS
1
Owner, tenant or their representative requests a survey and report of their facility. This can be requested as a proactive measure or as the result of a legal summons.
2
A CASp from ADA Compliance Professionals, Inc. is contracted to inspect the facility and provide a written report.
3
The owner/tenant will be asked to provide some contact and property information. This will assist in the survey and asks such questions as the age of property (year built), history of improvements and a description of the area to be surveyed.
4
A CASp from ADA Compliance Professionals, Inc. will conduct a thorough inspection of the site. This includes:
• Evaluate access to site (identify nearby transit stops) from the public way
• Take photos of the facility from site entry to inspection area(s)
• Identify access barriers
• Evaluate individual site components required for access (measurements and
notations)
5
A report is written that gives a detailed description of the survey. The facility will either be “CASp Inspected”, which means the site has met all applicable construction-related accessibility standards or “CASp Determination Pending” which means the site is pending a determination by the CASp of the site’s accessible elements.
6
A summary of non-compliant elements is included in the report. The owner/tenant should provide a schedule for completion of corrections of non-compliant items to attach to the report. An attached plan is necessary to take advantage of the SB 1608 benefits (benefits are only available if the report is completed prior to a summons).
7
The owner/tenant can then request a “Certificate of Inspection” window sticker.
While hiring a CASp can ensure your brick and mortar property is ADA compliant, you must hire a website auditor to verify that your digital properties are sufficiently accessible. You can have an expert auditor document your digital accessibility in the form of a VPAT. A VPAT example can quickly showcase your commitment to accessibility.
FAQs
What is a certified access specialist CASp? ›
What is a CASp? A Certified Access Specialist (CASp) is a professional who has passed an examination and has been certified by the State of California to have specialized knowledge of the applicability of state and federal construction-related accessibility standards.
How do I become a certified access specialist in California? ›Qualified individuals can apply for Certified Access Specialist (CASp) certification through the Division of the State Architect (DSA) by establishing eligibility and passing the examination.
Are CASp inspections required in California? ›Am I required by law to hire a CASp? There is no law that requires a property owner or tenant to hire a CASp. If you are a business or property owner, your election not to hire a CASp shall not be admissible to prove your lack of intent to comply with the ADA or California law.
What is a CASp certification Los Angeles? ›A CASp inspection in Los Angeles will give you legal protection. Your CASp inspection report will be your legal proof of compliance and give you “qualified defendant” status if there is a construction-related. As a qualified defendant, you would become a defendant in a claim against your public facility accommodation.
How much do CASP inspectors make? ›How much does a Casp make in California? As of May 11, 2023, the average annual pay for a Casp in California is $121,533 a year. Just in case you need a simple salary calculator, that works out to be approximately $58.43 an hour.
What is the average salary for CASP certification? ›| State | Annual Salary | Monthly Pay |
|---|---|---|
| California | $121,533 | $10,127 |
| Vermont | $121,187 | $10,098 |
| Colorado | $120,976 | $10,081 |
| Kentucky | $120,805 | $10,067 |
The CASP+ certification is suited to professionals who want to be immersed in technology as a practitioner, while the CISSP is suited for those who want to be in management or move into management. The CISSP focuses on management strategies, practices and principles.
How do I get CEUs for CASP? ›Complete an American Council on Education (ACE) Accredited Course: During this course, you can obtain 10 CEUs for each 3 to 4 credit hour class and a maximum of 60 CASP+ CEUs within a three-year CE lifecycle.
How do I renew my CASP certification? ›You can renew your CASP+ certification by other IT-Industry certifications or by passing the latest release of the CASP+ exam. Learn more on our continuing education pages. Completing qualifying, multiple activities will earn you continuing education units (CEUs) that you can accumulate to renew your certification.
Can you take CASP without experience? ›CASP+ exam takers come from all walks of life with in-depth experience levels in IT and cybersecurity. Although there are no prerequisites for CASP+, we recommend a minimum of 10 years of experience in IT administration, including at least 5 years of hands-on technical security experience before taking the exam.
How useful is CASP? ›
They support the user in being systematic by ensuring that all important factors or considerations are taken into account. They increase consistency in decision-making by providing a framework.
What are the disadvantages of CASP checklist? ›The main limitation of using CASP in this way is the lack of two important outcome-level criteria, those of the consistency of the results and possible publication bias.
Is the CASP exam hard? ›Be it CISSP or CASP, both are considered tough courses that need proper preparations on a candidate's end. However, the CISSP certification exam is tougher than the other one.
How long does IT take to get CASP certification? ›It may take a few days, weeks, or months (with six months being a good estimate to prepare for the test) depending on how much knowledge and security experience you already have. For some, self-study is the way to go, whereas some prefer classroom training.
Is the CASP test hard? ›The CASP exam in a nutshell:
But the truth is that the CASP is probably 50x harder than the Security+ exam. The best way to pass the CASP exam is to pass the entry-level Security+ test and then work in the industry for around five years and learn everything you can along the way.
- Zoning Administrator. ...
- Plans Examiner. ...
- Code Enforcement Officer. ...
- Residential Building Inspector. ...
- Housing Inspector. ...
- Foreclosure Field Inspector. ...
- Inspection Clerk. Salary range: $28,500-$34,000 per year. ...
- Foreclosure Home Inspector. Salary range: $28,000-$28,000 per year.
Inspectors who make the most money are highly specialized with strong engineering backgrounds. Federal government inspectors earn similarly to private sector inspectors, while state inspectors are paid the least. Earnings vary based on seniority, education, and location.
Is CASP better than CySA? ›Key facts to know: CySA+ is an intermediate level certification; CASP+ is advanced-level. Both the CySA+ certification and the CASP+ are good for three years from the exam date. Each CompTIA certification exam is provided by the global testing partner, Pearson VUE.
Is CASP harder than CISSP? ›CISSP is considered the toughest among the two and is a costlier certification as compared to CASP. In the coming year, CASP is going to be the first priority certification.
Is CASP all multiple-choice? ›The CASP+ exam includes a combination of multiple-choice questions, drag-and-drop activities and performance-based items. The multiple-choice questions are single-and multiple-response.
Is CASP multiple-choice? ›
About the Exam
The AP Computer Science Principles Exam has two parts: the Create performance task—which you'll complete over the course of the year and submit online for scoring through the AP Digital Portfolio—and the end-of-course multiple-choice exam.
The latest version of the exam, CAS-004, released in October 2021, covers four domains: security architecture (29%) security operations (30%) security engineering and cryptography (26%)
What happens if you fail the CASP test? ›If, however, the test was failed, they will be allowed to re-attempt it again within 24 hours (CompTIA does not require any waiting period). But, if they fail the exam a second time, they will need to wait for 14 calendar days before attempting the exam for the third time.
How much does the CASP+ cert cost? ›The Basics: CASP+ Exam Voucher Only
To access to the certification exam, you'll need to buy an exam voucher. A voucher represents a unique code that you can buy at the CompTIA Store and use to take your test at a Pearson VUE testing center. If a voucher is all you need, then the cost is $466 per exam.
Certified in Risk and Information Systems Control (CRISC)
CRISC is one of Global Knowledge's most-pursued and highest-paying cybersecurity certifications, at an average annual salary of $167,145*. It helps candidates gain a deep understanding of the impact of IT risks for individual organizations.
... A score of > 4 indicates high quality, a score of 3-4 shows moderate quality, and a score of < 3 represents low quality (Berger and Alperson 2009). CASP checklist consists of 11 questions and "Yes," "No," or "Can't tell" was recorded in response to each question (Al-Dirini et al. 2012) .
Can CASP be used for cross sectional study? ›Many critical appraisal tools exist for various types of study (e.g. CASP , CEBM and AMSTAR) but there is no validated tool for cross-sectional studies, which are common in the veterinary literature.
How do you write a critical appraisal? ›- Is the study question relevant to my field?
- Does the study add anything new to the evidence in my field?
- What type of research question is being asked? ...
- Was the study design appropriate for the research question? ...
- Did the methodology address important potential sources of bias?
CASP is the more technical exam. CISSP can be used to claim 75 CompTIA CEUs (continual education units); and CASP requires 75 CEUs over a 3 year period. CISM requires 5 years infosec experience, of which 2 years can be waived via a CISSP cert.
Is CASP certification worth IT? ›The short answer is yes. If you're a cybersecurity professional who wants to be instantly identified for your knowledge and technical prowess, having a CASP+ certification will undoubtedly communicate that.
Is CASP as good as CISSP? ›
The CASP+ certification is suited to professionals who want to be immersed in technology as a practitioner, while the CISSP is suited for those who want to be in management or move into management. The CISSP focuses on management strategies, practices and principles.
Is the CASP test important? ›Designed to build on the knowledge obtained from the CompTIA Security+ study programme, CASP enables candidates to learn how to apply critical thinking across a broad spectrum of security disciplines to implement solutions that directly map to enterprise drivers.
Can I take CASP without experience? ›CASP+ exam takers come from all walks of life with in-depth experience levels in IT and cybersecurity. Although there are no prerequisites for CASP+, we recommend a minimum of 10 years of experience in IT administration, including at least 5 years of hands-on technical security experience before taking the exam.
What are the disadvantages of CASP? ›The main limitation of using CASP in this way is the lack of two important outcome-level criteria, those of the consistency of the results and possible publication bias.
How long does IT take to study CASP? ›It may take a few days, weeks, or months (with six months being a good estimate to prepare for the test) depending on how much knowledge and security experience you already have. For some, self-study is the way to go, whereas some prefer classroom training.
How long is CASP certification valid? ›Your CompTIA Advanced Security Practitioner (CASP+) certification is good for three years from the date you pass your certification exam.
What is passing score for CASP? ›It is a pass/fail exam with 750 points needed to pass. Pearson VUE testing proctors these computer-based exams, and there are remote online testing options.
How much does CASP vs CISSP make? ›A CASP+ professional earns up to $100,800 on average. Typical job roles that benefit from a CASP+ certification include Security Engineer, Network Engineer, and Cybersecurity Analyst. Meanwhile, CISSP professionals earn an average salary of $80,000 as a Security Analyst or $110,000 as a Security Architect.
What are the benefits of being CASP certified? ›The CompTIA CASP certification helps you to get a better salary. In addition, you can get a higher salary than that of uncertified persons. The salary normally falls between $42,130 to $95,830.
Do colleges look at CASP? ›“They're not used for admission purposes,” Pasco said. “Part of the CAASPP scores are used for placement into college-level English and math classes, but they are not used for the admission process whatsoever.”
What is CASP test California? ›
California Assessment of Student Performance and Progress (CAASPP) System. California's statewide student assessment system.