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WIA Section 188 Disability Checklist Training

WIA Section 188 Disability Checklist Training. Elements 5.6 and 5.7 – Programmatic and Architectural Accessibility. We’ll be talking about:. The difference between “ accessibility ” and “ reasonable accommodation ” The “ hierarchy of obligations ” related to accessibility

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WIA Section 188 Disability Checklist Training

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  1. WIA Section 188 Disability Checklist Training Elements 5.6 and 5.7 – Programmatic and Architectural Accessibility

  2. We’ll be talking about: • The difference between “accessibility” and “reasonable accommodation” • The “hierarchy of obligations” related to accessibility • The standards for architectural accessibility that apply under WIA Section 188 and the regulations • The difference between “architectural accessibility” and “program accessibility”

  3. Accessibility vs. reasonable accommodation/modification • Providing accessibility: taking generalized action in advance (so you’ll be ready for people with disabilities) • Not tied to a particular person with a disability • Providing reasonable accommodation/ modification: taking individualized action when a particular person with a disability seeks aid, benefits, services, training, or employment

  4. What legal standards apply? • 29 CFR 37.3(b) – incorporates standards from DOL’s Section 504 regs (29 CFR part 32, Subparts B and C and Appendix A) • 29 CFR part 32, Subpart C – deals with accessibility • This presentation does NOT deal with ADA standards – or State standards

  5. Lack of access is no excuse • 29 CFR 32.26 says you can’t: • Exclude a person with a disability, or • Give different benefits to a person with a disability, or • Otherwise discriminate against a person with a disability . . . . . . because a program or activity is inaccessible

  6. What accessibility standards must you meet? • It depends! • How old is the facility? (When was it built?) • Has the facility been, or will it be, altered or renovated for you to use? • If so, when was it/will it be altered or renovated? (What date?) • When did you first receive Federal financial assistance?

  7. The “hierarchy of obligations” • New construction • Alteration or renovation • Done by you, on your behalf, or for your use? • Before or after you received Federal financial assistance? • “Existing facilities”

  8. New construction Facility must fully meet legal standards for architectural accessibility [required by 29 CFR 32.28(a)]

  9. Alteration or renovation • Was it done: • by you? • on your behalf? • for your use? • If no, use existing facilities rules

  10. Alteration or renovation (con’t) • If yes, when was it/will it be done? • Before you received Federal financial assistance: use existing facilitiesrules • After you received Federal financial assistance: altered/renovated part must comply with architectural accessibility standards • 29 CFR 32.28(b)

  11. Existing facilities • Not new construction • Either: • Not altered or renovated by you, on your behalf, or for your use; or • Altered or renovated before you first received Federal financial assistance • Must meet program accessibility requirements

  12. Federal standards for architectural accessibility • Two different sets of Federal standards exist • Uniform Federal Accessibility Standards (UFAS) – 41 CFR 101-19.6 • Americans with Disabilities Act Accessibility Guidelines (ADAAG)

  13. Which standardsshould you use? • DOL’s Section 504 regs say UFAS • But . . . regs also allow “alternative standards” to be used if they will allow “equivalent or greater access” • So . . .you may use either UFAS or ADAAG

  14. New standards to come? • The Access Board is updating both UFAS and ADAAG to make them more consistent • Once approved, standards will be published in final form (until then, old standards apply) • For more info, see www.access-board.gov/ada-aba/status.htm

  15. What is program accessibility? • What it does mean: • Your program or activity must be accessible when viewed in its entirety • Every aspect of your program or activity must be accessible • Examples: intake, assessment, training courses

  16. Program accessibility (con’t) • What it does not mean: • Making each of your existing facilities accessible • Making every part of your facility accessible • Making structural changes where other ways of providing access are possible

  17. Examples of changes for program accessibility • Redesigning equipment • Moving classes or other services to accessible locations • Assigning aides to participants/ beneficiaries

  18. Program accessibility: two key points • You must provide programs and activities in most integrated setting possible for people with disabilities • You may be required to alter or renovate your facilities if there is no other possible way of providing program accessibility

  19. Any questions?

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