Presentation Transcript

1. OTHER legislation and rulemaking
2. Congress & the Executive BranchLiving the ADA The Higher Education Opportunity Act Commission on Alternative Media Funding for ID demonstration projects Data Collection in IPEDS Demonstration Grants 21st Century Communications & Video Accessibility Act Accessibility of advanced communications equipment and services including text messaging and e-mail
3. Congress & the Executive BranchLiving the ADA Require devices of any size to be capable of displaying closed captioning, to deliver available video description, and to make emergency information accessible. Captioning of internet delivered television Office of Federal Contracts Compliance Programs Strengthening Affirmative Action EEOC is finalizing ADAAA Definition of Disability
4. DOJ’s anprm’s (“pre-rules”)
5. Four advance notices of proposed rulemaking published July 26, 2010 DOJ seeks comment on specific issues in four areas in which it may propose rulemaking Accessibility of web information and services Movie captioning and video description Next generation 9-1-1 Equipment and furniture All are at DOJ’s ADA website (http://www.ada.gov/anprm2010.htm ).
6. Web Access Leading up to the proposed rule making Kendel complaints Comparable time, effort and expense. DOE and DOJ joint “Dear Colleague Letter” June 2010 Interpret broadly Public statements from DOJ From “Can be an effective communication tool: in the ADA Tool Kit to: “There is no doubt that the internet sites of State and local government entities are covered by Title II of the ADA. Similarly, there is no doubt that the websites of recipients of Federal financial assistance are covered by Section 504 of the Rehabilitation Act.”
7. Web Access Proposed rule making questions Standard to adopt: WCAG 2.0´s "Level AA Success Criteria“ Section 508 Performance standards Barriers, Facilitators and technical assistance needed Are there distinct or specialized features used on websites that render compliance with accessibility requirements difficult or impossible? If so, viable alternatives?
8. Movie captioning and video description Would require movie theater owners and operators to show movies with closed captions and video description in theaters at least 50% of the time DOJ asks about how to frame requirement costs benefits
9. …Movie captioning and video description Reasons for action Increasing numbers of people with hearing and vision impairments Technology makes it possible Digital revolution in the industry Recent court decision: Arizona v. Harkins Amusement Enterprises, Inc.
10. Next Generation 9-1-1 Would apply to 9-1-1 call-taking centers (Public Safety Answering Points or PSAP’s) Reflects fact that many individuals with disabilities now use internet and wireless text devices as primary modes of telecommunication PSAP’s are shifting from analog to Internet-Protocol (IP)-enabled Next Generation 9-1-1 (NG 9-1-1) services
11. …Next Generation 9-1-1 Overall question: how best to ensure that people with disabilities have direct, equal access to NG 9-1-1 Two key questions What devices and modes of communication (text, video, voice, data) are individuals with disabilities using to make “calls”? How can DOJ ensure that any new IP-based 9-1-1 center can receive direct calls from devices?
12. Equipment and furniture Some (fixed) is covered by the Standards Otherwise, no scoping or technical requirements in 2010 rules For others, currently look to Standards and/or to reasonable modifications, barrier removal, program accessibility, effective communication, etc.
13. …Equipment and furniture Future rulemaking would apply to Medical equipment and furniture (tables, diagnostic equipment, scales, rehabilitation equipment, lifts, hospital beds) Exercise equipment and furniture (specifically, postsecondary institutions) Accessible golf cars Accessible guest rooms and sleeping rooms Electronic and information technology (EIT) (kiosks, interactive transaction machines (ITM’s), point-of-sale devices, ATM’s) Others? (pool chairs, library computer terminals)
14. Policy and planning
15. Planning for policy changes It takes a campus, and it takes a plan Plan to be compliant by March 15, 2011 (except hotel reservation policies: March 15, 2012) Priority to those areas addressed by new regulations Service animals, including miniature horses Mobility devices, including Segways Event ticketing Exams and courses Telecommunications (VRI, automated phone systems) Hotel reservation policies
16. …Planning for policy changes Second tier Effective communication generally (companions, emergencies) “Old” policies (answering TRS calls?) Your contractors Web accessibility/IT
17. …Planning for policy changes Consider commenting on the ANPRM’s
18. Planning for facility changes Choice of alterations and new construction standards Documenting existing conditions and barriers Barrier removal or program access Maintenance of accessible features
19. Time frames “Effective date”: 6 months after publication March 15, 2011 Policies should be compliant Applies to service animals, mobility devices, etc. For hotel reservation policies, an extra 12 months
20. …Time frames “Compliance date”: 18 months after publication March 15, 2012 New construction and alterations MUST comply with the Standards (triggers similar to 1991’s) In the meantime, choose a standard - Title III: 1991 or 2010 Standards - Title II: 1991 Standards, 2010 Standards, or UFAS (Uniform Federal Accessibility Standards) Sections 35.151(c), 36.406(a)
21. Decisions, decisions New construction and alterations: decide building-by-building what Standard to follow in next 18 months Consider type of building and type of construction or alterations Example: auditorium or theater Example: visible alarms Example: single-user toilet rooms
22. …Decisions, decisions Barrier removal: decide element-by-element what you should do before March 15, 2012 Remove barriers now, under 1991 Standards? Remove barriers later, under 2010 Standards? You can remove barriers until March 15, 2012, using the 1991 Standards as the measure Downside to waiting: if you have to “fix,” it will be to stricter standards DOJ: confirm and document compliance with 1991 Standards
23. Approaches and strategies: who to involve and how
24. DEVELOPING COMPLIANCE Access cuts across the institution Compliance is a shared responsibility requiring identified authority Consider copy right, race and gender equity as models Funding, Purchasing & Methods of Administration Academic Plan, Capital Plan, Campus Master Plan Develop an “Access Plan” Committee, promulgation, implementation, review
25. Tools and assistance
26. How much do you need to know? Basics: DOJ fact sheets Regulation language (integrated rule) Preamble explanation Appendix B: Analysis of Standards Regulatory Impact Analysis ADAAG technical assistance from Access Board Coming March 2012: Small Business Guide Other technical assistance from DOJ Alert articles
27. Resources DOJ web site: www.ada.gov DOJ information line: 800 - 514 - 0301 (voice) 800 - 514 - 0383 (TTY) ADA TA Centers: 800-949-4232 (Voice/TTY) Access Board: www.access-board.gov Handout: Tips for the Transition to 2012
28. Questions and answers
29. CONTACT Irene Bowen, J.D. President, ADA One, LLC 9 Montvale Court Silver Spring, MD 20904 Web site: http://ADA-One.com Email: IreneBowen@ADA-One.com 301 879 4542 (O) 301 236 0754 (F)
30. L. Scott Lissner, ADA Coordinator, The Ohio State University 1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDUHttp://ada.osu.edu (614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax);
31. Other opportunities NAADAC webinars October 27:  Planning and Safe Harbors November 3: ADA Standards - Admin. Provisions, Accessible Routes, & Building Blocks November 10:  ADA Standards - Common Space & Element Types and Communications November 17:  ADA Standards - Toilets, Bathing, Kitchens, & Plumbing Elements December 1:  ADA Standards - Specialized Rooms, Spaces & Elements Incl. Residential & Rec. To register and for more information: http://www.krm.com/NAADAC (direct registration) or http://askjan.org/naadac/ (NAADAC website)
32. Next sessions Session 2 - Exploring the 2010 Standards for Accessible Design: Facilities and the Physical EnvironmentSpecial guest presenter: Jack Catlin, FAIA, Partner, LCM Architects Tuesday, November 2, 2010 Session 3 - Program Access and Changes in the ADA’s Title II and III Regulations Tuesday, November 16, 2010