Transcript OTHER legislation and rulemaking

OTHER LEGISLATION AND
RULEMAKING
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Congress & the Executive Branch
Living the ADA
• The Higher Education Opportunity Act
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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
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Congress & the Executive Branch
Living 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
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DOJ’S ANPRM’S (“PRE-RULES”)
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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
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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 ).
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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.”
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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?
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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
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…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.
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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 InternetProtocol (IP)-enabled Next Generation 9-1-1 (NG
9-1-1) services
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…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?
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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.
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…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)
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POLICY AND PLANNING
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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
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Service animals, including miniature horses
Mobility devices, including Segways
Event ticketing
Exams and courses
Telecommunications (VRI, automated phone systems)
Hotel reservation policies
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…Planning for policy changes
Second tier
• Effective communication generally
(companions, emergencies)
• “Old” policies (answering TRS calls?)
• Your contractors
• Web accessibility/IT
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…Planning for policy changes
Consider commenting on the ANPRM’s
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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
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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
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…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)
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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
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…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
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APPROACHES AND STRATEGIES:
WHO TO INVOLVE AND HOW
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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
TOOLS AND ASSISTANCE
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How much do you need to know?
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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
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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
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QUESTIONS AND ANSWERS
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CONTACT
Irene Bowen, J.D.
President, ADA One, LLC
9 Montvale Court
Silver Spring, MD 20904
Web site: http://ADA-One.com
Email: [email protected]
301 879 4542 (O)
301 236 0754 (F)
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L. Scott Lissner,
ADA Coordinator, The Ohio State University
1849 Cannon Drive
Columbus, OH 43210-1266
[email protected] Http://ada.osu.edu
(614) 292-6207(v); (614) 688-8605(tty)
(614) 688-3665(fax);
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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)
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Next sessions
• Session 2 - Exploring the 2010 Standards for
Accessible Design: Facilities and the Physical
Environment
Special 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
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