Accessibility Laws and Special Needs

Texas Library Association, District 5

By Mary Jo Venetis, Ph.D.October 24, 2009

“Unspoken” Questions What do you do when a person, with special

needs, visits your library, requesting assistance?

How do you handle these requests?

Will you and your employees violate the law in not providing accessibility?

Should we give preferential treatment for patrons with special needs?

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Workshop Goals Identify and understand the legal

issues involved in providing equal accessibility.

Identify “special needs.”

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Identify and Understand the Legal Issues

Become familiar with various laws focusing on disability rights, provided by the U.S. Department of Justice, and learn how they apply to libraries.

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U.S. Department of Justice, Civil Rights Division, Disability Rights Section. (2005). A guide to disability rights laws. Retrieved from http://www.ada.gov/cguide.htm

U.S. Department of Justice, Civil Rights Division, Disability Rights Section. (2009). ADA home page: Information and technical assistance on the Americans with Disabilities Act. Retrieved from http://www.ada.gov/

Identify and Understand the Legal Issues

Rehabilitation Act of 1973, Section 504 Requires local, state, and federal agencies who

received federal funding to prohibit discrimination. People with disabilities must be given equal access to any programs, services, or activities.

Impacts all libraries – how do we provide equal access?

Rehabilitation Act of 1973, Sections 501, 503 Prohibits discriminatory employment practices.

Impacts all libraries – how do we provide people with disabilities the services they need to function in their jobs?

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Identify and Understand the Legal Issues

Americans with Disabilities Act (ADA), 1990 Requires equal access and reasonable accommodation

in employment and services provided by private and public sectors without undue burden.

We will discuss this in depth since this law expands the 1973 Rehabilitation Act’s scope in regards to providing equal access within “reasonable accommodation.”

Rehabilitation Act, Section 508, 2001 (passed in 1998)

Requires federal agencies to make their electronic and information technology accessible. Local and state agencies are also affected.

Impacts all libraries – how do we provide accessible technology through the virtual infrastructure (web sites)?

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Identify and Understand the Legal Issues

IDEA (Individuals with Disabilities Education Act), 2004

Section 504 expanded by including requirements to provide both early intervention and educational services for children with disabilities. Requires pre-K to 12 public schools to create individualized education program (IEP) for each child.

Impacts school libraries – do the school librarians have this information?

How do other libraries fit into this picture?

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U.S. Department of Education. (n.d.). Building the legacy: IDEA 2004. Retrieved from http://idea.ed.gov/

Reasonable Accommodation Scenarios under ADA (1990)

Common policy: no animals / pets What about service dogs?

Common practice: public address system announcements in English What about the non-English speaking and

the hearing impaired?

Popular program: puppet shows What about children with visual problems

and with limited hearing? Autism? 8

Physical Infrastructure How many libraries were built prior

to the Rehabilitation Act and ADA laws being enacted?

Things to take into consideration: Aisle widths? Shelf height? Signage? Entrance ramps? And the list goes on....

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Physical Infrastructure Aisles need to be 36

inches wide to accommodate people who use wheelchairs, crutches, and/or canes, enabling them to move around with ease.

Aisles should not have oversized books, display stands, or stools to clutter the pathway.

Americans with Disabilities Act Accessibility Guidelines (ADAAG). (1992). Checklist for buildings and facilities: Survey form 26: Libraries. Retrieved from http://www.access-board.gov/adaag/checklist/Libraries.htmlU.S. Department of Justice, Civil Rights Division, Disability Rights Section. (2003). ADA standards for accessible design. Retrieved from http://www.ada.gov/stdspdf.htm 10

Physical Infrastructure Universal signage helps

people who: Cannot read Cannot read English Have visual

impairments Have dyslexia

Ramps and ramp-like sidewalks are universally used by everyone, including library employees with book carts.

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Virtual Infrastructure - web sites How many libraries have web

sites?

Is the web site written in English only? What about the non-English speaking

community?

Does your web site provide audio and video clips?

Do you provide text transcripts or captions for the hearing impaired?

Do you provide the clips in other languages?

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Virtual Infrastructure - web sites

Queens Library’s home page shows users that they can select a different language or increase the text.

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Queens Library [NY]: Enrich your life. (n.d.). Retrieved from http://www.queenslibrary.org/

Virtual Infrastructure - web sites

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San Antonio Public Library’s home page has a rotating slide show to showcase their services, including special needs.

San Antonio Public Library [TX]. (2009). Retrieved from http://www.mysapl.org/

Virtual Infrastructure - web sites

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Seattle Public Library’s home page provides a direct link to their special services web page.

Seattle Public Library [WA]: ADA / special services. (2009). Retrieved from http://www.spl.org/default.asp?pageID=audience_specialservices

Virtual Infrastructure - web sites

Do you embed verbal tags within your web sites for the visually impaired and blind patrons to be able to read the text on computers?

Verbal tags are read aloud by screen readers, such as JAWS®, making the web site accessible.

Do you embed Word or PDF documents within your web sites?

Word documents are not easily read by screen readers, unlike PDF documents.

But not all PDF documents are “accessibility friendly.”

What about ebooks? Ebooks are often available in HTML or PDF files. 16

Virtual Infrastructure - web sites

What about hardware and software assistance?

“Click here” is a problem for those with visual and mobility impairments, since they rely on mouse devices.

Do you have alternative mouse devices? Text size is also a problem, not only for the

visually impaired, but for children and senior citizens.

Do you use large print keyboards? You can purchase large print keyboard stickers.

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Workshop Goals Identify and understand the legal issues

involved in providing equal accessibility.

Identify “special needs.”

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Identify “special needs” Limited to those people with disabilities?

Invisible and visible disabilities Temporary disabilities

Other patrons’ special needs? Non-English speaking? Gifted children? Homebound residents? Families without PCs? Religious beliefs?

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Identify “special needs” Does your library collection have every

published item to serve your community?

Or do you provide specific items that are tailored to meet your community needs?

Using the same concept, you should assess your community to determine whether your library needs to serve underrepresented populations.

It is NOT necessary to acquire every “tool” to meet the accessibility laws.

BUT you are legally obligated to meet the needs of your community if your population includes a specific group.

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Identify “special needs” Identify your community demographics.

Visit schools: they are required to have special education programs due to the IDEA law.

Contact agencies: Texas Department of Assistive and Rehabilitative Services, Easter Seals, your local Chamber of Commerce, etc.

Schools and agencies can become your community partners!

Check web sites for population and disability statistics for your area. For example, check out Disability Statistics provided by Cornell University

Cornell University. (2003-2009). Disability statistics: Online resources for U.S. disability statistics. Retrieved from http://www.ilr.cornell.edu/edi/DisabilityStatistics/

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Preparation for Special Needs Services

Identify your community partners to assist your library in developing special needs services.

Prepare by: Defining community demographics

and needs, and Locating appropriate accessibility

tools.

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Locating appropriate accessibility tools

Limited hearing and speech: Sign language interpreters; Communication Access

Real-time Translation (CART); FM amplifier systems; paper and pens/pencils; voice synthesizers

Limited vision: Sound recordings; magnifying glasses; instructions to

increase text size on PCs; computer/video screen magnifiers; screen readers such as JAWS®

Limited mobility: Wide aisles for those who use wheelchairs, crutches,

canes; lower circulation and/or reference desks; user-friendly keyboards and/or mouse devices.

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Create and Assess Special Needs Services

Create tailored programs and services by talking with your patrons and/or community partners. Advisory Committee Public Forum Individual or group meetings with patrons

Establish ongoing assessment of services and programs. What works? What does not work? Obtain feedback from patrons

Reasonable Accommodation Scenarios under ADA (1990)

Libraries can purchase DVDs and videos with closed captioning at no additional cost.

Spoken word recordings assist the visually impaired to “read” books by listening. Many customers also enjoy listening to these recordings in their cars, on their MP3 players, CDs, etc.

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American Library Association Toolkits

American Library Association has provided a toolkit for libraries to learn how to handle accessibility issues.

Association of Specialized and Cooperative Library Agencies’ subcommittee also developed a toolkit series for various groups.

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DeLatte, M. (Ed.). (2008). Library accessibility – what you need to know. Chicago, IL: Association of Specialized and Cooperative Library Agencies, American Library Association. Retrieved from http://www.ala.org/ala/mgrps/divs/ascla/asclaprotools/accessibilitytipsheets/default.cfm

Harris, L. (Ed.). (2009). Accessibility basics for librarians: An educational service of the American Library Association’s Office for Information Technology (OITP), prepared by Leslie Harris & Associates with OITP. Chicago, IL: American Library Association. Retrieved from http://www.ala.org/ala/aboutala/offices/oitp/emailtutorials/accessibilitya/accessibility.cfm

Universal Accessibility The more we provide reasonable

accommodation by retrofitting facilities, policies, and procedures, universal accessibility has emerged.

The primary role for libraries often is to provide people access to materials and services for their educational and entertainment purposes.

So, how does your library measure up? Does your library have what it takes to provide “universal accessibility?”

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Additional Resources Deines-Jones, C. (2007). Low-cost/no-cost ways to improve

service right now. In C. Deines-Jones (Ed.), Improving library services to people with disabilities (pp. 123-145). Oxford, UK: Chandos Publishing.

Deines-Jones, C., & Van Fleet, C. (1995). Preparing staff to serve patrons with disabilities. New York, NY: Neal-Schuman Publishers.

Guidelines for library and information services to older adults. (2008). Reference & User Services Quarterly, 48 (2), 209-212.

Huntington, B. (2007). Youth with special needs: A resource and planning guide for Wisconsin’s public libraries. Madison,

WI: Wisconsin Department of Public Instruction. Retrieved from http://dpi.wi.gov/pld/ysnpl.html 28

Additional Resources North Texas Library Partners. (2009). Expanding accessibility:

Identifying needs; removing barriers and enhancing services and accessibility. Retrieved from http://www.ntrls.org/accessibility/  

Rubin, R. J. (2001). Planning for library services to people with disabilities. Chicago, IL: Association of Specialized and Cooperative Library Agencies, American Library Association.

Terrile, V. C. (2009). Technology for every teen @ your library. Young Adult Library Services, 7 (2), 33-36.

Vogel, V. (2008). Library outreach to teens with physical challenges.

Young Adult Library Services, 7 (1), 39-42. 29

Photo Credits Slide 1, Photograph of “access” keyboard. Retrieved from University of

Alaska Anchorage, Disability Support Services web page, http://tinyurl.com/yz3y45g

Slide 1, Photograph of a woman in wheelchair at library. Retrieved from U. S. Department of Health & Human Services, Office of Diversity Management and Equal Employment Opportunity web page, http://www.hhs.gov/odme/careerfair.html

Slide 1, Photograph of a girl signing with woman. Retrieved from [State of Alaska] Governor’s Council on Disabilities & Special Education web page, http://hss.state.ak.us/gcdse/history/

Slide 10, Photograph of “library shelves” – Friends of the Library bookstore taken by Cashiers Community Library staff in North Carolina. Retrieved from http://www.flickr.com/photos/cashierslibrary/1355728478/

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Photo Credits

Slide 11, Photograph of access ramp. Retrieved from Parkway Manufacturing Company, Inc. web page, http://tinyurl.com/ca6jyc

Slide 11, Photograph of woman with a baby stroller using curb ramp. Retrieved from VOA News web page, http://tinyurl.com/dmlh2h

Slide 17, Photograph of a hand using a mouse device. Retrieved from Gimpgear Broadened Horizons – Can you? web page, http://www.broadenedhorizons.com/no_grip_mouse.htm

Slide 17, Photograph of a trackball mouse device. Retrieved from The Big Tree, http://www.thebigtree.org/accessible/articles/learning/using_ict/articles,3,4,34.html

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Photo Credits

Slide 17, Photograph of a large print keyboard. Retrieved from Independent Living Source web page, http://www.iltsource.com/Black_Keys_in_QWERTY_Order_p/bklxbq.htm

Slide 25, Photograph of a television screen with captions, taken by Mary Jo Venetis, 2009.

Slide 25, Photograph of audiobooks. Retrieved from Greensboro Libraries, Official City of Greensboro web site, Audiobooks, http://www.greensboro-nc.gov/departments/Library/booknews/audio.htm

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