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OTHER LEGISLATION AND RULEMAKING

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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

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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

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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– 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 Internet-Protocol (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 furnitureFuture 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– 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

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

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TOOLS AND ASSISTANCE

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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

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Resources

DOJ web site: www.ada.govDOJ 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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Irene Bowen, J.D.President, ADA One, LLC9 Montvale CourtSilver Spring, MD 20904

Web site: http://ADA-One.com Email: IreneBowen@ADA-One.com

301 879 4542 (O)301 236 0754 (F)

CONTACT

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L. Scott Lissner, ADA Coordinator, The Ohio State University 1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDU 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 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