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1 DOJ 2010 ADA Regulations Implementing Title II and Title III Utah AHEAD December 3, 2010.
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Transcript of 1 DOJ 2010 ADA Regulations Implementing Title II and Title III Utah AHEAD December 3, 2010.
1
DOJ 2010 ADA Regulations
Implementing Title II and Title III
Utah AHEAD December 3, 2010
2
These materials are provided for informational purposes only and are not to be construed as legal advice. You should seek independent counsel to resolve the individualized legal issues that you are responsible to address.
3
Objectives Understand the Requirements for
Compliance with: 2010 Title II regulation, 28 C.F.R. Part 35
2010 Title III regulation, 28 C.F.R. Part 36 Be aware 2010 ADA Accessible Design
Standardswww.ada.gov/regs2010/ADAregs2010.htm
Consider Methods for Compliance
4
New Regulations
Clarify Issues encountered in enforcing the ADA since 1991
Address New Elements/Applications
Adopt the Access Board’s 2004 Accessibility Guidelines as the 2010 Enforceable Standards
Set Dates for Compliance
5
Compliance by March 15, 2011
Ticketing Service Animals Use of Wheelchairs and Power Driven
Mobility Devices Effective Communication Auxiliary Aids and Services Examinations and Courses
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Compliance by March 15, 2012
New Construction and Alterations
All new standards must be addressed by March 15, 2012 (pools, play areas, fishing piers, residential facilities) because there were previously no standards.
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Housing at Places of Education
Housing operated by or on behalf (includes Greek)
Undergraduate (occupied school year only) follow transient lodging standards
Graduate follow residential standards (5% mobility 2% communication)
Distinct Purpose Dorms must be scoped individually When changing residential use, new
scoping automatically applies (athletes etc)
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Safe Harbor Inapplicable To:
Elements that were not covered by 1991 or UFAS. Residential facilities Amusement rides (§§234
and 1002) Recreation boating
facilities (§§206, 235, 1003) Exercise machines and
equipment (§§236 and 1004)
Fishing piers and platforms (§§206, 237, 1005)
Golf facilities (§§206,238, 1006)
Miniature golf courses (§§206, 239, 1007)
Play areas (§§206, 240, 1008)
Saunas and steam rooms (§§241, 304, 612, 903)
Swimming pools, wading pools and spas (§§242 and 1009)
Shooting facilities with firing positions (§§243 and 1010)
Misc. (§§206.2, 206.7, 221.2)
Team player seating Accessible route to
bowling lanes Accessible route in
court sports facilities
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Continuing Duties of a Covered Entity
Complete a Self Evaluation by 1-26-93
Prepare a Transition Plan for structural renovations by 1-26-95 Designate an ADA Coordinator
Adopt a Grievance/Complaint Procedure
Post Notice of the Coordinator and Grievance Policy
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Continuing Duties of a Covered Entity (cont.)
Determine Eligibility Criteria for Disability Services and Accommodations
Provide Accommodations Train Faculty and Staff regarding ADA
Requirements Review Contracts and Lease Agreements
for ADA Compliance Ensure Publications and
Announcements Contain Accommodation Contact Information
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Covered Services Programs and Activities Course Materials / Websites Testing Physical Access to Facilities Emergency Preparedness Food Services Housing / Parking Community Events / Entertainment (plays,
concerts, athletics) Voting
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Qualified Individual
Meets the Eligibility Requirements for a Program Service or Activity With or Without Reasonable Modifications such as: Barrier removal Auxiliary Aids Program Modifications
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Aggrieved Parties May
Utilize the entities’ grievance procedure
File a federal administrative complaint within 180 days of the alleged violation with the appropriate federal agency or the DOJ
File a lawsuit
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Enforcement
Investigation by designated agency or DOJ
Compliance review Agency referral to DOJ or Withholding funds DOJ litigation Suits by individuals
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Event Ticketing Title II 28 CFR 35.138 Title III
28 CFR 36.302(f) Sales: Equal opportunity to the
purchase accessible seating during: Same hours available to all Same stages: pre-sales, general sales,
promotions, lotteries, wait lists etc. Same distribution Same types and numbers Same terms and conditions
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Accessible Features
Identify and Describe Features of All Accessible Seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs.
Provide maps, plans, brochures, pricing charts, text or visual representation with the same text or visual representations as other seats.
17
Ticket Prices
Ticket Prices: Price Accessible Seats as Other Seats for single events or series of events for all price levels.
If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location.
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Ticket Pricing Example
Two Seating Areas (3000 Total Seats)Floor 2,700 Seats ($100) = Has 20 Accessible
SeatsBalcony 300 ($50) = Has no wheelchair or
companion seats 3000 Total Seats ÷ 300 Upper Seats = 10% To get the additional 10% needed at a
lower price on the floor, 2 of the 20 $100 seats must be priced at $50
19
Multiple Tickets/Contiguous Seats
For each ticket for a wheelchair space purchased by an individual with a disability a public entity shall make available for purchase three additional tickets for seats in the same row that are contiguous with the wheelchair space unless all ticket sales limited to a fewer number.
If there are Insufficient Number of Seats a public entity shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats.
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Hold and Release: Unsold Accessible Seats May be released
when: (i) All non-accessible tickets (excluding luxury
boxes, club boxes, or suites) have been sold;(ii) All non-accessible tickets in a designated
seating area have been sold and the tickets for accessible seating are being released in the same designated area; or
(iii) When all non-accessible tickets in a designated price category have been sold and the tickets for accessible seating are being released within the same designated price category.
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Ticket Transfer
Persons with Accessible Seats May Resell their Tickets to Non-Disabled shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events.
22
Secondary Ticket Market
An entity must modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions.
If Non Accessible tickets are Purchased on the Secondary Market- The Venue Must Exchange the Non Accessible Seat for Accessible Seating in a comparable location if accessible seating is vacant at the time the individual presents the ticket to the public entity.
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Ticket Purchase Fraud An Entity: May NOT request proof of disability for
example, a doctor’s note, before selling tickets for accessible seating.
May only ask if ticket is for a person with a disability.
A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently.
24
Permissible Inquiries Single event tickets – May ask if the purchaser “has a mobility disability or disability that requires the use of the accessible features provided in the accessible seating or if they are purchasing for someone who has a mobility disability or disability that requires the use of the accessible features provided in the accessible seating.”
Series of Events/Subscription – May ask purchaser of accessible seating to attest in writing to the above.
25
Accessible Seat Features
Clear floor space Dimensions Space is at grade Accessible Approach
26
Individuals Requesting Accessible Features
Include those with: Mobility impairments Large service animals Circulation problems Respiratory problems
There must be a relationship between the request for the space and the individual’s disability
27
Service Animals Definition: “any dog that is individually trained to
do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.” §35.104
28
Miniature Horses
A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
May Consider the Type, Size and Weight and the Specific Needs of the Facility and;
Whether the facility can accommodate these features.
Must be housebroken and in sufficient control. Title II §35.136 Title III §36.302(c)(3)
29
Service Animal Access
Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity’s facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.
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Service Animal Control A service animal shall be under the control of
its handler. A service animal shall have a harness, leash, or
other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
31
Service Animal Conduct
A public entity may ask an individual with a disability to remove a service animal from the premises if—the animal is out of control; andthe animal’s handler does not take
effective action to control it; orthe animal is not housebroken.
32
Exclusion of Service Animal
If a public entity properly excludes a service animal, it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
33
Service Animal Surcharges/Damages
A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets.
If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
34
Permissible Inquiries
If the Impairment is NOT Obvious Two Questions are Permitted: Is the animal needed for a
disability and; What task(s) the animal has
been trained to Perform. An entity Cannot ask them to
demonstrate the task.
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Impermissible Inquiries An entity may not: Make inquiries when it is apparent
the animal is a service animal; Ask for ANY kind of documentation
including certification, training or licensing;
Inquire about the nature of the individual’s disability;
Require special ID cards for the animal.
36
What is a Task?
Navigation for the Blind or those with Low Vision
Alerting the Deaf or Hard of Hearing
Pulling a Wheelchair Providing Non-Violent
Protection or Rescue Work (alerts to presence of another at ATM)
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What is a Task? (cont.)
Assisting During a Seizure Alerting to the Presence of Allergens Retrieving Items Providing Stability or Support for
Mobility Psychiatric Service Animal: Helps
persons with Psychiatric and Neurological Disabilities by Interrupting Impulsive or Destructive Behavior
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What is Training?
Service Animals are Individually Trained to Perform Tasks for People with Disabilities
Animal may be Self Trained
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Service Animals: Special Issues
Businesses that sell or prepare food must allow Service Animals in public areas even if state or local health codes prohibit animals on the premises.
Allergies are typically not a reason to exclude service animals.
40
Service Animal Care and Supervision
A public entity is not responsible for the care or supervision of a service animal or Provide a Special Location for it to Relieve Itself.
An entity may want to consider:designated area where the student can tend to
the service animal’s basic daily needs, e.g., eating or bodily functions;
Allowing student periodic breaks so the student can care for the service animal’s basic daily needs.
41
Emotional Support / Comfort Animals
Animals that are for Comfort or Emotional Support are Not Service Animals
However: FHA Recognizes them (HUD also) State or Local Law may recognize them
42
Wheelchairs and Mobility Devices
A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian use.
43
Definition of Wheelchair
A manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.
Includes mobility scooters No size or weight maximum
§35.104 and §36.104
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Other Power-Driven Mobility Device (OPDMD)
Any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. §35.104 and §36.104
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Assurances A public entity may ask a person using
an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person’s disability.
May Not inquire about the person’s Disability.
A public entity shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the other power-driven mobility device is for the individual’s mobility disability.
46
Assurances (cont.) A ‘‘valid’’ disability placard or card is one that is
presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards.
In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability.
47
OPDMD Legitimate Safety Requirements
An entity may consider: Type, Size, Weight and Dimensions
Compared to Wheelchairs Facility volume of Pedestrian Traffic Facility Dimensions Legitimate Safety Requirements Ability to Stow when Not in Use Threat to Environment
§35.130(h) and §36.303(1)(b)
48
OPDMD Policies Develop a Policy that clearly states:
Types and sizes permitted Places, times, and circumstances
permitted Speed limits Storage availability Policy related to credible assurance
Include a Safety Analysis No fuel driven engines indoors (Powered by
fuel, batteries or other engines) Publish for advance notice
http://www.gsa.gov/graphics/pbs/Interim_Segway_Policy_121007.pdf
49
Effective Communication Devices and Auxiliary Aids
When selecting auxiliary aids, the entity must give Primary Consideration to the request of the person with a disability. The entity must honor the choice of the person with a disability unless:
the entity can demonstrate that another equally effective means of communication exists or ;
use of the means chosen device would not be required because of a fundamental alteration or undue burden.
50
Determining Appropriate Auxiliary Aids
Complete a communication assessment Initially and Throughout the situation.
Inform students of the request status. Inform students if services will not be
provided. Inform students of alternate services that
are available or will be provided.
51
New Definition Qualified Reader
“A person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.”
52
New Definition Qualified Interpreter
“An interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.”
53
Addition: Video Remote (VRI) Interpreting
VRI interpreting uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images. §35.104 and §36.104
54
VRI Performance Standards
Real-time Full-motion Video and audio High quality video with No lags or irregular pauses Not grainy, blurry, or choppy Must see both interpreter’s and
student’s face, arms, hands, and fingers
55
VRI Performance Standards (cont.)
Must be:Immediately available“As effective as communications with
others”Provided in a way to protect the privacy and
independence of persons with disabilities Employee must be trained in effective
use May not be appropriate for all situations
56
June 29, 2010 DOJ/OCR Letter Regarding Inaccessible
Technology: Kindle
Expressed “concern” for Electronic book readers that are not accessible to the vision impaired
Requests Universities to refrain from using inaccessible technology
Office of Ed and DOJ are on the same page regarding this issue
57
Family Members and Companions
Family members cannot be required to interpret. (§35.160(c)(1) and §36.303(c)(2))
Companion is entitled to auxiliary aids. A Companion is any family member, friend or
associate, accompanying a person seeking access to a service, program, or activity who is an appropriate person to communicate with.
Minor children may only be used in unforeseeable emergency. (§35.160(c)(3) and §36.303(c)(4))
58
OCR Investigation of Fees Charged for Student Failure to
Cancel Interpreter
University has 50 Part-Time Interpreters
Interpreters Paid $20-$30 per hour Before Implementing Policy, University
Checked with OCR
59
Utah OCR Investigation
Policy Charged Fee when 2 Hour Notice Not Provided after 3 No Shows in the same course
Interpreters Wait 20 Minutes+10 for every hour of class. (Phone, E-mail, Text)
Students Signed a Contract Acknowledging Policy
Students Warned via E-mail Status of 3 Freebies
Fees Cancelled for Absence Associated with Emergency or Other Valid Circumstances
60
Utah OCR Investigation (cont.)
Students could reduce Fees by ½ if they Met with DSO and/or Articulated an Understanding of the Policy and Hardship for Failing to Provide Notice Through One of the Following: No Show Workshop No Show and Academic Success
Workshop No Show and Academic Success
Essay
61
Utah OCR Decision University did Not Violate Title II or 504 Provided Equal Access Cancellation Fee was Not an
Attendance Policy Did not Charge for the Service,
Charged for failure to Cancel- Consistent with Charging for Other Services Provided by the University (catering etc.)
Referred to the Remediation Referred to Grievance Policies
62
Key Points for OCR’ S Decision
Clearly stated policy Student signed and understood University followed the policy
(excellent documentation) Willfulness of student (multiple
occurrences after numerous warnings)
63
Key Points for OCR Decision (cont.)
Charges Not intended to recover the cost Several methods for Students to decrease
fees 2 hour notice was generous Ability to continue services (essential can’t
discontinue) Opportunity for education or re-education Referred to grievance policy if dissatisfied
64
Telecommunications
Title II and III require Voicemail and messaging to be real-
time for individuals using auxiliary aids and services including TTYs and all forms of FCC-approved telecommunications relay systems, including internet based relay systems §35.161(b) and §36.303(a)(1)
65
Telecommunications (cont.) Title II and III require: Response to telephone calls from
telecommunications and relay services in the same manner as other calls §35.161(c) and
§36.303(d)(4) Title III allows places of public accommodation
to use relay services in place of direct telephone communication for receiving or making telephone calls incident to operations §36.303(d)(3)
Title III requires accessible public phones if public allowed to use phones on more than incidental basis §36.303(d)(2)
66
Exams and Courses
Title III (§36.309)
Three Distinctions: Documentation is “Reasonable and
limited” Prior modifications in similar situations
receive “Considerable Weight” Response is in a “timely manner”
67
Documentation: Reasonable and Limited
New language adopted from the Preamble:“…when testing entities receive
documentation provided by a qualified professional who has made an individualized assessment of an applicant that supports the need for the modification, accommodation, or aid requested, they shall generally accept such documentation and provide the accommodation”.
68
Acceptable Documentation Recommendation from Qualified
ProfessionalLicensed or Credentialed with expertise in
the disability for which the modification is sought
Psycho-educational evaluation History of Diagnosis Participation in Special Ed Program Prior accommodation from
Standardized Testing Agency
69
ETS Categories of Documentation
Compelling Prior Diagnosis Prior Special Education Services
Helpful Private Schools may Provide Informal
Accommodations- Private tutoring, Coaching Limited
Relevant Supplemental Information Student Intake forms Copy of High School Report Card Certain Information from the Application
Packet may also be Useful
70
ETS Documentation Criteria Checklist
1. Does the evaluator clearly indicate disability?
2. Is the documentation sufficient to support he claimed disability?
3. Is the evaluation current? 4. Does the evaluator appear to be
qualified to make diagnosis?5. Does the documentation include
relevant educational developmental, and medical history? (This is very important if scores
don’t stand alone)
71
ETS Documentation Criteria Checklist
6. Does documentation include a list of administered tests with all scores
and subtests? (not grade equivalent)7. Is there an explanation of how the
documentation supports the need for each of the requested accommodations?
8. Is there a description of the functional limitations resulting from the
disability?9. Is there a detailed explanation of why
no prior accommodations were given, but accommodations are needed now?
72
Use of Mitigating Measures
Mitigating Measures may be considered when determining Accommodations Does the documentation show past
and current use of mitigating measures?
Is the documentation clear the accommodation is necessary after use of mitigating measures?
73
Considerable Weight
When considering requests for modifications…the entity gives considerable weight to documentation of past modifications…received in similar situations, as well as such modifications…provided in response to an [IEP]…or…[Section 504 plan]. §36.309(B)(1)(V)
74
Considerable Weight Interpretation
When candidate is seeking the same testing arrangements, the testing entity should clearly grant the request for accommodations because the history of testing accommodations determined through the rigors of a process required by federal law is useful and instructive.
75
Timely Manner
Entities must act quickly. Seeking additional documentation
may result in extended delay thereby delaying equal opportunity or equal treatment in an examination setting.
Requiring early applications violates “in as timely a manner”.
76
Princeton Settlement Agreement 2010
Student with dyslexia, attention deficit hyperactivity disorder with diminished ability to comprehend and express language, recall previous material, communicate in writing and focus on work
Received double time on her SAT Triple time for the ACT standardized
test History double time on exams in high
school
77
Princeton (cont.)
September Accommodations IssuedReduced-distraction testing environmentRest breaksElectronic textsUse of a laptop in class and for timed tests One-exam-per-day limit
Denied her request for extended exam time
78
Princeton (cont.) January 2010, granted 50 percent
extended time on her exams Filed amended complaint that contended
the accommodation did not go far enough, leaving her “at the bottom of a slanted, not level, playing field” among her classmates
Apx 90 undergraduates receive academic accommodations
66 receive extra time on their exams 5,047 undergraduates enrolled
79
Princeton Agreed Beginning Spring Semester with the
final exam double time on examinations (what was requested) will be given as an interim accommodation
University Task force will review Office of Disability Services and recommend best practices to provide equal access to students with disabilities
80
New Safety Requirements
A public entity may now impose legitimate safety requirements for the safe operation of its programs, services, or activities.
Requirements must be based on actual risks, not speculation or stereotypes. (§35.130(h))
81
New Direct Threat
Covered entities generally bear the burden of proving the individual presents a significant risk to the health and safety of others that cannot be eliminated by modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. §35.139 mirrors §36.208.
82
Direct Threat
Under the ADA, an entity may lawfully exclude an individual from access for safety reasons when it is shown that the individual would pose a direct threat.
“Direct threat" standard must be uniformly applied and may not use safety concerns to justify exclusion of persons with disabilities when persons without disabilities would not be excluded in similar circumstances.
83
Individualized Assessment Nott v. George Washington University
GWU student suspended, forced to withdraw, then banned from campus after checking himself into a University hospital for depression.
GWU sent letter to him stating that he had violated the student conduct code by engaging in “endangering behavior.”
Better ApproachMake every effort to meet in person prior to making a
decision. Provide a reasonable period of time for decision-
making. Utilize “interim suspension” or “interim leave”
procedures when necessary.
84
October 26, 2010 Dear Colleague Letter
“And, of course, even when bullying or harassment is not a civil rights violation, schools should still seek to prevent it in order to protect students from the physical and emotional harms that it may cause.”
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf
85
The 21st Century Communications and Video
Accessibility Act of 2010Signed into law October 8, 20101. Requires accessibility features for
visual and hearing impairments on web browsing, text messaging, smart phones, video programming guides and navigation devices.
2. Requires major stations and TV guides to include Video description. (for the blind).
86
Advanced Notice Of Proposed Rulemaking
WEBSITE ACCESSIBILITY §508 Compliance for All entities DOJ is Targeting Public Entities Specifically looking at:
Program Registration Services
87
Web Site Accessibility
Thomas E. Perez, AAG for DOJ Civil Rights Division“… we intend to use every tool at our disposal to ensure that people with disabilities have equal access to technology and the worlds that technology opens up.”
88
Web Site Accessibility Images and animations. Use the ALT
attribute to describe the function of each visual. Images have embedded text explanations.
Image maps. Use client-side MAP (image map processor) and text for hotspots (active regions in images containing links or other types of interactivity).
Multimedia. Provide captioning and transcripts of audio, and descriptions of video. Eliminating Flash.
Hypertext links. Use text that makes sense when read out of context. For example, avoid “click here.”
89
Web Site Accessibility (cont.)
Page organization. Use headings, lists and consistent structure. Be sure they are descriptive.
Use CSS (cascading style sheets) for layout and style when possible.
Graphs and charts. Summarize or use the longdesc (long description) attribute.
Scripts, applets and plug-ins. Provide alternative content in case active features are inaccessible or unsupported.
90
Web Site Accessibility (cont.)
Frames. Use NOFRAMES (displaying text intended for frames in Web documents for those using browsers that cannot read frames) and meaningful titles.
Tables. Make line-by-line reading sensible. Summarize.
Check your work. Validate. Use tools, checklists and guidelines at http://www.w3.org/TR/WCAG.
quick tips also are at: http://www.w3.org/WAI/References/QuickTips.
91
Accessibility in Distance Education
John Wodatch, chief of the disability rights section of the Justice Department, at the June meeting of the National Association of College and University Attorneys, urged college officials to think about the accessibility of their online courses to blind students and those with limited manual dexterity.
92
Accessible Distance Education (cont.)
Ensure materials and web registration include access statement
Ensure 508 compliance in every aspect (testing etc.)
Provide assistive technology training at Distance Sites
Consider alternatives to “chats”
93
Distance Ed Policy Topics
On-Campus Fees Off-Campus
(Online) Fees Billing Retakes Incomplete Grade
Policy Credit Hours
Credit Hour Limit Grades Graduation Status Changes Drop/Refunds/ Withdrawals Accessibility Notice
94
Advanced Notice Of Proposed Rulemaking
MOVIE CAPTIONING Open and Closed (for the deaf
and hearing impaired) Video description (for the blind)
95
Advanced Notice Of Proposed Rulemaking
911 TECHONOLOGY Must currently accept TTY directly
without using outside relay services Ultimate Goal is for 911 to use voice,
text, or video from wired and wireless devices
96
Advanced Notice Of Proposed Rulemaking
EQUIPMENT Medical Equipment (exam tables,
chairs) Exercise Equipment Golf Carts (and number of holes on the
course) Beds Electronics (all kiosks, point of sale
machines and ATM, gas pumps)
97
Advanced Notice Of Proposed Rulemaking
NEW GUIDANCE HEALTHCARE ACCESSIBILITY
Exam Room, Waiting Room and Restroom must be accessible
Cannot examine patients in wheelchair (must have lifts or adjustable exam tables)
Cannot require patient to bring someone to lift or assist them
Cannot have excessive wait for accessible exam room or equipment
98
Further Information
U.S. Department of Justice, Civil Rights Division, Disability Rights Section
www.ada.gov800-514-0301 (voice)
http://www.ada.gov/anprm2010/anprm2010.htm
99
Melissa L. Frost, J.D. Melissa L. Frost, J.D. Loss Control ConsultantLoss Control Consultant
Phone: Phone: 801.538.3589801.538.3589Fax: Fax: 801.538.9597801.538.9597
Email: Email: [email protected]@utah.gov