ADA In Focus - Volume 6, Number 3 Fall 2001
Then technological evolution became revolution. The capabilities of telephones, calculators, fax machines, copiers, and computers seemed to multiply overnight. And of course, the Internet created potentially unlimited communication, access to information, and business opportunities.
Many technological advances showed great promise for people with disabilities. People envisioned an explosion of opportunities in education, communication, employment, and independence. It was believed technology would compensate for lack of physical dexterity, strength, hearing, or sight. But as technology became more sophisticated, people with disabilities were excluded. Automated telephone answering systems that seem more like game show quizzes shut out people who can't respond quickly. Information appears everywhere on glassy screens -- green, glowing windows on cell phones, copiers, and fax machines where symbols and words appear, change, and fade. The newest electronic gadgets are so small it is difficult for some people to push the buttons Many websites are so complex that navigation is extremely challenging.
Push for Better Accessibility
Accessibility has taken on a whole new dimension, and we are beginning to see many efforts and developments within government, industry, and the disability community to address the challenges. One landmark piece of legislation that is significantly affecting the accessibility of technology is Section 508 of the Rehabilitation Act. Section 508 requires that when federal agencies develop, procure, maintain, or use electronic and information technology, employees and members of the public with disabilities must have access that is comparable to what is available to those without disabilities, unless it would be an undue burden. When compliance is an undue burden, agencies must provide the information by an alternative means.
New Federal Standards
Electronic and information technology includes computer hardware and software, web sites, phone systems, fax machines, copiers, and similar technologies. The U.S. Access Board has developed standards which are now part of the federal government's procurement regulations.
When the Standards Apply
The standards contain several sections: software applications and operating systems; web-based intranet and internet applications; video and multimedia products; computers; telecommunications products; and self contained, closed products (such as information kiosks, copiers, printers, calculators, fax machines).
Several themes repeat throughout the standards: the use of more than one method (such as text, graphic, color or sound) to present information, features that do not interfere with assistive technologies for people with disabilities, limits on flash and blink rates, options on time-out features, alternate controls for touch screens, volume control features, and controls that are easy to reach and operate.
Section 255
In addition to Section 508, the implementation of Section 255 of the Telecommunications Act is integral to achieving access to technology for people with disabilities. Section 255 requires telecommunications manufacturers and service providers to make their products and services accessible to people with disabilities, if readily achievable.
Where it is not readily achievable to provide access, Section 255 requires manufacturers and providers to make their devices and services compatible with peripheral and assistive devices that are commonly used by people with disabilities.
The Federal Communications Commission (FCC) has issued rules that cover all hardware and software network equipment and customer premises equipment (CPE). CPE is telecommunications equipment used in the home, office, or elsewhere to originate, route, or terminate telecommunications.
Equipment for Customers
Examples of CPE are telephones, fax machines, answering machines, and pagers. CPE that provides both telecommunications and non-telecommunications functions is covered only to the extent it provides telecommunications functions. For example, if a telephone has a clock, the features of the clock need not comply with the standards.
Usability of equipment can be enhanced by providing options to operate devices with limited vision, hearing, color perception, speech, cognitive skills, manual dexterity, reach and strength, and by ensuring compatibility with peripheral devices, such as TTYs, used by people with disabilities.
FCC rules regarding services cover basic and adjunct-to-basic telecommunications services, including regular telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller identification, call tracing, and repeat dialing.
In addition, the new rules cover interactive voice response (IVR) systems and voice mail. IVR systems are phone systems that provide callers with menus of choices. The rules require access to information and documentation for products and services, such as instructions and user guides
Companies must also provide functionally equivalent access to support services, such as technical support hotlines and databases, call centers, service centers, access to repair services, and billing services.
Technology in Education
Education is an area in which technology will be crucial to the success of students with and without disabilities, both in school and adult life. Today's students are using technology from kindergarten to college, and students with disabilities must have access to it. They must be prepared for the world of tomorrow, where it will be necessary to use various kinds of technology, regardless of the paths they choose to follow as adults
For architects and artists, scientists and social workers, plumbers and parents, we all need technology, and we need to be able to access it and use it in ways that make it work for each individual.
The ADA & IT Information Center has information on access to technology in education, employment, and other settings. Call 800-949-4232 (v/tty) for information. To find out more about Section 508, visit the Federal IT Accessibility Initiative's website at www.section508.gov and for more information on Section 255, visit the Consumer Information Bureau at the FCC's website.
Civil Rights and People with Disabilities:
The Americans with Disabilities Act
Lesson plans include suggestions for classroom discussions, activities, and extra credit assignments which can be incorporated into general social studies, government, history, citizenship, civics, law, vocational, and transition programs for students with and without disabilities.
Topics include:
- History and background
- Myths and stereotypes
- Employment
- State and local government
- Pubic accommodations
- Telecommunications and technology
The lesson plans are now available from:
ADA & IT Information Center
for the Mid-Atlantic Region
451 Hungerford Drive, Suite 607
Rockville, MD 20850
301-217-0124 V/TTY
www.adainfo.org
UPCOMING TRAINING EVENTS
Work Site Accommodation: A Symposium for Employers
Holiday Inn, Rosslyn at Key Bridg.........................October 1, 2001
For more information, contact the Symposium Coordinator
at 304-293-5313 or email: conference@rtcl.icdi.wva.edu.
IDEAS 2001 -- Accessibility for All: the Empowerment of Section 508
Capitol Hill Hyatt Regency, Washington, DC: Ooctober 2 - 3, 2001
For more information, email: ideas@cessi.net.
Hand in Hand: It's Worth the Investment
The National Summit on Mental Health in the Workplace will be held at the Ronald Reagan Building and International Trade Center.
Washington, DC.............................October 9, 2001
For more information, contact Caren Smith at the Scientific Consulting Group
at 301-670-4990 or Sheila Graham at Hayes and Associates at 703-556-9401.
Disability Employment Policy Institute
This event will be held at the Washington Court Hotel.
Washington, DC................................October 18-19, 2001
For more information, contact Susanne Bruyere at Cornell University at
607-255-7727 (v), 607-255-2891 (tty) or email: smb@cornell.edu.
Pennsylvania Assistive Technology Conference: Doing "IT" Right
A statewide conference on access to electronic and information technology (IT). Learn about universal design and assistive technologies to improve access to computer hardware, software, and electronic equipment in office and school settings. Increase understanding of applicable laws, standards and state policy.
Harrisburg, PA..........................................November 7 - 8, 2001
For more information, call the Pennsylvania Initiative on Assistive Technology at
800-204-7428 (v), 800-750-7428 (tty) or email: piat@astro.temple.edu.
Annual Maryland ADA Coalition Update
The Maryland Coalition for ADA Education will hold its annual day-long conference, featuring presentations on recent developments in ADA guidelines, enforcement activities, and other issues of interest.
Baltimore, MD.......................................November 8, 2001
For more information, contact Kimball Gray at the Maryland Statewide Independent Living Council at 301-585-9771 (v/tty) or email: kimball.msilc@gte.net.
Dream Together -- Share the Future: The Delaware Summit on Living Well with a Disability
Newark, DE.........................................November 13, 2001
For more information, contact Eve Austin at 302-577-4791, ext. 58 (v/tty) or email: eaustin@state.de.us.
COALITION NEWS
The Times They Are A-changin' A new national initiative funded by the Department of Education and the National Institute on Disability Rehabilitation and Research (NIDRR) will enable the Disability and Business Technical Assistance Centers (DBTACs) to expand their missions. The DBTACs nationwide will work more closely with educational entities to assist them in procuring and providing accessible information technology to students and employees. The ADA & IT Information Center proposes to expand collaborations between its staff, the state ADA Coalitions, and the Assistive Technology (AT) Act projects throughout the region. The project, slated to begin October 1, will provide information, training, and technical assistance, particularly to schools, colleges, and other educational entities, on accessible information technology (IT). Each state ADA Coalition will continue to provide ADA education and training. Each of the Mid-Atlantic state AT projects has many years of experience with assistive technology, as well as strong community partnerships with school systems, local governments, businesses, and non-profit agencies. Each state AT project provides a variety of information and programs, including many of the following services: Regional AT Resource Centers
Following are AT projects in the Mid-Atlantic region:
DC Assistive Technology Program Delaware Assistive Technology Initiative Maryland Technology Assistance Program Pennsylvania's Initiative on Assistive Technology (PIAT) Virginia Assistive Technology System West Virginia Assistive Technology System (WVATS)
www.atpdc.org
Information in English and Spanish: 202-547-0198 v; 202-547-2657 tty
www.asel.udel.edu/dati
800-870-DATI (3284) v/tty
www.mdtap.org
800-TECH-TAP (832-4827) v/tty
www.temple.edu/inst_disabilities/piat
800-204-PIAT (7428) v; 800-750-PIAT tty
www.vats.org
800-552-5019 v/tty
www.uacdd.wvu.edu/wvats
800-841-8436 v/tty
Decisions in Focus
CURRENT ADA RULINGS
Supreme Court Limits Ability to Obtain Attorney's Fees Prior to 1994, it was widely accepted that the term "prevailing party" could include one whose lawsuit triggered the change that was sought before the case was formally resolved by a court. In a case like this, the lawsuit would become moot, but attorneys' fees could be awarded based on the "catalyst theory" if the court judged that the plaintiff's lawsuit had not been frivolous or groundless, and had caused the defendant to act because of the strength of the claim. In 1994, the Fourth Circuit (MD, NC, SC, VA, and WV) decided that a plaintiff could not become a prevailing party without a court's order or approval through "an enforceable judgment, consent decree, or settlement." The case of Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources arose as the result of the state's "self-preservation" rule. The law required that residents of the assisted living facility be able to evacuate on their own in case of fire. An inspection revealed that a few residents were unable to do so, and the facility was ordered to shut down. Buckhannon sued under both the Fair Housing Amendments Act and the ADA. The West Virginia legislature quickly repealed the self-preservation rule, rendering the case moot. Buckhannon still sought an award of attorneys' fees but was denied based on Fourth Circuit precedence, since there had been no court-approved settlement, consent decree, or final judgment. The Supreme Court affirmed the judgment of the Fourth Circuit, holding that the catalyst theory is not a valid basis for an award. Chief Justice Rehnquist wrote the opinion for the majority, relying on a legal definition of the term "prevailing party," which refers to a "judgment." Justice Scalia notes in his concurring opinion that one cannot "prevail in a suit that is never determined." Justice Ginsburg wrote a dissenting opinion, calling the majority's interpretation "anemic" and expressing concern about the effect of the decision on the advancement of civil rights. The full text of the opinions, as well as a syllabus, can be found posted with the latest slip opinions at the Supreme Court's website. Pennsylvania County's Foster Care Policy Ruled Discriminatory The Third Circuit Court of Appeals has reversed a lower court ruling in the case of Doe v. County of Centre, Pennsylvania. The case was brought by John and Mary Doe (not their real names), who wanted to become foster parents. The Does' son Adam has AIDS, and the Does were told by the county that there would be several restrictions on the placement of any foster children in their home. The county argued that their policy was justified because of the "direct threat" to foster children, who might sexually assault Adam and contract HIV. The county presented data that indicated that 12% of foster children had committed some act of sexual abuse. (The term "sexual abuse" was defined to include several activities which carried no risk of HIV transmission.) Additionally, they argued that even if likelihood of transmission was remote, contracting HIV is so disastrous that the generalized policy was warranted. The Court was not convinced, stating that "a reasonable fact finder could easily find that the risk of a little boy or girl contracting HIV from Adam by forcing him to engage in high-risk behavior is the type of remote and speculative risk that is insufficient for a finding of significant risk." The Court also noted that the county's policy ignored one of the ADA's fundamental requirements -- to make decisions based on individualized assessments rather than broad generalizations or speculation.
A recent Supreme Court decision will limit the award of attorney's fees under many of the nation's civil rights laws. It has long been established by "fee-shifting statutes" that a "prevailing party" may be entitled to attorneys' fees. In other words, the loser can be ordered to pay the winner's lawyer.
What's New
Information Technology Technical Assistance and Training Center The Georgia Institute of Technology's Center for Assistive Technology and Environmental Access (CATEA), sponsored by and in association with the National Institute on Disability and Rehabilitation Research (NIDRR), has established an Information Technology Technical Assistance and Training Center (ITTATC) to promote awareness and development of accessible technologies. The ITTATC will provide information, training, and technical assistance on Section 255 of the Telecommunications Act and Section 508 of the Rehabilitation Act. The ITTATC will work with the various stakeholders, including consumers, Federal agencies, and industry representatives, as well as collaborators such as the DBTACs, to ensure coordination of information and activities, advance practical solutions, and create opportunities for innovation and change. To learn more about the accessible electronic and information technology and the ITTATC, visit their website at www.ittatc.org or call 866-9-ITTATC (948-8282) v/tty. FCC Addresses Access to Phone Menus The FCC considers access to these services critical to meaningful implementation of the Telecommunications Act and has extended Section 255 accessibility requirements to service providers and manufacturers of equipment that perform these functions. For more information, visit the FCC website. ICAES Awards Innovations in Technology The International Coalition of Access Engineers and Specialists (ICAES) has announced the winners of their 2001 International Access Engineering Awards program. ICAES' Lifetime Achievement Award: Policy and Process Award: Outreach and Communication Award: Collaboration and Coordination Award: Innovative Access Award BT and Royal National Institute for Deaf People (RNID) Typetalk launched BT TextDirect, a revolutionary new service for textphone users. Visit www.BT.com or www.mid.org. Digital Frog International developed an accessible multimedia course entitled "The Digital Field Trip to the Rain Forest." Visit www.digitalfrog.com.
The Federal Communications Commission (FCC) issued a public notice to remind companies that provide voice mail and interactive telephone menu products and services to ensure the accessibility of these systems for people with disabilities. Many people have difficulty using and interacting with these systems, given the expected quick response time, extensive lists of choices, and need to indicate numbers or the spelling of words. People with a variety of disabilities may not have time to respond properly. These difficulties are aggravated when interactive menus do not allow the caller to connect to a live operator.
The late Dr. Leonard Kasday, a Universal Design Engineer at the Institute on Disabilities at Temple University, developed an accessibility checker, the WAVE, which assists web designers in improving accessibility. Check it out at www.temple.edu/inst_disabilities/piat/wave.
The National Museum of American History Smithsonian Institution developed accessible prototype kiosks for an exhibition entitled, "The Disability Rights Movement." To view the exhibit online, visit americanhistory.si.edu/disabilityrights/welcome.html.
AbleTV.net, the first global web-based TV network. Visit www.abletv.net.
The Daisy Consortium, National Information Standards Organization (NISO) and Open e-Book (OEB) Forum developed file specifications for Digital Talking Books and e-Books. Visit www.daisy.org, www.niso.org/commitaq.html, or www.openebook.org.
The Swedish National Post and Telecom Agency started a provisional video relay service for translation between sign language and spoken language through the telephone. Visit www.pts.se.
ON THE INTERNET
The National Information Center on Children and Youth with Disabilities: www.nichcy.org
This site has a wealth of information available for families, educators, and other professionals. They also offer an extensive list of publications in Spanish.
The Educational Resources Information Center (ERIC): http://ericec.org
The ERIC site includes the largest education database in the world. The Council for Exceptional Children (CEC), located in Arlington, VA, operates ERIC's Clearinghouse on Disabilities and Gifted Education.
The Job Accommodation Network (JAN): http://janweb.icdi.wvu.edu
JAN has several new features on its site, including Consultants' Corner, the Small Business and Self-Employment Service (SBSES), the Searchable Online Accommodation Resource (SOAR), and a new publication on testing accommodations. Many of JAN's resources and ideas can be applied in educational situations as well as employment.
The Pennsylvania Training and Technical Assistance Network: www.pattan.k12.pa.us
supports the efforts of the Bureau of Special Education to build local capacity to provide appropriate services to special education students.
ADA in Focus is published three times yearly by the ADA & IT Information Center for the Mid-Atlantic Region.
The staff of the ADA Information Center is available to provide information on all aspects of the ADA to individuals, businesses, government entities and organizations in the Mid-Atlantic Region.
ADA In Focus is intended for use by individuals, state and local governments, businesses, legal entities, and others interested in developments in the Americans with Disabilities Act. This publication is intended solely as an informal guidance and should not be construed as legally binding. ADA In Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business or entity.
Richard G. Luecking, President
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Kathleen Desmond Porter, Training Director
Jo Roesle, Technical Assistance Specialist
Mark Derry, Training Consultant
Kimberly Antonelli, Editor
Donna Stewart, Administrative Assistant
TransCen, Inc. is a Rockville, MD-based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133D60006). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education.
ADA & IT Information Center
for the Mid-Atlantic Region
451 Hungerford Dr., Suite 607
Rockville, MD 20850-4151, tel: 301-217-0124 v/tty
fax: 301-217-0754,
tollfree: 800-949-4232 v/tty
url: www.adainfo.org
© 2001 by TransCen, Inc.
ADA In Focus is available in large print, Braille, audio cassette, and computer disk.
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