ADA In Focus - Volume 8, Number 3 Fall 2003
In Focus this Issue
- ADA Issues:
- Training News and Events
- Coalition/Consortium News:
- ADA Rulings:
- What's New:
- Web Sites
ADA&IT IN FOCUS is published three times yearly by the ADA&IT Information Center for the Mid-Atlantic Region. It is posted to the web on the "Publications" page at adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk.
Richard G. Luecking, President
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Kathleen Desmond Porter, Training and Organization Development Director
Wesley R. Young, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
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 # H133D010212). 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
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TEL: 301-217-0124 v/tty
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URL: www.adainfo.org
© 2003 by TransCen, Inc.
ADA ISSUES:
HELP AMERICA VOTE ACT: New Law Includes Provisions for Access
The Help America Vote Act of 2002 (HAVA) was passed by Congress to improve the voting system through various means, primarily by:
- Establishing a program to provide funds to States to replace punch card, lever, and other outmoded voting systems;
- Establishing the Election Assistance Commission (EAC) to assist in the administration of Federal elections;
- Establishing minimum election administration standards for states and units of local government with responsibility for the administration of Federal elections.
Election Assistance Commission
Established under the Federal Elections Commission (FEC), the Election Assistance Commission (EAC, or the Commission) will serve as the national clearinghouse and resource on the administration of Federal elections. The EAC will be responsible for conducting studies, compiling information, reviewing procedures and practices, and disseminating information to the public on the implementation of the Act and the management of the grant programs.
The EAC, through the Technical Guidelines Development Committee, will develop and update the Voluntary Voting Systems Guidelines. The guidelines will serve as standards for the security and accessibility of voting systems. The National Institute of Standards and Technology (NIST) will lead and support these research and development efforts.
Additionally, the EAC will conduct studies on election administration issues, including methods of ensuring the accessibility of voter registration, ballot design, polling places, and voting equipment. The Commission is charged with submitting several specific reports to Congress. One study will focus on human factors that could be applied to improve the usability and accuracy of voting products for people with various disabilities and people with limited English proficiency. Another study will investigate the pros and cons of utilizing communications and Internet technologies in the voting process.
Federal Funds and Grants
The HAVA establishes a number of funds and grant programs to support the goals of the Act. Title I, Section 101 of the Act directs the General Services Administration (GSA) to make initial payments to the 50 states, as well as the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and American Samoa, for activities to improve the administration of elections.
These funds are to be used for a variety of activities, such as developing a state plan, educating voters, establishing toll-free lines for voters to obtain information and report fraud, and training election officials, volunteers, and poll workers. The funds can also be used to increase the number of polling places or to improve the accessibility of polling places for voters with disabilities.
Section 102 of the Act authorizes the GSA to make additionally payments to eligible states for replacement of punch card or lever voting equipment. Thirty states received payments under this program, including Maryland, Pennsylvania, Virginia, and West Virginia here in the Mid-Atlantic Region.
Requirements Payments
Title II of the HAVA establishes the "Requirements Payments" procedures for the states and territories to receive annual funds to support compliance with Title III, which includes requirements related to the accessibility of voting equipment and registration methods. States are eligible to receive requirements payments only if they submit a plan that describes how the funds will be used to implement the provisions of the Act. Funds can be distributed to local government units, as long as the state monitors progress toward the goals.
Title III of the HAVA requires that each voting system used in Federal elections be accessible for people with disabilities. This requirement can be met by having in each polling place at least one direct recording electronic voting system, or other voting system equipped to allow voters with disabilities the same opportunity for access and participation as other voters, including the ability to vote independently and privately.
This requirement applies to any jurisdiction which conducts Federal elections, regardless of what type of voting system it currently uses (e.g. direct recording electronic, lever, punch card, optical scan, manual count paper ballots, etc.)
Grants to Improve Access
The U.S. Department of Health and Human Services (HHS) is responsible for making grants to states, units of local government, and protection and advocacy systems to improve access to and participation in the election process for individuals with disabilities.
States and local governments may apply for funds to make polling places more accessible, including the path of travel, entrances, exits, and voting areas of each polling facility.
Funds can also be used for projects to provide information about the accessibility of polling places. Projects might include outreach programs to inform individuals about the availability of accessible polling places, or training election officials, poll workers, and election volunteers on how to promote the participation of individuals with disabilities.
Protection and Advocacy Systems
HHS will also make payments to the protection and advocacy (P&A) systems in each state to encourage full participation in the election process for individuals with disabilities, including registering to vote, casting a vote, and accessing polling places.
P&A systems may use grant funds to participate in HAVA advocacy and education efforts, including participation in the HAVA state plan development process, or the enactment of related state legislation.
P&A systems may provide assistance to states and local government entities regarding the physical accessibility of polling places. Assistance might include surveying polling places, identifying potential modifications to make specific polling places accessible, and developing criteria for identifying accessible polling places.
Grant funds may also be used to assist individuals with disabilities in filing complaints under the state-based administrative grievance procedure required by HAVA and to represent individuals with disabilities in any hearings that may be held regarding the complaint.
Educational Programs
Another grant program that is authorized under the HAVA supports the activities of the National Student and Parent Mock Election. This non-profit, non-partisan organization promotes voter participation through various school and community projects.
Activities include simulated elections, along with school forums and local cable call-in shows on election issues, speeches and debates, quiz team competitions, mock press conferences, speech writing contests, and neighborhood campaigns to increase voter turnout. Get-out-the-vote activities include newsletters and posters, telephone chains, and transportation to polling places. Awards will be presented to outstanding mock election projects.
The EAC will also establish the "Help America Vote College Program" to encourage students enrolled at institutions of higher learning, including community colleges, to assist state and local governments with elections by serving as non-partisan poll workers.
The EAC will develop advertising and training materials, and sponsor seminars and workshops at colleges and universities. The EAC may also award grants to support such activities, as long as funds are spent for projects and activities that are carried out without partisan bias, and without promoting any particular point of view regarding any specific issue.
The HAVA also creates a Federal charter for the Help America Vote Foundation; the purpose of the Foundation is to mobilize high school students, including those educated at home, to participate in the election process as non-partisan poll workers. Similar to the College Program, activities must be carried out without partisan or issue bias.
Complaints and Enforcement
HAVA requires that any state that receives any payment under a program under the Act must establish an administrative complaint procedure for any person who believes that there is a violation of any provision of title III, including a violation which has occurred, is occurring, or is about to occur.
Section 401 of Title IV of the HAVA assigns enforcement authority to the Attorney General for the uniform and nondiscriminatory election technology and administration requirements that apply to the states under Sections 301, 302, and 303 of Title III. Responsibility has been delegated to the Civil Rights Division of the Department of Justice; primary responsibility is within the Voting Section, which will coordinate with the Disability Rights Section on HAVA's disability related provisions.
The Attorney General may bring a civil action in U.S. District Court against any state or jurisdiction for declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements under sections 301, 302, and 303.
For more information….
U.S. Department of Justice (DOJ)
Civil Rights Division
Voting Section
Toll?free: 800-253-3931 (V/TTY)
Local: 202-307-2767 (V/RELAY)
The DOJ HAVA web page has a comprehensive collection of information on the HAVA and its implementation, as well as links to related information at other sites, including those of the Federal Election Commission (FEC), the Department of Health and Human Services (HHS), and the General Services Administration (GSA). Visit:
http://www.usdoj.gov/crt/voting/hava/hava.html
TRAINING NEWS AND EVENTS
Make It Your Business: 2nd Annual Self-Employment Conference for Individuals with Disabilities
- Frederick, MD................................................................October 16, 2003
This conference is for aspiring and existing business owners with disabilities, providers, advocates, and family members.For more information, contact Morris Tranen, RISE Program, 410-863-7473, or via e-mail at mail@mtranen.com or Julie Woepke, MD Dept. of Business & Economic Development, 240-777-2010, or via e-mail at JWoepke@mdbusiness.state.md.us
EEOC: Technical Assistance Program Seminar (TAPS)
- Arlington, VA.................................................................. October 30, 2003
This seminar will emphasize how to prevent EEO problems from developing and how to resolve discrimination complaints effectively when they do arise. Recertification credits from the Human Resource Certification Institute are available on an hour for hour basis. Continuing Legal Education (CLE) credits are available from select state bars for many of the EEOC's seminars.For more information, visit www.eeoc.gov/outreach/private.html
On-Line Tutorials on Accessible Information Technology
The U.S. Access Board has sponsored the development of a series of interactive web-based tutorials on various sections of its standards, issued under section 508 of the Rehabilitation Act, for electronic and information technology. The series also includes a tutorial on planning accessible conferences and meetings, which addresses other issues of accessibility, such as facility access for wheelchair users, working with interpreters, preparing alternate format materials, and more. On-line courses include:
- Designing Accessible Web Sites
- Accessible Conferences
- Buying Accessible E & IT
- Section 508 Coordinators
- Additional Accessibility & Usability Concerns
- Accessible Video and Multimedia
- Building and Buying Accessible Software
- Buying Accessible Computers
- Opening Closed Products
Visit www.section508.gov and click on the link to "508 Training", then the link to "REGISTER", where you will need to enter a user name and password to access the tutorials in the "508 Universe". Once you have entered the system, look for the "508 Training Courses" under the heading "My 508 Universe".
COALITION/CONSORTIUM NEWS
ANNUAL ADA UPDATE: OCTOBER 16
The Annual ADA Update will take place October 16, 2003, at the Holiday Inn Select Baltimore North in Timonium, Maryland.
This popular annual conference is sponsored by the Maryland Coalition for ADA Education and the ADA&IT Information Center for the Mid-Atlantic Region. Featured speakers will include representatives from the U.S. Access Board, the U.S. Department of Justice, and the U.S. Equal Employment Opportunity Commission.
Featured Presentation: Emergency Preparedness for People with Disabilities
This year's conference will also feature a presentation by Carl T. Cameron, Ph.D., of the National Center on Emergency Preparedness for People with Disabilities (NCEPPD). The NCEPPD provides training and resources to help emergency planning organizations address the communication, transportation and medical needs of individuals with disabilities.
NCEPPD offers workshops, consultations, and materials on preparedness issues including initial warnings, evacuation, and emergency shelter in both natural and man-made emergency and disaster situations.
Dr. Cameron's presentation, "Emergency Planning for People with Disabilities and Other Special Needs: Preparing for the Next Emergency," will offer an opportunity to explore the basis for emergency planning, the roles and responsibilities of various stakeholders, and how people can become involved to ensure that the needs of people with disabilities are considered.
Registration Information
The registration fee for the full day conference is $50, and includes continental breakfast, lunch, and all conference materials. Space is limited, so call now to take advantage of this exciting opportunity. Contact the ADA&IT Information Center for the Mid-Atlantic Region at 1-800-949-4232 V/TTY.
TO CONTACT THE ADA COALITIONS:
MD - 800-949-4232 V/TTY
E-MAIL - cjandre@comcast.net
DC - 202-234-7550 ext. 5 V or 202-234-7590 TTY
E-MAIL - info@disabilityrightscouncil.org
DE - 302-376-4399 v or 757-376-4397 TTY
E-MAIL - freedomcil@yahoo.com
WV - 304-296-6091 V/TTY
E-MAIL - ADAcoalition@aol.com
VA - 757-461-8007 V or 757-461-7527 TTY
E-MAIL - kgonzalez@endependence.org
PA 814-863-0471 V/TTY
E-MAIL - wwrl@psu.edu
State Assistive Technology Programs:
MD - 800-832-4827 V/TTY
WEB - www.mdtap.org
DC - 202-547-0198 V or 202-547-2657 TTY
WEB - www.atpdc.org
DE - 800-870-3284 V/TTY
WEB - www.asel.udel.edu/dati
WV - 800-841-8436 V/TTY
WEB - www.ced.wvu.edu/Programs/Community/WVATS/index.htm
VA 800-552-5019 V/TTY
WEB - www.vats.org
PA 800-204-7428 V/RELAY (in state only)
WEB - www.temple.edu/instituteondisabilities/piat/
ADA RULINGS:Supreme Court Activity
Supreme Court Refuses to Hear Sacramento Sidewalk Case
Even as the parties moved toward a settlement, the Supreme Court declined to review the decision of the 9th Circuit Court of Appeals in Barden v. City of Sacramento. This case, which has drawn national attention, was initiated by residents who claimed that the City built and maintained its public sidewalks in such a way that they were inaccessible to many people with disabilities.
Although the parties eventually reached an agreement on the provision of curb ramps at newly constructed or altered locations, they could not agree on the extent of the City's obligation to make improvements to existing stretches of sidewalk between corners and intersections.
The City claimed that sidewalks were not a "program, service, or activity" of the City government, therefore not subject to the "program access" requirements of Title II of the ADA. The district court agreed, but the court of appeals reversed, and the City then petitioned the Supreme Court for a review.
The Supreme Court asked the Department of Justice for its views on the matter, and the Department submitted a brief which urged the Court not to hear the case, calling the court of appeal's decision "correct." The brief described the provision and maintenance of sidewalks as "one of the most fundamental services provided by any municipality."
The Supreme Court declined, without comment, to hear the City's appeal; the lower court's ruling that public sidewalks are covered by the ADA will stand. Disability advocates expressed hope that municipalities in other areas of the country will be discouraged from raising similar challenges.
Supreme Court Rules on Forced Medication
The Supreme Court, in a ruling that focused on the issue of forced medication, decided the case of Sell v. United States. The Court ruled that the government can not forcibly medicate an individual who is not shown to be dangerous, solely so that the individual will be competent to stand trail. The case was sent back to the lower court for further consideration in light of its findings. Read the decision at: http://supct.law.cornell.edu/supct/html/02?5664.ZS.html
Partner or Employee?
The Supreme Court's opinion in the case of Clackamas Gastroenterology Associates v. Wells provides guidance on how to determine whether an individual is a "partner" or an "employee." The case arose from a dispute over whether the Clackamas medical practice had fifteen employees and was therefore a covered employer under the ADA. The Court's opinion is posted at: http://supct.law.cornell.edu:8080/supct/pdf/01-1435P.ZO
Supreme Court to Hear New Title II Case
The Supreme Court agreed to review Tennessee v. Lane, yet another case which raises the issue of the constitutionality of Title II of the ADA. This case combines the claims of two individuals, George Lane and Beverly Jones, who both use wheelchairs and could not access the upper floors of court facilities that lacked elevators.
Ms. Jones works as a court reporter, and claims that lack of access has interfered with her livelihood. Mr. Lane is an individual who was arrested for failure to appear when he refused to crawl up the stairs to attend a hearing.
The state of Tennessee maintains that the courthouses in question are county facilities, and not the responsibility of the state in any case. However, the state also argues that Congress exceeded its authority in subjecting the states to claims for damages under Title II.
Since the Alabama v. Garrett decision, where the Court held that states are immune from private suits for monetary damages in employment cases, the Court has sought to review other cases that raise the constitutionality issue in relation to state programs, services, and activities other than employment. Other cases that had been set for review were settled before they were argued before the Court.
NEWS AND RESOURCES
Tips and Information for Travelers
DOT: Air Travel and Service Animals
The U.S. Department of Transportation (DOT) has revised its guidance regarding service animals in air transportation. The purpose of the new guidance is to aid airline employees and people with disabilities in understanding and applying the provisions of the Air Carrier Access Act.
The document expands and refines previous guidance on flying with service animals, including service animal that provide emotional support. The guidance also specifies certain types of animals that can be refused transport in the aircraft cabin, regardless of what service they may provide for their owners. Such animals include snakes and other reptiles, ferrets and other rodents, or spiders.
The "Service Animal Guidance" can be opened in either Word or PDF formats; look for it at http://airconsumer.ost.dot.gov/rules.htm
Project ACTION: Travelers' Database
The Project ACTION web site offers an extensive collection of listings for the U.S., by state and city, of transit systems, accessible tour companies, airport transportation, hotel shuttles, taxi services, and vehicle rental agencies. It also includes a list of toll free numbers for domestic airlines, hotel chains, Amtrak, Greyhound, and vehicle rental companies. Visit www.projectaction.org and look for the "Accessible Travelers' Database."
Access Board: New Guides on Accessible Recreation Facilities
The U.S. Access Board issued new guidelines that address access to various types of recreation facilities, including amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf courses, sports facilities, and swimming pools, wading pools, and spas. Now the Board has developed seven supplementary guides to summarize and explain the specific provisions. Look for the "Recreation" link at www.access-board.gov.
DOJ: Guidance on Accessible Web Sites
The Department of Justice has a new technical assistance document available to provide guidance to state and local governments on how to make their web sites accessible. "Accessibility of State and Local Government Websites to People with Disabilities" includes resource information for web developers. This straightforward and helpful document is posted in PDF for print and PDF for screen, as well as HTML (www.ada.gov/websites2.htm).
NICHCY: New Publications in Spanish The National Information Center for Children and Youth with Disabilities has new and updated publications, including two new publications available in Spanish, available on their web site at www.nichcy.org. NICHCY offers a wealth of information on special education and related services for parents, young people, and educators. You can also call them toll free at 1-800-695-0285.
Tip Sheets: Deaf and Hard of Hearing Students
The Northeast Technical Assistance Center has a collection of over thirty tipsheets available on how to effectively serve Deaf and Hard of Hearing students in postsecondary educational institutions. These brief, easy to read tipsheets cover a wide range of topics, including classroom and testing accommodations, various technologies, campus safety issues, how to work with students with various types of hearing impairments (Deaf, Late-Deafened, Deaf-Blind, Hard of Hearing, etc.), how to work with rehabilitation programs and other sources of funding and assistance, and more. Visit http://netac.rit.edu/publication/tipsheet/
No Internet Access? If you are not able to obtain on-line publications, call the ADA&IT Information Center, 1-800-949-4232 V/TTY. We will be happy to assist you!
WEB SITES:
www.nvrc.org The Northern Virginia Resource Center for Deaf and Hard of Hearing Persons is building a new web site to offer information about news and events, equipment and technology, advocacy, and community organizations and support groups in the northern Virginia area. The site includes such features as listings of accessible performances and showings of captioned films, fact sheets on hearing assistance dogs, resources for parents, and much more.
www.pacer.org The Parent Advocacy Coalition for Educational Rights (PACER) Center was founded on the concept of parents helping parents, to expand opportunities for children and young adults with disabilities. The Center offers information, workshops and training, and an extensive collection of publications, including some in Spanish, Hmong, Laotian, and Somali, and some with Native American graphics.
www.pepnet.org The Postsecondary Education Programs Network (PEPNet) is the national collaboration of the four Regional Postsecondary Education Centers for Individuals who are Deaf and Hard of Hearing. PEPNet assists postsecondary institutions across the nation to effectively serve individuals who are Deaf and Hard of Hearing. Virginia and West Virginia are included in the southern region; visit http://sunsite.utk.edu/cod/pec/ Delaware, Pennsylvania, Maryland, and D.C. are included in the northeast region; visit http://www.netac.rit.edu/
ADA&IT IN FOCUS IS INTENDED FOR USE BY INDIVIDUALS, STATE AND LOCAL GOVERNMENTS, BUSINESSES, LEGAL ENTITIES, AND OTHERS INTERESTED IN THE ADA, IT, AND OTHER DISABILITY RELATED ISSUES. THIS PUBLICATION IS INTENDED SOLELY AS AN INFORMAL GUIDANCE AND SHOULD NOT BE CONSTRUED AS LEGALLY BINDING. ADA&IT IN FOCUS DOES NOT SERVE AS DETERMINATION OF THE LEGAL RIGHTS OR RESPONSIBILITIES OF ANY INDIVIDUAL, BUSINESS OR ENTITY.
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