LEGISLATION
News
On October 18, 2000, the Access Board
published accessibility guidelines for newly built or altered play areas
under the Americans with Disabilities Act (ADA). The guidelines are
one of the first of their kind in providing a comprehensive set of criteria
for access to play areas. The guidelines are posted on the
Board's web site at www.access-board.gov.
Copies also can be ordered through the Board's publication line at (800)
872-2253 (voice) or (800) 993-2822 (TTY) and requesting publication S-39.
The Passenger Vessel Access Advisory Committee will present its recommendations
to the Access Board on accessibility
guidelines for passenger vessels at a meeting November 17, 2000 in Miami
Beach, Florida at the Radisson Deauville Resort. The Board created
this committee in August 1998 to explore ways to achieve access in view
of certain design considerations for various types of vessels, including
ferries, gaming boats, cruise ships, and sightseeing boats. The Board will
propose guidelines based on the committee's report that will supplement
the Board's ADA Accessibility Guidelines for Transportation Vehicles.
For further information, e-mail pvaac@access-board.gov or call (202) 272-5434
ext. 119 (voice) or (202) 272-5449 (TTY).
The Public Rights-of-Way Access Advisory Committee will present its
recommendations for sidewalk and street crossing accessibility at the annual
meeting of the Transportation Research Board on January 10, 2001 in Washington,
D.C. at the Marriott Wardman Park Hotel. The committee was
created by the Access Board in
1999 to develop guidelines on accessible public
rights-of-way. The committee's report will provide a consensus document
that transportation practitioners can use to implement the ADA and the
accessibility policies articulated by the U.S. Department of Transportation.
For further information, e-mail windley@access-board.gov or call (202)
272-5434 ext. 125 or (202) 272-5449 (TTY).
The Access Board and the American
Institute of Architects (AIA) recently unveiled a web-based education course
on the Board's ADA Accessibility Guidelines (ADAAG). The course focuses
on supplements to ADAAG that cover public sector facilities, including
courthouses and prisons, and building elements designed for children's
use. The AIA is making this course available on its web site at www.e-architect.com
to train architects and provide continuing education credits to its members
and others. For further information on the AIA's on-line education
course, contact the AIA at (202) 626-7317. Course material will also be
posted on the Board's web site at www.access-board.gov
(education credits will not be available through the Board's site).
The Access Board is developing
final standards for accessible electronic and information technology under
section 508 of the Rehabilitation Act Amendments of 1998. This law
requires access to such technology when developed, procured, maintained,
or used by Federal agencies. Federal agencies must ensure that this
technology is accessible to employees and members of the public with disabilities
to the extent it does not pose an "undue burden." The Board plans
to publish the final standards early in 2001. The enforcement provisions
of section 508 will take effect six months from publication of the
final standards. The standards, which will become part of the Federal government's
procurement regulations, will cover various means for disseminating information,
including computers, software, and electronic office equipment.
Bills for SCI Research: The Quest for CURE is a group of people
dedicatedto lobbying for more spinal cord injury research funding at the
state and federal levels. Their web site at http://carecure.rutgers.edu/Quest/QuestHome.html
provides breaking information and legislative news, a source offiles, links,
and other resources. For information on AB750 (the RomanReed Spinal Cord
Injury Research Act), also see the Californians for Cure Website.
The Federal
IT Accessibility Initiative is an interagency partnership working to
ensure the accessibility of electronic and information technology to individuals
with disabilities. This interagency group is hosted by the Office of Government
wide Policy, a component of the General Services Administration (GSA).
Section 508(b) of the Rehabilitation Act mandates GSA and the Access Board
to provide technical assistance to federal agencies concerning the requirements
of section 508.
ADA Revisions:the The U.S.
Access Board, also known as the Architectural and Transportation Barriers
Compliance Board (ATBCB), has proposed a complete revision of ADA Accessibility
Guidelines (ADAAG). Read about these proposals at http://www.dredf.org/adaag.htmlhttp://www.access-board.gov/ada-aba/guidenprm.htm
and http://www.access-board.gov/ada-aba/guidenprm.htm
The Board received more than 2,500 comments on their proposal to update
its Americans with Disabilities Act Accessibility Guidelines (ADAAG) (which
cover the construction and alterations of facilities in the private and
public sectors covered by the ADA) and the Architectural Barriers
Act which applies to facilities in the Federal sector and others designed,
built, altered, or leased with Federal funds. Now that the comment period
has closed, the Board is reviewing and analyzing the comments and will
deliberate on changes to the proposed guidelines based on the comments.
After completing and approving a final document, the Board will submit
it to the Office of Management and Budget (OMB) for review and clearance.
Once cleared by OMB, the final guidelines will be published in the Federal
Register. The updated requirements must then be adopted by other Federal
agencies responsible for the actual enforcement standards that are based
on the Board's guidelines. The Department of Justice and the Department
of Transportation maintain standards for facilities under the ADA.
Four agencies maintain standards for federally-funded construction under
the ABA: the Department of Defense, the Department of Housing and Urban
Development, the General Services Administration, and the U.S. Postal Service.
(Source: Access Currents, Volume 6, No. 3 May/ June 2000)
Recreation Facilities Standards: By late July, the U.S.
Access Board plans to publish a summary of draft final guidelines for
recreation facilities that will be available for public review and comment.
When finalized, these guidelines will supplement the Board's ADA Accessibility
Guidelines (ADAAG) by adding a new section covering a variety of recreation
facilities, including amusement rides, boating facilities, fishing piers
and platforms, golf courses, miniature golf, sports facilities, swimming
pools and spas. They will provide both scoping requirements, which
specify what has to be accessible, and technical requirements, which spell
out how access is to be achieved. (Source: Access Currents, Volume 6, No.
3 May/ June 2000)
Olmstead Decision: The Supreme Court decision in Olmstead v.
L. C., 119 S.Ct. 2176 (1999) meant that states are required to provide
community-based services for persons with disabilities who would otherwise
be entitled to institutional services when: (a) the State's treatment professionals
reasonably determine that such placement is appropriate; (b) the affected
persons do not oppose such treatment; and (c) the placement can be reasonably
accommodated, taking into account the resources available to the State
and the needs of others who are receiving State-supported disability services.
The Olmstead case was brought by two Georgia women whose disabilities include
mental retardation and mental illness. At the time the suit was filed,
both plaintiffs lived in State-run institutions, despite the fact that
their treatment professionals had determined that they could be appropriately
served in a community setting. To read about the decision, visit The
Center for an Accessible Society (discussion of decision); Supreme
Court Majority Opinion On Olmstead by Jonathan D. Ezekiel and The
Olmstead Decision
Medicaid: The states are reponsible, under Medicaid, to periodically
review the services of all residents in Medicaid-funded institutional settings.
A departmental workgroup, co-chaired by the Director of HCFA's
Center for Medicaid and State Operations and the Director of the DHHS
Office for Civil Rights, is asking for all states and stakeholders
to submit questions and recommendations on a plan for home and community-based
services to facilitiate the implementation of the integration requirement.
Please send such written correspondence to: DHHS Working Group for ADA/Olmstead,
c/o Center for Medicaid and State Operations, HCFA, Room S2-14-26, DEHPG,
7500 Security Blvd., Baltimore MD 21244-1850
Chicago Transit Authority Sued: A suit has been filed in U.S.
District Court on behalf of Access Living of Metropolitan Chicago and nine
individual plaintiffs with disabilities against the Chicago Transit Authority
("CTA"). The legal action seeks injunctive relief, declaratory relief
and damages for the system's failure to provide equal access to public
buses and trains for people with disabilities as required under Title II
of the Americans with Disabilities Act of 1990 and the Rehabilitation Act
of 1973. For further information, contact Barry C. Taylor, Equip for Equality,
at 312/341-0022, 800/537-2632 or TTY 800/610-2779.
The Centers for Disease Control and Prevention (CDC)
has an Advisory Committee for Injury Prevention and Control
(ACIPC) and the National
Center for Injury Prevention and Control has a Division of Acute Care,
Rehabilitation Research, and Disability Prevention which updates key activities
in spinal cord injury, traumatic brain injury, and poison control centers.
The Committee advises and makes recommendations to the Secretary, the Assistant
Secretary for Health, and the Director, CDC, regarding feasible goals for
the prevention and control of injury. The Committee makes recommendations
regarding policies, strategies, objectives, and priorities, and reviews
progress toward injury prevention and control. The Committee provides advice
on the appropriate balance of intramural and extramural research, and also
provides guidance on the needs, structure, progress and performance of
intramural programs, and on extramural scientific program matters. The
Committee provides second-level scientific and programmatic review for
applications for research grants, cooperative agreements, and training
grants related to injury control and violence prevention, and recommends
approval of projects that merit further consideration for funding support.
The Committee also recommends areas of research to be supported by contracts
and cooperative agreements and provides concept review of program proposals
and announcements.
Work Incentives Improvement Act: The U.S. House of Representatives
has voted 412-9 in favor of the The Work Incentives Improvement Act, which
allows individuals with disabilities to go to work without losing their
government health benefits. The Act passed the Senate in June with
a vote of 99-0. It is now headed to a joint committee of the House
and Senate and it is hoped that President Clinton will sign it by Christmas!
Contact your local Representative and Senator for more information and
to voice your opinion on the bill!
Social Security Administration Raises SGA Limit: SSA officially
raised the Substantial Gainful Activity (SGA) limit to $700/month. This
change will take effect on July 1, 2000. The SGA limit is the amount of
income a person can have and still qualify for Social Security disability
benefits (SSI or SSDI).
Catholic Church and the Olmstead U.S. Supreme Court Case: National
Catholic Disability Office Joins Amicus
in Olmstead U.S. Supreme Court Case; also there is a review of Catholic
considerations about the case
California Personal Assistants Legislation: In California, Assembly
Bill 16 by Assembly member Mike Honda will require the state to pay its
fair share of an increase in wages and benefits for personal assistants.
To obtain more information on this bill, please contact Arlene Degeer,
Resources for Independent Living Program Director, at 916-446-3074. Assembly
Bill 750, the Roman Reed Spinal Cord Injury Research Bill, authored by
Assemblyman John Dutra, will fund research projects aimed at curing SCI
paralysis. The money for the research will come from a small surcharge
on speeding tickets. Send letters of support to Assemblyman John Dutra,
State Capitol, Room 6011, Sacramento, CA 95814 or for more information
call Matt Sutton at 916-319-2020.
Court Rules Macy's Violate Accessibility Laws: A federal court
judge has ruled that Macy's San Francisco Union Square store violates state
and federal laws requiring access for disabled people from its entrance
and aisles to its dressing rooms and cash registers and must make the store
easier to navigate. The non-profit legal advocacy group, Disability Rights
Advocates, filed the suits against Macy's.
Accessible Buses: On September 10, 1999 the US District Court
f/t District of Columbia granted summary judgement to the Dept of Transportation
(DOT) in the lawsuit challenging DOT's final regulation on over the road
buses (OTRB's) used by private entitites, published about a year ago (American
Bus Association v. Rodney Slalter). It is an important victory for DOT's
regulation requiring Greyhound and other fixed route OTRB companies to
purchase only accessible buses after 2000. A summary of this regulation
is available at DREDF's website.
Legislation Links
National Association of
Protection & Advocacy Systems
halftheplanet.com:
Information on ADA, elections, advocacy
Disabilities Information Resources:
This site lists information on disability issues from around the world
including legislation
DREDF : Disability Rights Education
and Defense Fund, Inc.
DHHS Office
for Civil Rights
Notes
from Washington (lists recent decisions/actions by the federal government
affecting disabled persons)
U.S. Access Board, also known
as the Architectural and Transportation Barriers Compliance Board (ATBCB)
Social Security Administration
Laws
Americans with Disabilities Act of 1990
Fair Housing Act
http://www.hud.gov:80/fhe/fhehous.html
Individuals with Disabilities Education Act of 1997 (IDEA)
Family & Advocates Partnership 1
for Education (FAPE): The Partnership
is a new project which aims to inform and educate families and advocates
about the Individuals with Disabilities Education Act of 1997 and promising
practices.
IDEA
'97: The Individuals with Disabilities Education Act of 1997 (government
site)
Section 504 of the Rehabilitation Act of 1973
Copy of Law (from U.S. Department of Labor):
http://www.dol.gov/dol/oasam/public/regs/statutes/sec504.htm
Discussions of Law:
U.S. Department of Housing & Urban Development: http://www.hud.gov/progdesc/s-504.html
Rehabilitation Act of 1973, As Amended through 1998: Nondiscrimination
Under Federal Grants and Programs
http://ericec.org/sect504.html
Section 508(b) of the Rehabilitation Act of 1973
Requires that electronic and information technology developed, procured,
maintained, or used by the federal government be accessible to people with
disabilities. I
The Federal IT Accessibility
Initiative is an interagency partnership working to ensure the accessibility
of electronic and information technology to individuals with disabilities.
This interagency group is hosted by the Office of Government wide Policy,
a component of the General Services Administration (GSA). Section 508(b)
of the Rehabilitation Act mandates GSA and the Access
Board to provide technical assistance to federal agencies concerning
the requirements of section 508.
The Access Board is an independent
federal agency. Their website contains information on Section 508.
In 1998, the Board established an Electronic and Information Technology
Access Advisory Committee (EITAAC) to help the Board develop standards
under Section 508.
Assistive Technology Act of 1998
Center for Information
Technology Accommodation (CITA): Legislation and policies on
information systems accessibility
Olmstead Decision
The
Center for an Accessible Society (discussion of decision)
Supreme
Court Majority Opinion On Olmstead by Jonathan D. Ezekiel
The
Olmstead Decision
Telecommunications Act of 1996 (text and commentaries)
http://www.fcc.gov/telecom.html
Federal Communications Commission (FCC)
Ticket to Work and Work Incentives Improvement Act of 1999
http://www.ssa.gov/legislation/legis_bulletin_120399.html
(Social Security Administration Legislative Bulletin) http://www.cddc.com/WIIAFinalSum.htm
(ARC Summary of Selected Provisions)
DISCLAIMER: Information and materials are provided for informational purposes
only and not as medical advice, instruction, or recommendations by our
organization. Consult your health professional for advice relating
to a medical condition or appropriate activities.