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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)


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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.