Accessibility by liaoqinmei

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									           WIA Section 188
          Disability Checklist
               Training


         Elements 5.6 and 5.7 –
Programmatic and Architectural Accessibility
 We’ll be talking about:

• The difference between “accessibility” and
  “reasonable accommodation”
• The “hierarchy of obligations” related to
  accessibility
• The standards for architectural accessibility that
  apply under WIA Section 188 and the regulations
• The difference between “architectural accessibility”
  and “program accessibility”


                                                   5.6.7-2
Accessibility vs. reasonable
accommodation/modification
• Providing accessibility: taking generalized action in
  advance (so you’ll be ready for people with
  disabilities)
    Not tied to a particular person with a disability
• Providing reasonable accommodation/ modification:
  taking individualized action when a particular person
  with a disability seeks aid, benefits, services,
  training, or employment

                                                         5.6.7-3
What legal standards apply?


• 29 CFR 37.3(b) – incorporates standards
  from DOL’s Section 504 regs (29 CFR part
  32, Subparts B and C and Appendix A)
• 29 CFR part 32, Subpart C – deals with
  accessibility
• This presentation does NOT deal with
  ADA standards – or State standards


                                        5.6.7-4
Lack of access is no excuse


• 29 CFR 32.26 says you can’t:
   Exclude a person with a disability, or
   Give different benefits to a person with a
    disability, or
   Otherwise discriminate against a person with a
    disability . . .
. . . because a program or activity is
   inaccessible
                                                5.6.7-5
What accessibility standards must
you meet?
• It depends!
    How old is the facility? (When was it built?)
    Has the facility been, or will it be, altered or renovated
     for you to use?
    If so, when was it/will it be altered or renovated?
     (What date?)
    When did you first receive Federal financial assistance?



                                                          5.6.7-6
The “hierarchy of obligations”

• New construction
• Alteration or renovation
    Done by you, on your behalf, or for your use?
    Before or after you received Federal financial
     assistance?
• “Existing facilities”


                                               5.6.7-7
New construction

         Facility must fully meet
            legal standards for
         architectural accessibility
     [required by 29 CFR 32.28(a)]



                                       5.6.7-8
Alteration or renovation

• Was it done:
    by you?
    on your behalf?
    for your use?

• If no, use existing facilities rules


                                         5.6.7-9
Alteration or renovation (con’t)

• If yes, when was it/will it be done?
   Before you received Federal financial assistance:
    use existing facilities rules
   After you received Federal financial assistance:
    altered/renovated part must comply with
    architectural accessibility standards
• 29 CFR 32.28(b)

                                                5.6.7-10
Existing facilities

• Not new construction
• Either:
   Not altered or renovated by you, on your
    behalf, or for your use; or
   Altered or renovated before you first received
    Federal financial assistance
• Must meet program accessibility
  requirements
                                              5.6.7-11
Federal standards for
architectural accessibility

• Two different sets of Federal standards
  exist
   Uniform Federal Accessibility Standards
    (UFAS) – 41 CFR 101-19.6
   Americans with Disabilities Act Accessibility
    Guidelines (ADAAG)


                                               5.6.7-12
Which standards
should you use?
• DOL’s Section 504 regs say UFAS
• But . . . regs also allow “alternative
  standards” to be used if they will allow
  “equivalent or greater access”
• So . . . you may use either UFAS or ADAAG


                                           5.6.7-13
New standards to come?

• The Access Board is updating both UFAS
  and ADAAG to make them more
  consistent
• Once approved, standards will be published
  in final form (until then, old standards
  apply)
• For more info, see www.access-
  board.gov/ada-aba/status.htm
                                        5.6.7-14
What is program accessibility?
• What it does mean:
   Your program or activity must be accessible
    when viewed in its entirety
   Every aspect of your program or activity must
    be accessible
     Examples: intake, assessment, training
      courses




                                               5.6.7-15
Program accessibility (con’t)

• What it does not mean:
   Making each of your existing facilities accessible
   Making every part of your facility accessible
   Making structural changes where other ways of
    providing access are possible




                                                 5.6.7-16
Examples of changes
for program accessibility
• Redesigning equipment
• Moving classes or other services to
  accessible locations
• Assigning aides to participants/ beneficiaries



                                            5.6.7-17
Program accessibility:
two key points
• You must provide programs and activities
 in most integrated setting possible for people
 with disabilities
• You may be required to alter or renovate
 your facilities if there is no other possible way
 of providing program accessibility


                                             5.6.7-18
Any questions?

								
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