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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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