AHEAD: Association on Higher Education And Disability

March 2010

The articles published in the ALERT represent the opinions of the authors and are not an endorsement by the Association or necessarily representative of the views of the Association.

• Letter from the Editor
• Message from AHEAD President Mike Shuttic
• Professional Development. Take advantage of these upcoming events,
  conferences, and other opportunities to increase and share your
  knowledge.
• REFRAMING DISABILITY: Searching for a More Inclusive Approach
• HIGHLIGHTS OF DOJ PROPOSED ADA RULES (6/08): IMPACT ON higher education
• Ahead of the ADA Access Curve: Part 3 DOJ’s proposed ADA regulations: When in 2010? What do you need to know?
• SignOn and ACS Partnership: Sign Language and Text-based Communications Services with a Single Contract
• U.S. Department of State Exchange Alumni with Disabilities Featured in a Special Issue of A World Awaits You Journal
• 
  Spanning International Differences: AHEAD, The University of Montana, and Japanese leaders find common language in Student Transition Program

Letter from the Editor

Dear AHEAD Colleagues,

In this issue of the ALERT, AHEAD President Mike Shuttic urges us to think about how great achievements often emerge from small beginnings. Want to get involved? Make your interests known...

Make some time to readthe third in a series of articles, “AHEAD of the ADA Access Curve,” by Irene Bowen, J.D. This article offers some concrete suggestions for interpreting DOJ’s proposed ADA regulations: When in 2010? What do you need to know?

Dr. Adam Meyer, from Eastern University brings us the latest in the Reframing Disability series, “Searching for a More Inclusive Approach.” Dr. Meyer closely examines his own practices in an effort to shed light on how we might shift the focus of our efforts from the student to the environment.

Included as well are a great account of a 3-day transition workship for students with disabilities in Tokyo modeled, in part, on The University of Montana’s Transition Seminar Program, and a press release announcing a partnership between ACS and Seattle based SignOn merging text-based communication services with sign language.

The above articles and information about opportunities and upcoming conferences await you inside the ALERT… Enjoy, and please keep sending articles, event information and other items of interest to alvaro@email.unc.edu.

(Did you miss us? The next issue will come out in 3 months. This issue of the ALERT comes to you a few months later than usual. Apologies from the editor.)

Sincerely,

Alvaro Gomez
ALERT Editor

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Message from AHEAD President Mike Shuttic

The task at-hand may be unclear or ever-changing, though we are able to persevere with pause and open minds.

The ongoing needs related to campus accessibility along with emerging issues require awareness, knowledge, competence, and tact/rapport for successful navigation. We all find ways to keep abreast and informed, whether through trainings or online sources or trusted colleagues with whom we dialogue. We are wise to have reliable resources on which to draw. It is also important to recognize that new issues will arise and simple scenarios may be more complex than they appear. Mastery may be elusive; awareness and familiarity are well within reach.

Some people may already be in the midst of a few of the “emerging” and “unclear” issues, while others may have only heard about the topics. Topics such as: returning veterans, Kindle 2, regulations of defining “service animals”, intellectual disabilities and postsecondary programs, HEOA’s data collection requirements, global and international collaboration. AHEAD is involved in these areas in different ways and at various levels. The present seems fertile with ideas and opportunities. Awareness and willingness to cooperate, collaborate, and coordinate amongst/between agencies and organizations are greater. Regardless of the reason(s)—resources, economy, leadership—avenues are open for involvement toward growth and change. Interest in any of these areas may elicit a desire for personal involvement or a watchful eye for information and resources to utilize. Make your interests known. Too often we watch in wonder as others achieve wishful that we could do the same or have a similar impact. It is surprising to learn that most such achievements are a result of addressing a specific need within the scope of usual duties, pursuing an interest or passion, or starting small only to see momentum gain. It is possible.

Find time to pause. Lift your head from the specific task to wonder and vision to (re)gain perspective. Seek opportunities. There never seems to be time, though only a moment is necessary; therefore, it is a matter of making time.

“Progress lies not in enhancing what is, but in advancing toward what will be.” –Kahil Gibran

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Professional Development. Take advantage of these upcoming events, conferences,
and other opportunities to increase and share your knowledge.

Calls for Presentations and Articles:

ALERT submission and publication dates:

The ALERT is now being published (with a few exceptions) every 2-3 months. Here is the schedule for submissions:

Submissions Due:	Publication Date:
April 16, 2010	April 23, 2010

Please keeps those articles coming!

AHEAD and Affiliate Events:

March 22-27, 2010 CSUN Conference
Manchester Grand Hyatt Hotel San Diego, CA

The 25th Annual International Technology & Persons with Disabilities Conference

Greetings from the Center on Disabilities at California State University, Northridge!

We hope you are enjoying the year as we start to say good-bye to 2009. It's hard to believe that the holidays are here and the New Year is just around the corner. Before we all get too busy, we thought you might like to catch up on what's with the 2010 CSUN Conference plans. Conference registration for attendees will open on Tuesday, January 5, 2010. Register early to receive your early bird discount fee! Visit the Registration Information and Program Overview pages for details about registration and the conference.

Please be sure to check the Venue page for information on room reservations at the Manchester Grand Hyatt Hotel, tips about traveling and transportation to San Diego and other highlights regarding our new location.

Pre-Conference Workshops and General Sessions
Our impressive roster of experts who will be presenting in-depth information on the latest issues and future trends in the areas of disabilities and technology has been posted on the conference web site.

The 2010 Pre-Conference Workshops are again, impressive and informative offerings that will give you a reason to attend early and learn more at the conference. The CSUN Conference will, once again, be offering over 300 general sessions. We invite you to review the selections on the web site and sign up as soon as possible as seating is limited.

Visit the Pre-Conference Workshops page to view the schedule of available workshops.
Visit the General Sessions page to view the schedule of available sessions.

For more information please visit http://csunconference.org/

April 12 & 13, 2010: SYNERGY: Together We Act
International Pacific Rim Conference on Disabilities
Hawai’i Convention Center, 1801 Kalakaua Avenue Honolulu, Hawaii 96815

The International Pacific Rim Conference (Pac Rim) on Disabilities has been widely recognized over the past 25 years as one of the most “diverse gatherings” in the world. The event encourages and respects voices from “diverse” perspective across numerous areas, including: voices from persons representing all disability areas; experiences of family members and supporters across all disability areas; responsiveness to diverse cultural and language differences; evidence of researchers and academics studying disability; stories of persons providing powerful lessons; examples of program providers, natural supports and allies of persons with disabilities and; action plans to meet human and social needs in a globalized world.

For More information, please visit http://www.pacrim.hawaii.edu/

April 27 - 28, 2010
Multiple Perspectives on Access, Inclusion, and Disability: Future History

The Ohio State University Columbus Campus
The New Ohio Union
1739 N. High Street, Columbus, OH 43210.

The Multiple Perspectives conference continues a decade of community exploration of disability as an individual experience and social reality that cuts across typical divisions of education & employment; scholarship & service; business & government; race, gender & ethnicity. This year the conference is celebrating its tenth anniversary while the second decade of the ADA is coming to a close refreshed by amendments. Such milestones are an opportunity to consider where we are, how we got here and where we are going; an opportunity to step back from the immediate demands of access and reflect on how access, inclusion and disability fit with our goals of social justice, diversity and excellence. “Future History” was chosen as this year’s theme to encourage this reflection by celebrating the themes of past conferences listed below.
2001 - The Next Ten years
2002 - Disability in Context
2003 - Access by Design
2004 - Education, Citizenship, & Disability
2005 - Reflecting On Sameness & Difference
2006 - Personal Perspectives & Social Impact: The Stories We Tell”. 
2007 - Rights, Responsibilities, and Social Change
2008 - Looking Back & Thinking Ahead
2009 - Change, Challenge, & Collaboration
2010 - Future History

For more information, please visit: http://ada.osu.edu/conferences/2010Conf/main10.html

June 2-5, 2010
Institute on Disabilities, Temple University
DISABILITY IN THE GEO-POLITICAL IMAGINATION

The Society for Disability Studies 22nd Annual Conference.

Location: Howard Gittis Student Center, Temple University, Philadelphia, Pennsylvania

THEME: The development of global studies has increasingly called for a cross-cultural and comparative approach to questions of marginalization, stigma, diaspora and resettlement, labor and exploitation, climate change, and the world-ranging production of impairment and disability from violence, inhumane treatment, crumbling infrastructure, and environmental degradation. A significant amount of scholarship also examines new resistance cultures and the galvanization of global networks as members of diverse disability communities try to navigate productive collaborations across newly wired cybernetic systems and claim the possibilities offered by globalization. New opportunities and new problems abound around forging transnational communities, increased mobility, health and charity tourism, the implementation of universal rights, increased transparency of states and organizations, better community-based rehabilitation, and more varied work possibilities.

This year’s Society for Disability Studies conference features the theme “Disability in the Geo-Political Imagination” to spur ongoing efforts in interdisciplinary analyses. Such a theme arrives at a timely moment in the wake of the signing of the United Nations Charter on the Rights of People with Disabilities by leaders in 140 nations (including, most recently and somewhat belatedly, the United States). As a result of the emergence and ratification of this convention, disability has become a more visible topic within the public sphere. Nations, perhaps including the United States, that previously undervalued disabled populations now contend with what it means to be truly inclusive. Likewise, disability-advocacy organizations now seek to make further claims upon the state as a guarantor of rights and liberties. This SDS conference theme includes proactive responses and solutions to the critique that disabled populations—particularly those which are disproportionately poor and people of color—are ill represented, under-analyzed, and under-theorized, particularly in the context of global studies. As the local and global may be seen as intertwined and haunting each other, so can questions of disability, race, class, and gender.

For more information, please visit: http://www.disstudies.org/conference/2010

July 25–27, 2010, Renaissance Hotel, Washington, D.C.

National Summit on Disability Policy 2010: ADA 1990–2010 Retrospective and Future Policy Directions

The National Council on Disability is hosting a disability policy summit to help shape disability policy for the next decade. AHEAD is supporting this event and is encouraging its member to submit applications.  AHEAD members represent a tremendous pool of talent touching all ten policy areas to be addressed (Employment, Civil Rights, Education, Healthcare, Transportation, Housing, Telecommunications and Technology, International Affairs, Emergency Management and Statistics and Data).  Please consider offering your experience, perspective and expertise. 

NCD is interested in broad representation and would like to see applications from graduate and undergraduate students so feel free to share this announcement with them.

This summit commemorates the 20th Anniversary of the Americans with Disabilities Act (ADA) with a reception, an ADA retrospective and a series of working meetings.

This National Summit is an invitation-only, working meeting to develop recommendations to guide improvements in disability policy and programs for the next decade. The topics and issues are national in scope and relevant to all people with disabilities. To achieve NCD goals and objectives for the Summit, invited participants must be knowledgeable in various areas of disability policy and represent the diversity of disability in the United States.

Other Opportunities:

Leadership Exchange in Arts and Disability (LEAD)
2010 Conference and Training
San Diego, California
The John F. Kennedy Center for the Performing Arts
2700 F Street, NW Washington, DC 20566
August 25-28
Submit a Proposal
The LEAD network is accepting session and pre-conference workshop proposals for the 2010 LEAD conference.
Selected sessions and workshops will be on topics relevant to the mission and goals of the LEAD network and be of interest to ADA/504 Coordinators, Accessibility Managers, Arts Administrators and other cultural professionals. Sessions will be selected by and at the sole discretion of the LEAD program committee under the supervision of the Kennedy Center. For more information on LEAD, please visit www.kennedy-center.org/lead.

To submit a proposal: Please fill out the proposal form and send it via email to access@kennedy-center.org. Proposals must be submitted to the Kennedy Center Accessibility Program by January 30, 2010. Four to eight proposals will be selected by the program committee, and notification of acceptance will be sent by February 26, 2010.
Contact Us
(202) 416-8727 (voice), (202) 416-8728 (TTY), (202) 416-8802 (fax)

access@kennedy-center.org

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REFRAMING DISABILITY:
Searching for a More Inclusive Approach

In August 2004, I began my journey in this higher education disability services field at a Midwestern private university. When I started my work in this essentially one-person operation, my supervisor told me that our office was about 10 years behind the times with regard to best practices. Diligently, I worked away to improve the campus environment for students with disabilities and for the staff and faculty who encountered issues of student accessibility. Faculty relationships with the office gradually improved to the point of becoming, from my perspective, one of the office’s premier assets. Rapid growth in the use of testing accommodations, which I initially coordinated, led to the eventually development of one of the nicest testing centers in the city, with a full-time coordinator to manage the exams. The archaic process of having people read books onto tape to create accessible media ultimately came to an end with a more modernized approach in the creation of alternative media files. It was tremendous to be part of such growth and development in a relatively short period of time.

While the growth of the office was wonderful, something always nagged at me about what I was doing. I could not place my finger on exactly what this “something” was, but I did recognized that I had never understood the field’s bizarre documentation practices. Why do we feel the need for outsiders to tell us about the reasonable accommodations that a student needs based on functional limitations? When we get this documentation, why do rejoice when it says that the student needs time-and-half testing and, cringe when it says that the student needs to have unclear test questions elaborated upon or rephrased yet still feel the need to have it on hand to make our own decisions? Why did we, as a field, agree to work with students who lost their documentation in the devastating aftermath of Hurricane Katrina by generating questions that we, as resource coordinators, could use to make professional judgments but never considered this approach with the larger disabled student population?

Looking at the bigger picture, society unfortunately does not perceive disability in a positive light. We have probably all encountered less than desirable actions, attitudes, and comments from people on campus as we try to work with students and pave the way for accessibility. But I began to wonder if what I was doing in my office contributed to those very things we do not like to see from others. What does the letter of accommodation, whether emailed to instructors or given to students who are then required to acknowledge that they are indeed certifiably different, say about the student and the concept of disability? Was I focusing too much on the student and in too much of a reactive way? Should I really be waiting for student to come to my institution first and only then try to patch up their experiences with a nice little package of accommodations? I began to feel frustration inside more and more as I would encounter situations where I found myself saying that “if only the class or the campus program were different, the disability would not be an issue.”
I never took the time to really seek answers to these questions whether in my own readings or at conference sessions. But in April 2009, I applied for what I initially saw as this little Department of Education grant called “Project ShIFT.” I did not know much about it other than it sounded as though it had a neat, progressive sounding name. I knew that I wanted to take some sort of shift in my work and in how I did things. Perhaps I could find some answers via this project. Fortunately, I was invited to be part of this grant and my lens on this field is forever changed. Even better, those of us who are part of this grant are only one-third of the way through the three-year experience.

What I have learned to date from my ShIFT journey is that we, as a field, may be operating largely from a social welfare model in which we limit ourselves by focusing on granting eligibility to those we deem qualified for services based on coveted documentation; we retrofit activities to address the “needs” of students who must ask to be included via the accommodations or adjustments. that separate and stigmatize, We perceive students as “clients” who need to be treated by the “professional” who knows best. As I absorbed all of this material, I thought to myself: that’s me… that‘s what I do.

But I am learning that there is a different way, arguably, a better way. Maybe we, as a field, could operate under a social justice framework that seeks to open doors and include everyone from the outside by focusing on the environment as the object of attention, not the student. By creating inclusive designs, we will not have to retrofit activities as often in order to welcome a student into the experience. Rather, the student will be included from the outset by virtue of an environmental design that is universally inviting to all. I learned that there is power in design and that environments can include or exclude simply in how they are designed and created.

Design is not limited to the physical space of a residence hall building or a classroom. It extends into how class curriculum is created and how programs that we offer to students are developed; and most importantly for our field it shapes how our office policies and procedures combine to include or exclude students. Through the design of our offices and the messages we send, we we set the tone for how disabled students are welcome in the office and impact how disability is perceived on campus. Does the office have strict documentation requirements, but the student has no money to get updated documentation? “Sorry, student, you are excluded.” Does the office require in-person meetings from 8:00am – 5:00pm only to determine eligibility, but the commuter student who seeks accommodations is only on campus from 6:00pm – 8:30pm? “Sorry student, you are excluded from easily accessing the office.”

What I learned in the first stage of this three-year grant really resonates with me and addresses some of my growing areas of discomfort with regard to what I do in this field. After all the positive strides at my private university, disabled students were still being viewed as “special, different, and segregated” more than I wish were the case. True, genuine full inclusion and participation was still missing.  After being exposed to new thinking about disability and a social justice perspective, the pieces have fallen into place for me. I am now seeking ways to redesign the disability resource office to open more doors and create more opportunity for inclusion.

Interestingly, I was interviewing for another disability services office position at a Midwestern public university at the same time all of these light bulbs were going off in my head. I was fortunate enough to be offered this job. Had I left my previous position, prior to the first stage of this grant, I would have felt extremely proud of all that I had accomplished there. Do not get me wrong, I definitely think great things happened at my first stop on this journey. But I think the framework under which it happened, what I consider the current paradigm of the field, left me wanting to do more and to do it differently. It left me very much unfulfilled in what I do as a professional. This has nothing to do with the university where I worked previously, which I believe would have received this philosophy quite well given its mission. Instead, it had everything to do with the limitations of my mind.
Filled with a new energy, I am fortunate that where I work now has, in my early assessment, the ingredients to slowly but openly welcome my new way of thinking. I look forward to the challenge of incorporating this new approach, an approach that echoes what I have been thinking for some time but that I only gained the confidence and competence to act upon thanks to Project ShIFT. The shift will not be easy and will be filled with many obstacles, but I am hopeful that a more inclusive campus approach will be designed under this framework.

Adam Meyer, Ph.D., CRC
Director, Students with Disabilities Office
Eastern Michigan University

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HIGHLIGHTS OF DOJ PROPOSED ADA RULES (6/08): IMPACT ON higher education

By Irene Bowen, ADA One, LLC, January 2010

TOPIC	CURRENT (1991) REGULATION	2008 PROPOSAL	COMMENTS
POLICY: Service animals, §§ 35.104, 35.136, 36.104, 36.302(c)	No specific language in current title II regulation; addressed under requirement to make “reasonable modifications” to policies and practices, 28 C.F.R. § 35.130(b)(7). Title III rule has some requirements, § 36.302(c).	“Service animals” would include only common domesticated animals (dogs and cats) that perform specific tasks or do work for an individual with a disability. Would specifically exclude comfort animals but include psychiatric service animals.	Would formalize DOJ’s position, as articulated in technical assistance documents. This section received the largest number of public comments; there will likely be some changes. Remember: state/local laws, EEOC, the Fair Housing Act, and section 504 may require admitting a greater variety of animals in some settings.
POLICY: Event ticketing, §§ 35.138, 36.302 (f)	No specific language.	The regulations would impose more detailed and demanding requirements concerning equity in ticketing for accessible stadium seating. Individuals with disabilities must be able to purchase in same manner and at same time, transfer tickets in same way, as others; identify accessible seating; etc. Proposal allows those who issue tickets to take steps to prevent fraudulent purchase.
POLICY: Types of wheelchairs, Segways™ and similar devices, §§ 35.104, 35.137, 36.104, 36.311	No specific mention of mobility devices or types of wheelchairs.	Would define “wheelchair” and “other power-driven mobility device.” Would require public entities to allow them in pedestrian areas and make reasonable modifications to policies to allow power-driven devices for sake of participation, unless fundamental alteration.	The provisions about power-driven mobility devices were the source of much comment. The final rule may reflect recent litigation in the Disney World Segway™ case.
POLICY: Examinations and courses, § 36.309(b)	Section 36. 309 applies to private entities that offer exams or courses re: applications, licensing, certification, credentialing. Requires exams in accessible locations and manner, with details.	For the first time, DOJ would address documentation of (1) existence of disability and (2) need for modification or auxiliary aid/service. Requires any request for documentation to be “reasonable and limited to the need for the modification or aid requested.”	DOJ says in preamble that it has found that documentation requests are often inappropriate or burdensome. They should be narrowly tailored, with documentation generally accepted without further inquiry if it reflects individualized assessment by qualified professional, is recent, and shows consistent history of diagnosis.
PROGRAM ACCESSIBILITY (title II)	Criteria for determining whether program access is achieved are not included. § 35.150.	Suggested that “a reasonable number, but at least one” facility, when there are several used in a program, would satisfy program access requirements, in the context of play areas and recreation facilities. See discussion in preamble, Subpart D, Program Accessibility.	Clarification can be expected. Many advocacy groups criticized this approach as not workable and not reasonable, and discriminatory because it would place what they saw as discriminatory limits on the program access requirements and result in unequal access and segregation.
NEW CONSTRUCTION AND ALTERATIONS: Standards, §§ 35.151, 36.406	Public entities can follow either Uniform Federal Accessibility Standards (UFAS) or ADA Standards for Accessible Design. Public accommodations must follow ADA Standards.	New requirements would apply to construction beginning six months after effective date of regulations. Public entities could no longer choose UFAS. Standards would be 2004 ADA Accessibility Guidelines (2004 ADAAG). Public entities would be subject to path of travel (20% rule) rule in alterations.	Architects and builders objected to what they saw as a short phase-in period for new standards, in light of the time generally required to design and plan for new construction and alterations.
NEW CONSTRUCTION AND ALTERATIONS: Residence halls, campus apartments, §§ 35.151(f), 36.406(e)	Dorms are subject to section 9 of ADA Standards (transient lodging). No specifics on apartments (usually covered under FHAA). UFAS requires 5% of units to be accessible. § 4.1.4(11).	Standards for transient lodging (hotels) would apply to residence halls and dormitories. Individual apartments and townhouses would be treated as residential facilities, with different requirements.	Impact: Transient lodging standards call for 3% of units to be accessible. Residential standards require 5% but are less strict as to communication accessibility, do not require access to upper floors if required features can be provided on a single level, and don’t require roll-in showers.
ADOPTION OF ADAAG 2004 as ADA Standards: Entrances	Generally, 50% of entrances must be accessible. Standards §§ 4.1.3(8)(a), 4.1.6(1)(h). (Under UFAS §4.1.2(8), at least one.)	Generally, 60% must be accessible. ADAAG § 206.4.1.	In some cases will mean more accessible entrances. But current requirements often result in more than 50% because of egress requirements.
ADOPTION OF ADAAG 2004: Parking	One in eight accessible spaces must be van-accessible. Standards § 4.1.2(b).	One in every six accessible spaces must be van-accessible. ADAAG § 208.2.4.	More accessible van spaces. Otherwise parking scoping is unchanged.
ADOPTION OF ADAAG 2004: Recreation areas	Generally not addressed.	Would require accessible means of entry for swimming pools. Standards would apply to golf courses, boating and fishing facilities, play areas, and clear floor space at exercise machines and equipment. ADAAG §§ 235-243, Chapter 10.	DOJ asks numerous questions about alterations to these areas and program access, and offers some exceptions for comment. See preamble, questions 6, 7, and 24-31 and discussion prior to each question.
ADOPTION OF ADAAG 2004: Assistive listening devices (ALD’s)	Generally, 4 % of seats must be equipped. Standards §§ 4.1.3(19)(b), 4.33.	Would require smaller percentage in larger assembly areas. But some ALD’s would have to be hearing-aid compatible. ADAAG §§ 216.10, 219.
ADOPTION OF ADAAG 2004 and additional DOJ requirements: Seating in stadiums, theaters, and other assembly areas, §§ 35.151(g), 36.406 (f)	Standards address wheelchair seating areas, companion seats, armrests, etc. Standards §§ 4.1.3(19), 4.33.	Requires fewer wheelchair seating areas for some large assembly areas (if more than 5000 seats, requires .5% rather than 1% of additional seats). But includes more specifications as to specialty seating areas, dispersal, and viewing angles. ADAAG § 221.
COMMUNICATION: Video interpreting services (VIS), §§35.104, 35.160(d), 36.104, 36.303(f)	No mention of video interpreting services	Would define VIS and establish standards concerning quality of video and audio, clarity of picture, etc.

References are to section numbers of the proposed rules, to be codified at part 28 of the Code of Federal Regulations.

ADA Accessibility Guidelines, adopted by Access Board in 2004. DOJ proposes to adopt ADAAG as the ADA Standards but in the notice of proposed rulemaking asked specific questions about some provisions.

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Ahead of the ADA Access Curve: Part 3
DOJ’s proposed ADA regulations: When in 2010? What do you need to know?

In June 2008 the Department of Justice (DOJ) proposed major regulatory changes – the first since 1991 -- under the Americans with Disabilities Act (ADA). They would affect colleges and universities of all types, under title II (state and local governments) and title III (public accommodations), as well as testing entities. The rules would usher in new requirements covering areas from service animals to testing and documentation, from Segways and similar devices to event ticketing policies, and effective communication and program access. As proposed, the rules would require compliance with detailed accessibility standards that in many ways are more demanding than the current standards. But in some instances the new standards would reduce current accessibility requirements.

As we enter 2010, the rules (regulations) are still pending, with no official word from the Department of Justice. When should we expect them? And what do you need to know now?

The final DOJ regulations probably won’t be published before summer of 2010, if then

The Department of Justice has not signaled what the final regulations may require, or when they will appear. Tom Perez was not confirmed by the Senate as head of the Civil Rights Division (which writes and enforces the rules) until October 2009. He has said that he is reviewing recommendations from Division staff, and he must make some important decisions about the rules. Then the Division will forward its recommendations, along with the language of the draft final rules and the preambles (introduction and analysis), for review at other levels within DOJ. Then the federal Office of Management and Budget (OMB), which reports to the White House, must clear the rules before publication. The OMB process alone can take up to three months or more.

The twentieth anniversary of the ADA is this year, on July 26. Although some people anticipate that the Administration may aim to issue the regulations around that date, there has been no indication of an intention to do so. In fact, it is impossible to predict a publication date, in light of the magnitude of the regulations’ potential impact as well as the process just discussed. But it is probably realistic to expect the rules by the end of 2010.

These are NOT the ADAAA regulations or section 504 regulations

This article focuses on DOJ’s regulations only. The Equal Employment Opportunity Commission (EEOC) is proceeding on a separate track to amend its employment regulations to conform them to the ADA Amendments Act (ADAAA). The Act took effect on January 1, 2009, and brings the first significant changes to the ADA since its enactment in 1990. The changes are intended to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. The EEOC published a proposed regulation on September 23, 2009. During the public comment period (which ended November 23, 2009), the EEOC and DOJ held four full-day town hall listening sessions across the country. The final EEOC rule is expected at some time in 2010.

Become familiar with the proposed rules

One thing is clear: the final regulations will have significant impacts on higher education.

The chart accompanying this article highlights some of the issues of interest to higher education, by category: policies, program accessibility, new construction and alterations, communication, and testing. It will give you a basic overview of the proposals, but nothing substitutes for reading the language of the proposed and final rules on your own.

You can find the proposals at http://www.ada.gov/NPRM2008/ADAnprm08.htm. There are hundreds of pages, including the text of the proposed rule, the preambles (which explain the proposals and the most important issues and, in this case, ask specific questions for comment), the cost analysis, and appendices. You can start by reading just the regulatory text, which is only about six pages for each of the rules, at http://www.ada.gov/NPRM2008/titleii.htm#toc_61 (title II) and http://www.ada.gov/NPRM2008/titleiii.htm#toc_57 (title III). Then read the preamble (at the first link above), as you have time. If you do this now, and become familiar with the issues, you’ll more quickly understand the final rules when they’re published.

Alert others on campus, and plan for changes

Be alert to – and alert others to – the pending changes, and the need to budget time and financial resources to comply with them.

The proposed rules would not specifically require that you do a new transition plan (setting out changes required to buildings and facilities in order to provide program access) or barrier-removal plan (if you’re a private entity), or self-evaluation of policies and practices. But these would be useful tools, as it would be difficult to comply with any new requirements — including changes to what you can do on the policy front, as well as new accessibility standards — unless you see how you measure up to them, once they’re issued. And if you did your ADA plans when they were first required – in 1992 — without a reassessment since then, they’re in need of updating. Think about some of the changes we’ve seen in the last two decades:

• The population you serve -- students, employees and faculty, and visitors -- includes more people with disabilities. They have a greater variety and severity of disabilities and service/support animals, along with more technological devices and mobility devices that didn’t exist in prior decades. Examples of those that were not in existence – or were not widely used – when the rules were issued in 1991 include Segways™ and similar devices, scooters, “nonstandard” or specialized types and sizes of wheelchairs, service animals other than “seeing eye dogs,” companion animals, and support animals.
• You probably offer more types of programs and/or services and in different ways.
• You’ve probably altered some of your buildings or facilities, built new ones, or changed the use of many buildings.

Watch for further rulemaking from DOJ

The Department has a number of decisions to make about further rulemaking under the ADA and section 504.

Although the major impact of the ADA Amendments Act is in the employment arena, and EEOC will detail the requirements, DOJ must also amend its regulatory definitions under title II and title III, as well as section 504, to be consistent with the ADAAA. Look for those proposed regulations after DOJ acts on the title II and title III rules proposed in 2008.

There are also several areas that the Department did not address in the 2008 proposal and that are ripe for rulemaking: emergency preparedness, access to web sites, and access to equipment. Watch for DOJ to tackle these after it wraps up the current rulemaking.

Then we can anticipate conforming regulations from the Department of Education and others under section 504.

Help position your institution for compliance

No one knows exactly how the pending DOJ regulations will affect your facilities and policies, but you can get ahead of the learning curve. Start now to evaluate where you are, to plan, and to budget (or to encourage others to plan and to budget). Then you’ll be better prepared to understand the final rules when they do arrive, and positioned for compliance.

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SignOn and ACS Partnership: Sign Language and Text-based Communications Services with a Single Contract

SignOn: A Sign Language Interpreting Resource, Inc., (SignOn), a Seattle-based corporation, and Alternative Communication Services, LLC, (ACS), of Illinois announce a collaborative partnership in order to better serve individuals who are Deaf, Hard of Hearing, Deaf-Blind and Late-Deafened. Both agencies hold a customer-first philosophy while at the same time highly valuing the service practitioner.

This new collaboration, to commence February 1, 2010, allows consumers to access both sign language and text-based communication services with a single contact.  Individuals who are Deaf, Hard of Hearing, Deaf-Blind or Late-Deafened use a variety of modes to access spoken communication.  Interpretation and CART services are available either onsite or remotely for a wide variety of settings, including business, education, and special events such as workshops and conferences.

When asked about the collaboration, Mike Cano, Managing Partner of ACS said, "Client needs have driven our service offerings since our inception. ACS has had great success in developing advanced on site and remote services, both CART/captioning and Text Interpreting (C-Print and TypeWell).  As client needs have continued to expand, we are recognizing the value of partnering with experts in the field.  SignOn will provide the clients of ACS with the quality and expertise they are accustomed to receiving from us.  We are thrilled and confident that needs will not only  be met, but exceeded."

Karen Graham, SignOn CEO said, “At SignOn we believe that our consumers should be able to access communication in the way that best meets their needs.  Technology continues to expand options for communication access.  This partnership allows us to provide a full range of access services in order to meet the needs of a diverse consumer base.  Our customers will be happy to be able to consult with us and choose what type of access best meet their needs.”

About SignOn:  SignOn is the Northwest's most comprehensive resource for sign language interpreting, specialized interpreting services (tactile, close visual, oral, legal, mental health, medical) and video interpreting.  They provide the highest quality service in order to ensure communication between Deaf, Deaf-Blind, Hard of Hearing and Hearing people.  The company has served the greater Seattle area and the Pacific Northwest since 1997.  Visit http://www.signonasl.com/ for more information or to contact directly, SignOn can be reached at 866-688-7100.

About ACS: Alternative Communication Services (ACS) has operation centers in Chicago, Illinois and Tampa, FL.  Their mission is to provide the highest possible quality voice-to-text services via CART (Communication Access Realtime Translation), Captioning and Text Interpreting (C-Print and TypeWell), and delivering these services to consumers throughout the world, recognizing the unique strengths of each individual in the process. For more information on ACS, go to http://www.acscaptions.com. ACS staff can be reached directly by calling 800-335-0911. 

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U.S. Department of State Exchange Alumni with Disabilities Featured in a Special Issue of A World Awaits You Journal

The National Clearinghouse on Disability and Exchange (NCDE) and the Bureau of Educational and Cultural Affairs (ECA) of the United States Department of State are pleased to announce the release of a special issue of A World Awaits You (AWAY).

his new edition features the successful experiences of some of the many individuals with disabilities who have participated in U.S. Department of State sponsored academic, professional and cultural exchange programs around the world. Each article reveals the benefits of exchange programs through the unique perspectives gained first-hand by participants. Stories include U.S. Department of State sponsored exchange experiences in Bahrain, Costa Rica, Germany, Russia, Singapore, Tunisia, the United States and six other countries.

AWAY addresses frequently asked questions that arise for high school, college and university students and faculty, musicians, athletes, coaches and other professionals with disabilities when venturing on international exchanges. Readers will gain advice and insight into how to creatively manage access issues abroad and how to locate resources for a successful exchange experience. Readers will learn about scholarships offered through the U.S. Department of State – from the Fulbright programs to the Humphrey fellowships to youth exchanges to the International Visitor Leadership Program – and more – as well as resource books and websites on many topics of international exchange and disability.

“The United States has an enormous wealth of information and progress to share. The contacts and linkages I made will result in invaluable dialogue and networking across the Atlantic.”

Rustim Ariefdien, an international visitor from South Africa who has cerebral palsy

“The communication across cultures, languages, generations and different physical disabilities will always remain with me as an example of an important cultural dialogue.”

Kenny Fries, a Fulbright Scholar to Japan who has a physical disability

To read stories from this and previous issues of AWAY, visit: http://www.miusa.org/ncde/away.

The National Clearinghouse on Disability and Exchange is sponsored by the Bureau of Educational and Cultural Affairs of the U.S. Department of State
and administered by Mobility International USA.

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Spanning International Differences: AHEAD, The University of Montana, and Japanese leaders find common language in Student Transition Program

By Mika Watanabe-Taylor and Yayoi Kitamura

Transition from high school to college or employment is a challenging and critical moment for young people across the world. Students with disabilities in Japan especially understand these challenges. Programs to assist with this transition are not common. However, some leading Japanese researchers and advocates are working around barriers and are making progress that changes lives.

Dr. Yayoi Kitamura, an AHEAD member, received a government grant and conducted a 3-day transition workshop in Tokyo with another AHEAD member, Mika Watanabe-Taylor of Montana, on January 5-7, 2010. The event was modeled, in part, on The University of Montana’s Transition Seminar program.

The workshop was designed to focus on high school students with disabilities. However, undergraduate and graduate students as well as middle school students also participated, in order to share their rich experiences and perspectives. The fifteen participants represented a wide range of age and disabilities. They showed great dedication; coming from across the country. The two-night Tokyo-based event was held at the National Olympics Memorial Youth Center, the home of the 1964 Olympics.

The highly engaging workshop sessions covered accessibility issues, differences between the high school and college setting, employment barriers, rights and responsibilities, self-advocacy, and assistive technologies. Speakers included: Dr. Shinichiro Kumagaya who shared his personal employment experiences; Mr. Hiroshi Kawamura, DAISY Consortium President; and university faculty such as Mr. Osamu Nagase, who has served an active role in the United Nations.

The participants’ feedback was overwhelmingly positive. Their experiences resulted not only from high quality sessions and speakers but also from cohesiveness and mentorship that naturally emerged between the participants. For example, the older participants mentored the younger participants, and the younger participants spoke of the changing world through their eyes. They developed trust, shared personal experiences, and built a supportive network. It was a particularly moving event for parents.

The workshop members created a powerful, shared identity and volunteered to create a reunion event in the next half year. They are truly moving ahead!

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