Universal Design for Learning = Access for All
Learn how to apply universal design principles, guidelines, and performance indicators to instruction, information technology, physical spaces, and student services in order to make sure all activities are accessible to everyone, including students with disabilities.
Dr. Sheryl Burgstahler founded and directs the DO-IT (Disabilities, Opportunities, Internetworking, and Technology) Center and the Access Technology Center (ATC). She is an affiliate professor in the College of Education at the University of Washington in Seattle. Her teaching and research focus on the successful transition of students with disabilities to college and careers and on the application of universal design to technology, learning activities, physical spaces, and student services.
Register TODAY: https://neweditions.adobeconnect.com/e1zoc8pdl5r/event/registration.html
Community Banks Should Be Wary of ADA Claims
Lexology
A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed settlement. The demand letter often alleges that the bank’s website falls short of the Department of Justice’s (the DOJ) prescribed accessibility requirements for blind or visually impaired persons and asks the bank to sign a settlement agreement incorporating injunctive relief and, of course, demanding lawyer’s legal fees.
However, the DOJ has yet to issue any website-specific accessibility requirements, which has created some confusion. The courts have not clarified things. Although banks themselves are “public accommodations” under the ADA, the applicability of the ADA to websites remains unsettled. There is currently a circuit split: the Eleventh Circuit held that the plain language defining “place of public accommodation” demonstrates the ADA does not apply to a business’ online presence;1 the Seventh Circuit held that the ADA applies to all websites hosted by entities covered under Title III;2 and the Ninth Circuit held that websites with a physical nexus to a place of public accommodation are covered by the ADA.3 With conflicting findings from the courts, it remains unclear whether the law requires a bank’s website to be accessible to visually impaired customers. Regardless, the DOJ has been enthusiastic in enforcing its broad interpretation of the ADA, under which websites of public accommodations, with or without a physical nexus, must be accessible to the disabled.
Plaintiffs’ firms continue to take advantage of the confusion created by the regulatory vacuum (caused by the DOJ’s failure to issue website accessibility rules) and the unsettled case law, and the DOJ has continued to intervene in Title III cases involving websites. Banks, therefore, need to be wary of any letters received asserting the bank’s failure to comply with website accessibility requirements, but banks need to understand the general expectations for website accessibility. In its interpretations and advocacy related to Title III website accessibility, the DOJ has adopted the voluntary accessibility guidelines promulgated by the World Wide Web Consortium (the WCAG 2.0 Standards).4 In recent settlements, the DOJ has required private businesses to comply with the WCAG 2.0 Standards and any bank running its own compliance checks to use either the WCAG 2.0 Standards or a similar standard.
Fauquier County Agrees To Resolve ADA Review Of Polling Locations
Alexandrianews.org
Fauquier County has agreed to resolve an Americans with Disabilities Act compliance review of its polling locations to ensure that its polling locations comply with the ADA.
“Voting is the cornerstone of our democracy,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Under this agreement, voters with disabilities in Fauquier County can vote at the polling place near their home and alongside their neighbors and friends.”
As part of a nation-wide Department of Justice voting rights initiative, the U.S. Attorney’s Office conducted an ADA compliance review of Fauquier County’s polling locations. The review revealed that many polling places in Fauquier County have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments.
Writing teacher accuses school district of wrongful termination
Southeast Texas Record
Lindale woman is suing the Winona school district, a former employer, alleging disability discrimination, retaliation and wrongful termination.
Jenna R. Gillit filed a lawsuit Feb. 9 in the Marshall Division of the Eastern District of Texas against the Winona Independent School District, alleging violation of the Americans with Disabilities Act and the Rehabilitation Act.
According to the complaint, on Dec. 17, 2015, Gillit was terminated from her employment as an AVID and ELA writing teacher by the district, where she had been employed since August 2014. Prior to her termination, the suit says, Gillit was subjected to discriminatory terms and conditions of employment because of her disability in developing migraines from exposure to fluorescent lighting in the classroom.
The plaintiff alleges the school district failed to provide reasonable accommodations, retaliated against her and terminated her for asserting her ADA rights.
Gillit seeks trial by jury, compensatory and punitive damages. attorney fees, expert fees and court costs, plus all other further relief. She is represented by attorney William S. Hommel Jr. of Hommel Law Firm in Tyler.
Marshall Division of the Eastern District of Texas Case number 2:17-cv-00017
NMPASI program manager talks about accessibility issues in the NMI
Marianas Variety
SOME of the ongoing development projects in the CNMI are not in compliance with the Americans with Disabilities Act, according to Northern Marianas Protection and Advocacy System Inc. program manager Thomas Thornburgh.
But as a non-profit organization, he said, NMPASI cannot file legal action against erring establishments.
“The problem is unless we have a person who can file a civil suit then we don’t have a way to control other agencies to do whatever it is that we want them to do,” said Thornburgh who was the guest speaker at the Rotary Club of Saipan meeting on Tuesday at the Hyatt’s Giovanni’s Restaurant.
In his presentation, Thornburgh said the Department of Public Works will issue an occupancy permit if an applicant meets Occupational Safety and Health Administration requirements, the fire code and the Americans with Disabilities Act or ADA.
Rocky Mountain ADA Center Partners with Non Profit Organization, Make A Hero Film Productions
PR Web
New Relationship, Supported by Robert Redford, Designed to Provide Increased Understanding of the Americans with Disabilities Act’s Value to the Nation.
City of Philadelphia resolves DOJ allegations of discriminating against disabled employee
Legal News Line
The city of Philadelphia agreed Feb. 6 to resolve allegations it discriminated against an employee with a disability, the U.S. Department of Justice said.
According to the complaint, city allegedly terminated a sanitation worker with a disability instead of reassigning him to a vacant position that was qualified for.
Following a heart attack, the worker's doctor forbid him from lifting anything weighing over 20 pounds. The restriction prevented the employee from completing sanitation work.
As a result, he sought to be reassigned to numerous vacant city positions. According to the Justice Department, the city failed to consider him for those positions and instead terminated him, allegedly violating the Americans with Disabilities Act (ADA).
To resolve the complaint, the city offered to reinstate the employee and will pay $90,000 for back pay and compensatory damages.
North Bay Bohemian
A newly elected trustee at the Cotati-Rohnert Park Unified School District is suing the district in federal court this week over what he says is an ongoing violation of the federal Americans with Disabilities Act (ADA).
Timothy Nonn was elected to the five-member district board in November, positioning himself as a reform candidate opposed to a district-wide referendum, Measure C, the $80 million construction bond supported by other board members and superintendent Robert Haley. The bond measure passed in November and will be used for lead and asbestos remediation, and other classroom upgrades. Nonn, who is legally blind, says his issue with the district started after he was elected to the board and attended an orientation meeting and brought his own, unpaid aide to assist him. District Superintendent Haley, he says, denied him the use of this personal aide. Now Nonn says he's "in a big battle with the district's lawyers," who, he says, are denying his right to a reasonable accommodation of his disability under the ADA.
Your Practice Website Must be ADA Compliant
Diagnostic Imaging (blog)
Many practices are unaware that their website has anything to do with the Americans with Disability Act (ADA). Most think only of your facility and job accommodations are required to be under compliance by ADA.
Under Title II of the Act, "places of public accommodations" cannot exclude people who have disabilities from being able to participate in what is offered to everyone else. A website is public. If your practice has one, it is obligated to comply with ADA, no matter the number of employees or size of the practice. In fact, the law views your website as a piece of real estate for purposes of the ADA.
Lawmakers target attorneys who exploit Arizona's disability law
AZCentral.com
Two Arizona legislators are taking aim at "unscrupulous attorneys" they say have exploited state accessibility law to extort businesses — but only one legislator's strategy is palatable to the disabled residents that law is designed to protect.
Sen. John Kavanagh, R-Fountain Hills, and Rep. Maria Syms, R-Paradise Valley, have each introduced legislation in response to a flood of lawsuits filed against Valley businesses last year. The suits alleged violations of the Arizonans with Disabilities Act, the state's equivalent of the federal Americans with Disabilities Act, and racked up thousands in settlement payouts as small-business owners tried to avoid costly legal battles.
Kavanagh's Senate Bill 1198 attempts to address the problem by giving businesses 60 to 90 days to correct compliance issues. It would allow individuals to file discrimination lawsuits only when businesses fail to make adjustments in time.
Syms' House Bill 2504 focuses on the "serial plaintiffs" and attorneys. It would empower the courts to fine those they determine filed lawsuits primarily to line their pockets.
nTIDE January 2017 Jobs Report: Solid Start to New Year for Americans with Disabilities
Momentum carried employment gains into the new year, extending the longest upward trend for Americans with disabilities since the Great Recession, according to the National Trends in Disability Employment (nTIDE) – February Update. The next nTIDE lunch & learn webinar will be held on March 10, 2017 - Register Here.
Standards for Accessible Medical Diagnostic Equipment
The Architectural and Transportation Barriers Compliance Board (Access Board or Board) is issuing accessibility standards for medical diagnostic equipment. The standards for medical diagnostic equipment (MDE Standards) contain minimum technical criteria to ensure that medical diagnostic equipment, including but not limited to, examination tables, examination chairs, weight scales, mammography equipment, and other imaging equipment used by health care providers for diagnostic purposes are accessible to, and usable by, individuals with disabilities.
Native American Parent Technical Assistance Center (NAPTAC)
The NAPTAC offers support and technical assistance on providing culturally responsive services to Native American families of children with disabilities and to youth with disabilities. The NAPTAC offers a variety of resources including webinars, videos, and links to national organizations dedicated to supporting the needs of Native American individuals.
Testing Accommodations for the SAT for Students with Disabilities
The College Board announced that students who receive testing accommodations as part of their IEP or 504 Plan will automatically be approved for accommodations for the SAT, the Preliminary SAT/National Merit Scholarship Qualifying Test, the PSAT 10, SAT Subject Tests, and Advanced Placement Exams.
A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities
The Office of Special Education and Rehabilitative Services (OSERS) is pleased to publish A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities. This guide is being issued by OSERS, the Rehabilitation Services Administration, and the Office of Special Education Programs to advance efforts in ensuring that all students and youth with disabilities are equipped with the skills and knowledge to be engaged in the 21st century workforce.
Annual Report on Disability-Related Air Travel Complaints
The Air Carrier Access Act (ACAA) prohibits discriminatory treatment of persons with disabilities in air transportation. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century requires, among other things, that the Secretary of Transportation “regularly review all complaints received by air carriers alleging discrimination on the basis of disability” and “report annually to Congress on the results of such review.” These annual reports can be accessed through the link above.