Rocky Mountain Access December 2013


Welcome to the December 2013 Rocky Mountain Access
Enewsletter GraphicThe Rocky Mountain Access is a free monthly online newsletter with current accessibility information for the Rocky Mountain region that includes Wyoming, Utah, Montana, North Dakota, South Dakota, and Colorado. Subscription also includes timely updates throughout the month.
“Oakland California’s Journey from Emergency Management Defendant to Model City for Inclusionary Practices” to be held on January 8th, 2014.  In 2009, the City of Oakland was the subject of a major lawsuit saying that its emergency management policies, practices and procedures fell short of providing individuals with disabilities an equal opportunity to survive disasters and other emergencies. Learn how Oakland met the challenge by engaging a wide group of stakeholders and integrating progressive functional needs access frameworks into all aspects of its emergency management planning and response programs. The session will cover the tools that Oakland created and how local government agencies can efficiently and effectively transform their emergency preparedness programs. 
National ADA Symposium Logo
  
 June 15-18 – Denver, Colorado
We are thrilled to announce that comedian Josh Blue will be this
year’s featured speaker!  Josh will perform during lunch on Monday, June 15th.
Don’t miss one of the most entertaining ADA Symposium lunch receptions yet!
In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered Beverage Distributors Company (BDC) in Colorado to pay around $200,000 and hire applicant to a position he had been denied because of his impaired eyesight, the agency has announced.  
The Justice Department has announced that it will intervene in a private lawsuit filed against national tax preparaDepartment of Justice Logotion firm H&R Block, saying its website does not allow sufficient access for people with disabilities.
The Justice Department has issued a Letter of Findings to the State of Alabama and the Birmingham City School, St. Clair County School, and Montgomery County School Districts, addressing alleged violations of the Americans with Disabilities Act of 1990 (ADA) with respect to public school students with diabetes.  The Department concludes that the methods by which the State administers its nursing practice standards, public school nursing programs, and related educational policies deny many Alabama students with diabetes an equal right to attend, and fully participate in, their local zoned schools.  The Department also concludes that the three identified school districts violated the ADA by unnecessarily transferring students with diabetes to schools with nurses on site, even if the students’ treating physicians and parents agreed that the students’ diabetes care could be managed by trained non-nurse school personnel.  
The Campaign for Disability Employment (CDE) recently announced the availability of a discussion guide to accompany the “Because” public service announcement (PSA) distributed earlier this year.  The “Because” PSA has a simple but significant message—that youth with disabilities, like all youth, should grow up expecting to work and succeed, and parents, educators and other adults of influence in their lives should reinforce this expectation at every turn.  The new discussion guide—which comes with a DVD containing the PSA—can be used to facilitate a conversation about this important topic among adults or youth in a variety of settings. Free of charge, it is available in both English and Spanish.
The Department of Justice has announced that it has reached a settlement with Newseum Inc., which owns and operates the Newseum, to address alleged violations of the Americans with Disabilities Act (ADA).  The settlement agreement resolves allegations that the Newseum, a museum of news and history in Washington, D.C., was operating exhibits and providing facilities that were not accessible to people with disabilities.      
An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an office associate diagnosed with breast cancer, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.
  
According to the EEOC’s suit, Foodworks asked disability-related questions of a class of applicants before offering them jobs. The questions included “Do you have any health problems?” on applications and asking applicants in interviews whether they had any health/ physical problems; whether they were on any medications; and if so, which medications.
The New York City Taxi & Limousine Commission (TLC) announced a new requirement for 50 percent of New York City yellow cabs to be accessible by the year 2020. The agreement comes as a result of a major class-action lawsuit brought by the United Spinal Association, as well as other disability groups, against the TLC. The city was charged with violating the Americans with Disabilities Act (ADA) for the lack of accessible taxicabs. 
The Justice Department has announced that it has reached a settlement with Camelot Child Development Center of Oklahoma City and Edmond, Okla., under the ADA.  The settlement resolves allegations that Camelot violated the ADA by prohibiting a child with Down syndrome from field trips, and threatening to expel her, because of her developmental delays.  Because the child is not fully toilet-trained, she wears pull-up diapers and requires help with toileting.  
The Federal Communications Commission (FCC) has implemented new complaint procedures as required under the Twenty-First Century Communications and Video Accessibility Act. Under the new procedures, consumers may choose to contact a company directly to resolve an accessibility problem. Consumers can find contact information for company accessibility representatives online, by email, or by  calling (202) 418-2517 or (202) 418-2922 (TTY). Learn more about filing a complaint with the FCC.  For more information, visit FCC Implements New Procedures for Telecommunications Accessibility Complaint.
  
This matter is based on a complaint filed with the United States Department of Justice that alleged that EAA discriminated against an individual with a disability in violation of Title III of the ADA.  Specifically, the complaint alleged that EAA refused to allow the Complainant, an individual with a disability who uses a Segway® as a mobility device, to use the Segway® at EAA AirVenture events.
Southwest Airlines will be among the first carriers in the United States to introduce closed captioning to its wireless video entertainment product when the low-cost giant rolls out CC in early 2014.  
Closed Captioning logo 
The U.S. Department of Education has announced that its Office for Civil Rights has entered into an agreement with Virtual Community School of Ohio to ensure compliance with Section 504 of the Rehabilitation Act and Title II of the ADA for students with disabilities at the school.  This first-of-its-kind resolution promises equal access to educational opportunities for students with disabilities in virtual charter schools.  Virtual Community School of Ohio is an Internet-based, public charter school that serves approximately 1,200 students who reside throughout the state of Ohio.  OCR initiated a compliance review in 2011 to assess whether the school discriminates against students with disabilities by failing to ensure that they receive a free appropriate public education (FAPE).  OCR also examined whether individuals with disabilities are provided an equal opportunity to access the school’s website and on-line learning environment. 
    
The Job Accommodation Network (JAN) has published a Just-in-Time training module on “All About JAN: Resources in Spanish”/ “Todo acerca de JAN para hispanohablantes.” The 18 minute training module and accompanying transcript and handout provide an overview of JAN’s services in Spanish, which include technical assistance via phone, email, chat and social media, as well as publications and other materials.
The CDC has recently released the Voluntary Guidelines for Managing Food Allergies in Schools and Early Care and Education Centers.  The Voluntary Guidelines provide practical information and planning steps for parents, district administrators, school administrators and staff, and ECE program administrators and staff to develop or strengthen plans for food allergy management and prevention. The Voluntary Guidelines for Managing Food Allergies include recommendations for each of the five priority areas that should be addressed in each school’s or ECE program’s Food Allergy Management Prevention Plan:
•         Ensure the daily management of food allergies in individual children.
•         Prepare for food allergy emergencies.
•         Provide professional development on food allergies for staff members.
•         Educate children and family members about food allergies.
•         Create and maintain a healthy and safe educational environment.
It also includes information about the ADA, ADAAA, Section 504 and IDEA.
The U.S. Department of Housing and Urban Development (HUD) has announced that a Las Vegas homeowners association, its management company, and the owner of a rental property will pay $65,000 under a Conciliation Agreement resolving allegations that they violated the Fair Housing Act when they refused to grant a family’s request to park in the driveway of its home an ambulance that the family needed to transport its son, who has a disability, to and from medical appointments.   
ADA Live! is a free monthly radio show broadcast nationally on the Internet. Ask questions and learn about your rights and responsibilities under the Americans with Disabilities Act (ADA). Leaders in the field will share their knowledge, experience and successful strategies that increase the participation of persons with disabilities in communities and businesses.
 
About the Rocky Mountain ADA Center…
The Rocky Mountain ADA Center operates under grant #H133A110018 from the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information about the Americans with Disabilities Act (ADA). 
Rocky Mountain ADA Center / MTC Staff…
Robert H. Gattis – President, MTC
Randy Dipner – MTC Founding Partner
Kent Kelley – Chief Operating Officer
Candice Alder – Director of Technical Assistance
Geoff Ames – Accessibility Implementation Consultant
Rob Gilkerson – Architectural Information Specialist
Ken Heldt – ADA Specialist                                             
Rita Schell – Information Specialist 
Maggie Sims – Editor, Communications Specialist
Jamie Staton – ADA Specialist 
Philip Williams – ADA Specialist 
Chantal Woodyard – Outreach Specialist
The information provided in this publication is intended solely as informal guidance, and is neither a determination of your legal rights or responsibilities, nor binding on any agency with enforcement responsibility. The Rocky Mountain ADA Center is not responsible for other web sites that are referred to in the enewsletter.
Rocky Mountain ADA Center
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Colorado Springs , CO
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Rocky Mountain Access December 2013