via AAPD (5.26.11): 
White House Monthly Disability Briefing
U.S. Departments of Transportation, Education and Labor Report Progress in Disability Rights Advocacy
By Jenifer Simpson, Government Affairs, AAPD
On Thursday May 27, 2011 AAPD participated again in the monthly disability outreach call that is hosted by Kareem Dale, Special Assistant to the President for Disability Policy. This briefing focused on recent efforts and some updates by the U.S. Departments of Transportation (DOT), Education (DOE) and Labor (DOL) on steps they are taking to implement and enforce non-discrimination of people with disabilities.
Transportation
The U.S. Secretary of Transportation, Ray LaHood, provided an update of his department’s various efforts to ensure accessible transportation, stating that accessibility is “One of our highest priorities at DOT,” and noted the importance of accessible transportation to employment, shopping and other activities. He also stated that “All people have physical limitations and all can expect disabilities as they get older.”
Travel: He said DOT will be celebrating the 25th Anniversary of the Air Carriers Access Act (ACAA) in the fall with an event. He mentioned the ADA regulations issued in 2010 that ensure that boats and ships don't discriminate, that is, vessel operators cannot charge extra for accessibility related services, cannot require someone to have an attendant and must have knowledgeable people available with information about accessibility and to resolve concerns of people with disabilities. He also said DOT was working with the U.S. Access Board on several rulemakings for construction guidelines for passenger vessels and on accessible public rights of way, such as streets, sidewalks and intersections. He said that they were also working to finalize regulations on new and altered rail stations so people with disabilities can have access.
Airplanes and Airports: LaHood said DOT would issue Notices of Proposed Rulemaking (NPRMs) soon. One will focus on airport and airline accessibility such as check-in areas, kiosks, airline websites, accessibility of in-flight entertainment, toilets on single-aisle planes, and service animals for psychiatric support. Another NPRM will focus on airport services such as service animal relief areas, captioning of waiting area TVs, and lifts used for getting on planes.
Enforcement: LaHood reported on DOT efforts to conduct better ACAA enforcement noting settlements with air carriers last year and civil penalties ranging from$125,000 to over $2 million, the largest ever assessed by DOT for a non safety-related violation.
Education
Russlynn Ali, the Assistant Secretary for Civil Rights at the U.S. Department of Education (DOE) then spoke about the Office of Civil Rights division (OCR) at DOE and made an announcement about accessible technology in education.
Enforcement: She said that OCR has twelve regional offices around the nation that enforce Section 504 of the Rehabilitation Act and Title II of the ADA. She said these offices field complaints from everyone and urged call listeners to contact these regional offices. She said that “Secretary Duncan wants to work proactively with schools, colleges and universities to ensure non-discrimination” and “to help with compliance on front end.” She said they have conducted nineteen compliance reviews over past the past two years, leading to improving education opportunities for many students with disabilities.
Accessible Technology: In follow-up guidance that DOE sent in June 2010 to college and university presidents on accessible E-book readers and other technology, Assistant Secretary Ali has now sent a new guidance letter on technology for students with disabilities. This “Dear Colleague” letter was sent to elementary and secondary schools, institutions of higher education, school boards, school superintendents and others on May 26, 2011. Ali said the new guidance “makes it clear that any emerging technologies, especially E-book readers, needed to be fully accessible” or other accommodations to disability “made in a timely way.” She said that the guidance includes an FAQ and other material and suggestions for teachers and others be as proactive and responsive as possible. Letters and Guidance are below.
Labor Department
Patricia Shiu, the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor then spoke. She said OFCCP “is totally committed to full employment of people with disabilities, to have access to good jobs and to retain those jobs.” She noted that her office is one thirty of federal agencies that enforces civil rights and is “on the front lines for those who seek work and who are at work.” She said that “OFCCP was born in civil rights era.” She said that “those who contract and subcontract with the federal government must not discriminate in employment,” adding that “taxpayer dollars should never be used to discriminate.”
She said that one in four Americans works for a company with a federal contract, which is about 200,000 companies who receive over $700 million dollars annually. She said “enforcement actions should have positive ripple effect,” and her office has “a legal and moral responsibility to the public trust we hold.” She added that “being a federal contractor is a privilege, not a right, and they must abide by the law.”
New Regulations: Shiu said they were in the process of reforming the current OFCCP regulations. Last July 2010 they began the process with an Advance Notice of Proposed Rulemaking (ANPRM) on Section 503 non-discrimination requirements in the Rehabilitation Act of 1973. With receipt of comments from the ANPRM they have drafted a Proposed Rule on affirmative action and non-discrimination obligations of federal contractors and their subcontractors, sent to OMB on May 24, 2011, and which is under interagency review before it will be released for further public comments.
Ms. Shiu spoke about herself briefly, saying she had been a civil rights attorney for over 26 years, representing immigrants, people for whom English is a second language, garment workers, African American factory workers and people with disabilities. She said that “work is not about a paycheck but also about respect and self worth and financial security.” She added that “Workers want to be valued and want to work.” She also reiterated the Administration’s commitment to hire 100,000 people with disabilities over the next five years and that DOL is working on that.
Other Updates
Housing Lawsuit: Following these federal department updates, Kareem Dale provided some updates such as on the recent filing of a suit by US DOJ against the owners, developers, designers and construction company for nine multi-family housing buildings in Louisiana, Mississippi and Tennessee. These complexes comprise over 2,000 apartments and the investigation is looking at accessibility of the apartments and access to the leasing offices among other issues.
Accessible Money: Kareem Dale then mentioned the recent release by the U.S. Bureau of Engraving of a free downloadable app called “Eye Note.” This can be used by blind people on I-phones to read the denomination of money. Dale noted how “Technology when accessible, gives access” and send he uses the app himself.
Presidential Citizen’s Medal: Dale said that the White House was still receiving nominations for the 2011 Presidential Citizens Medal, and that the close date was May 31 and encouraged listeners of the call to visit the website, see who has been nominated or to submit a nomination.
Further information from the briefing:--
DOJ Housing Discrimination Press Release, at http://www.justice.gov/opa/pr/2011/May/11-ag-646.html
Education Department materials:
To read the Dear Colleague Letter to elementary and secondary schools, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-ese.html.
To read the Dear Colleague Letter to institutions of higher education, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-pse.html.
The FAQ is available at http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.html. To read the June 29, 2010 letter, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html .
Federal Contract Compliance: DOL-OFCCP, more information at http://www.dol.gov/ofccp/
Air Travel: DOT-ACAA, more information at http://airconsumer.ost.dot.gov/publications/disabled.htm
Presidential Citizens Medal: To nominate someone, go to the website at http://www.whitehouse.gov/citizensmedal
How do you feel about the steps DOL, DOT, and DOE are taking to implement and enforce non-discrimination of people with disabilities? Please share your thoughts in comments below.
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