Disability 101 Presented by Lanny Taulbee Disabilities Coordinator

Disability 101 Presented by Lanny Taulbee Disabilities Coordinator KY Commission on Community Volunteerism and Service Del Ray Zimmerman Access Ameri. Corps Manager Volunteer Tennessee

Basic Etiquette

Language and Etiquette • Should I say hello? • Why does she use a chair? • Should I offer to help? • What happened to him? • How does he open doors? • Should I shake his hand? Is this politically correct?

Good Words, Bad Words • “DISABILITY” - Yes! • “HANDICAP” - No! • “IMPAIRMENT” - No! • “DISABLED” - No! • USE “PERSON FIRST” LANGUAGE – e. g. , “person with a disability” not “the disabled”

Language Guidelines • Examples of terms to avoid and why: – – – – Afflicted Cripple Handicapped Idiot Imbecile Mongoloid Wheelchair bound • If you’re unsure of the proper term, or language, to use, ask!

Person First Language and Basic Etiquette The Golden Rule: • If you are ever unsure of: acceptable language, acceptable etiquette, or anything else: It is OK to Ask • To be unaware and courteous is understandable, and often invited • To make assumptions is often unacceptable

Basic Disability Etiquette • Offering assistance – Okay to offer – Ask first – Clarify assistance desired – Preferences are different – Accept no • Always direct communication to the person with a disability • Unsure what to do? Ask! • Make a mistake? Apologize, correct, learn and move on • Treat adults as adults • Relax!

• Don’t lean on or touch a person's wheelchair, cane or crutches. These products are part of the space that belongs to the person who uses it. Use a chair, whenever possible, in order to place yourself at the person's eye level to facilitate conversation. • People with limited hand use or who wear a prosthetic limb can usually shake hands. Shaking hands with the left hand is acceptable. • To get the attention of a person with a hearing disability, tap the person on the shoulder or wave your hand. Look directly at the person and speak clearly, naturally and slowly to establish if the person can read lips. Face a good light source and keep your hands away from your mouth when speaking.

• Do not pretend to understand what a person is saying if you do not. Try rephrasing what you wish to communicate, or ask the person to repeat what you do not understand. • When greeting a person with a severe loss of vision, always identify yourself and others who may be with you. When conversing in a group, give a vocal cue by announcing your name and the name of the person to whom you are speaking.

A Service Animal is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability regardless of whether they have been licensed or certified by a state or local government. • Do not touch or pet the Service Animal, without permission. • Do not make noises at the Service Animal, it may distract the animal from doing it’s job. • Do not feed the Service Animal, it may disrupt his/her schedule. • The person may not feel like discussing the assistance the Service Animal provides.

When are Individuals with Disabilities Full Participants in All Program and Service Activities? – When they are they treated as peers. – When expectations for individuals with disabilities are the same as for everyone. – When they assist in the development and review of materials and practices. – When they are asked about their experiences and satisfaction… and their input is carefully assessed.

ACCESS

Accessibility vs. Inclusive What’s the difference?

Accessible vs. Inclusive

Accessible

Inclusive!

Access Considerations • How accessible is your site or program? • Do a wide range of persons with disabilities have an opportunity to take advantage of your program in these five areas? § Architecture/Space § Programs § Communication § Alternative Formats § Technology

Access: Architecture/Space (also known as barrier free) THIS BUILT SETTING (building, parking lot, playground, etc. ) IS READILY AVAILABLE AND USABLE (barrier free) BY A WIDE RANGE OF PEOPLE WITH DISABILITIES (physical, sensory and cognitive) • Ramps for entering the building and elevators for multiple story buildings • Signage indicating location of accessible entrance, parking and bathrooms • Fire alarm with strobe lights • Corridors, conference rooms and common areas open enough for wheelchair access

Access: Architecture/Space Cont. Means getting to, in and around every aspect of a building. Any recipient of federal funds, must comply with Section 504 of the Rehabilitation Act (including service sites). Buildings Built Before 5/30/79 – When “viewed in its entirety” standard applies – Programmatic accessibility is acceptable Building Built After 5/30/79 – Building must comply – Programmatic access is not acceptable All programs that have leased or purchased space after 5/30/79 must be in accessible locations

Universal design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. –Ron Mace

Universal Design Creates environments that are usable by everyone no matter what their abilities or limitations. Examples: Curb cuts: used by people using wheelchairs, but also parents pushing strollers, bicycles, travelers with rolling luggage. Closed-captioned television: initially developed for people who are deaf or hard of hearing, but found in gyms, sports bars, and used by couples, where one is trying to sleep and the other is watching T. V. Curriculum Transformation and Disability. Funded by U. S. Department of Education. Project #P 333 A 990015. Copyright 2000.

Universal design: Specific features that are more usable by everyone • entrances with no steps that make it easier to enter a building • wider doorways that are easier for everyone to enter, enhance interior circulation, and add a more spacious • lever door handles instead of door knobs that are easier to open by everyone • single-lever controls on faucets that are easier to operate and make adjustments of water temperature and volume simple for everyone • light switches and electrical receptacles located at a height that is more reachable by those who may have trouble bending over or reaching up • All materials provided in large print with black ink on white paper • Repeating questions and comments when conversing in a large group

Access: Programs Provide meaningful, equivalent access to all services, programs, activities even when the space is not architecturally accessible. • • • Interview in an accessible building Training in an accessible location Evaluate testing and training for accessibility (develop accessibility checklist for planning) Text only (electronic) versions of program materials Large print copy of program materials Pro-active/organized approach to program planning

Access: Communication Provide accessible communication for persons with hearing speech, vision, cognitive, and learning disabilities § Sign-language interpreter or CART provider for people who are deaf or hard of hearing § Quiet meeting space for member with hearing loss or attentional issues § Different or simplified forms for persons with cognitive or learning disabilities § TTY § Voice Activated Software

Alternative Formats § Do we provide materials in formats accessible to people with visual or cognitive disabilities? § Do we have accessible, user-friendly web sites? § Do we mail materials electronically prior to events? § Do we provide Braille, electronic, large print and illustrated materials? § Do we read overheads and flipcharts when presenting?

Accessible vs. Inclusive Meetings, Interviews, Social Activities: • Individuals with disabilities fully participate in those held in accessible locations, but others, held in inaccessible locations, there is only programmatic access (via phone, Webcast, etc. ) -or • They are always held in fully accessible locations

Accessible vs. Inclusive • “Qualified individuals with disabilities and those from diverse backgrounds are strongly encouraged to apply. We provide reasonable accommodations for qualified individuals and conduct all activities in fully accessible settings. ” • “We are an equal opportunity program or organization. ”

Removing Barriers: Planning meetings that are accessible to all participants Resource link: http: //www. fpg. unc. edu/~ncodh/pdfs/rbmeetingguide. pdf North Carolina Office on Disability and Health in collaboration with The Center for Universal Design

Accommodations

An accommodation… is any change in the service environment or in the way things are customarily done that enables an individual with a disability to enjoy equal service opportunities. The U. S. Equal Employment Opportunity Commission, October 17, 2002

An accommodation… is any change in the service environment or in the way things are customarily done that enables an individual with a disability to enjoy equal service opportunities. The U. S. Equal Employment Opportunity Commission, October 17, 2002.

What is reasonable accommodation? …adapting the service site or position functions for a qualified person with a disability to enable an individual with a disability to enjoy equal opportunities. This does not mean that the program must lower the standards of work for the position or change the job requirements. There are three categories of reasonable accommodations:

• Modifications or adjustments to an application process to permit an individual with a disability to be considered for a position (such as providing application forms in alternative formats like large print or Braille); • Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the position(such as providing sign language interpreters); and • Modifications or adjustments that enable individuals with disabilities to enjoy equal benefits and privileges of service and volunteering (such as removing physical barriers in a cafeteria or lounge).

Excerpt from Section 1630. 9 ~ Reasonable Accommodation "The obligation to make reasonable accommodation is a form of nondiscrimination. . . This obligation does not extend to the provision of adjustments or modifications that are primarily for the personal benefit of the individual with a disability. Thus, if an adjustment or modification is job-related, e. g. , specifically assists the individual in performing the duties of a particular job, it will be considered a type of reasonable accommodation. On the other hand, if an adjustment or modification assists the individual throughout his or her daily activities, on and off the job, it will be considered a personal item that is not required to provided. Accordingly, a program would generally not be required to provide an individual with a disability with a prosthetic limb, wheelchair, or eyeglasses. Nor would a program have to provide as an accommodation any amenity or convenience that is not job-related, such as a private hot plate, hot pot or refrigerator that is not provided to employees without disabilities. ” http: //www. jan. wvu. edu/media/adahandbook/FREG 1. txt

Reasonable Accommodations • A “no-tech” accommodation costs little or no money…just time, support and creativity. – Additional preparation time for an individual, or a color-coded filing system

No Tech • flexible schedules • co-member/volunteer assistance • reduce distractions in the workplace; provide space enclosures or a private area • work from home • mapping of the workspace/office • unscented, non-toxic products • clutter removal in the member’s environment • large jobs divided into smaller tasks and steps • daily TO-DO lists; check off completed items

Reasonable Accommodations • A “low-tech” accommodation is any accommodation that is technologically simple or unsophisticated, and readily available in most offices. – A door handle as opposed to a door knob, to accommodate an individual with limited mobility

Low Tech Solutions • puff paint to make raised markings & to color code rulers, calculators and keys • colored tape to mark step edges, varying levels, sharp corners protruding objects • grit strips and paint to use on inclines, stairs & rails • rubberized grip sheets to wrap around tools and utensils • rubberized paint to coat keys, tools, scissors, knobs, rails • tools, pens, scissors attached to cords for easy retrieval • lids around tables and desks

Reasonable Accommodations • A “high-tech” accommodation is any accommodation that uses advanced or sophisticated devices. – A Braille printer/embosser, to accommodate an individual who is blind and reads documents in Braille

High Tech • compact material handling devices to lift and carry • automatic door opener • emergency evacuation devices • “talking signs” - hand-held receiver decodes a signal and delivers a voice message through speaker or headset

Reasonable Accommodations • • post-it notes • • TTY • • reacher • sensitivity/Inclusion • training for staff • add’l prep time • Recorded reminders • • motion sensor pager tape recorder mirrors small group activities Microsoft Outlook calendar Desk-top calendar • vibrating alarm clock • change work schedule • meeting agendas • written instructions • checklist system • color-coded filing system

Sources for Technology & Accommodations • Vocational Rehabilitation • Medicaid and Private Insurance • Social Security Incentives, e. g. , PASS • State Agencies, e. g. , Developmental Disabilities Councils • Veteran’s Affairs • IEPs and 504 Plans for Students • ADA and 504 for (some) college students • Local Service, Charitable, Religious and Civic Organizations • Private Foundations • Equipment Loan Programs (TECH Act agencies)

Reasonable Accommodations Examples: • Rearranging furniture to improve access • Position restructuring • Part-time or modified service schedules • Acquisition or modifications of equipment or devices • Providing readers, interpreters, or auxiliary aids

Access vs. Accommodation § Services § Equipment § Assistive Technology § Change in policy/procedure To allow access for a person with a disability

Legal Requirements

Section 504 of the Rehabilitation Act of 1973 “No otherwise qualified disabled individual in the United States… shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. ”

Accommodation Process • There is a designated office and responsible central person to address accommodation questions and request • A decision-making process for the case-bycase provision of accommodations is in place and has been communicated throughout the organization, preferably as a written policy • The reasonable accommodation organizational process is reviewed periodically to ensure that it continues to work well • There is an established grievance procedure to address reasonable accommodation issues and disagreements

Rehabilitation Act Applies to: 1. Federally conducted programs 2. Federal contractors and grantees 3. Federally assisted programs

Section 504 of the Rehabilitation Act of 1973 Key Concepts: = “Program or activity” – a department, agency or district of a State or local – government = “Federal Financial Assistance” – Federal grants and loans = “Beneficiary” – Anyone who benefits from the federal financial assistance,

Section 504: Compliance If an entity fails to comply, the Corporation must: • attempt voluntary compliance • take action to suspend, terminate, or refuse to grant or continue to grant federal financial assistance (Note: suspension etc. applies to all federal financial assistance, not just assistance from CNCS)

Americans with Disabilities Act of 1990 The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. • To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.

THE INTENT… of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 • Ensure non-discrimination against people with disability • Ensure equal access and opportunity

Domestic Volunteer Service Act and National & Community Service Act An individual with responsibility for the operation of program/project that receives assistance under this Act/subchapter shall not discriminate against a participant in, or member of the staff of, such program on the basis of… disability, if the participants or member is a qualified individual with a disability.

Undue Financial Hardship or Administrative Burden • Unduly costly, extensive, substantial or disruptive: – results in significant difficulty or expense – Very HIGH STANDARD • Factors to be considered include: – Overall size of the program in numbers of service members, facilities and budget – Type of operation, including composition and structure of service member force – Nature and cost of removal or accommodation

Interview Inquiries and the Law • No disability – related questions verbally or in writing • Questions related only to position requirements • No medical examinations prior to offer of position • Medical examinations allowed after offer of position (only if required of all members)

Interview Questions that are NOT OK • Do you have a disability? • Do you have any physical or mental impairments which might limit you in performing this job? • Have you ever collected workers’ compensation? • What medical conditions do you have? • What information can you tell me about your disability?

CNCS Complaint Process Any service member with a disability, who believes he or she has been discriminated against in violation of Section 504 of the Rehabilitation Act*, may raise his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). *Section 504 states that no individual with a disability can be excluded from, denied benefits of, and subjected to discrimination to any program or activity that receives federal funds because of his/her disability. Contact Information: Corporation of National and Community Service Office of Civil Rights and Inclusiveness Phone: (202) 606 -7503(voice) (202) 565 -2799 (TDD) Email: eo@cns. gov Website: http: //www. nationalservice. gov/home/no_fear_act/index. asp Important Note: 1. Service members must file discrimination claims with the OCRI Office within 45 days of when it occurred, otherwise it may not be accepted in a formal complaint of discrimination. 2. The OCRI office is committed to resolving the complaint promptly. Additionally, the OCRI office encourages but does not require service members to bring their concerns to program or project directors first.