ADA News and Notes
National teleconference on proposed DOJ ADA rules and standards
January 19, 2010, 1:00 pm to 2:30 pm EST: The New ADA Design Standards- When, Where, and How?
Join me and colleagues (architects and attorneys, current and past Access Board chairs) for updates on the status of the proposed DOJ rule, highlights of major changes, and potential implications. This teleconference is for presidents, vice presidents, contractors, subcontractors, engineers, architects, project managers, contract managers, developers, building owners and managers, design professionals, and attorneys. It is approved for AIA, CC, CLE, ENG credits in most states. Contact Lorman Educational Services at their web site or 866‐352‐9539. Because I am a faculty member, you can receive $50 off the fee. When registering, use priority code 15000 and discount code Z7745121.
Next NAADAC conference, Miami, April 19-22, 2010
The National Association of ADA Coordinators holds it next semi-annual training conference (for five days) in San Diego. You can register here. You can read details about what participants learned at the April 2009 conference here.
The conference offers a unique opportunity to not only hear from leading Administration officials at the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) but also to learn from other leaders in various ADA fields, and to ask questions of all of them in small groups. You get a full day of updates from DOJ and EEOC plus small interactive workshops (with tracks on Access, Services, and Design; higher education; employment; and transportation) and sessions on special issues (for the April conference, emergency preparedness, housing and health care, law enforcement and the courts, and issues facing ADA Coordinators). For this conference, the accessibility track (which includes sessions on accessibility requirements as well as effective communication, policy modifications, and other topics) will include a focus on communication technology and accessible site design. The conference is approved for continuing education units: by AIA/CES, CRC, CCM, and CDMS.
Get the reduced registration rate: I organize and present at the accessibility track and on other issues. If you register for a NAADAC conference, please write “Irene Bowen” in the blank on the registration page that asks who recommended you. There’s a bonus for you: even if you’re not an associate, you can get the reduced registration rate by including this information.
AIA podcast on proposed DOJ regulations
New ADA Requirements: What’s Ahead Now and Later
An 18-minute pod cast recorded by the American Institute of Architects at its national convention in May 2009 with James Terry, Irene Bowen and Barry Ryan provides an informative discussion on the topic of the updates to ADA standards. Irene and Jim highlight the reasons for the new DOJ regulations, the major changes, and the process of adoption. The podcast followed Jim and Irene’s presentation on the topic at a pre-conference session.
Listen Now! • Read more
AHEAD management Institute, New Orleans, LA
February 4-5: Association on Higher Education and Disability (AHEAD) Management Institute, New Orleans, LA . Keeping Up and Keeping It Legal: How to Manage Physical Access Issues on Campus, Stay Current on ADA Requirements, and Learn from What Others did Wrong – and Right. This is one of three two-day sessions geared toward Disability Service, Resource, and ADA Professionals in higher education. Presented by myself and Jack Catlin, AIA, LCM Architects, former chair of the Access Board. On the AHEAD web site or 704-947-7779.
Managing ADA Changes: Updates
Yes, change is coming in 2009. During the summer of 2008, we saw a flurry of activity surrounding the work of Congress and the Department of Justice (DOJ) on the Americans with Disabilities Act (ADA).
Keep up to date with progress here!
DOJ’s ADA rules: Obama Administration Reconsiders
On January 22, 2009, the Department of Justice (DOJ) withdrew its draft final ADA rules from review by the Office of Management and Budget (OMB). This action is consistent with the Obama Administration’s memorandum to agencies issued on January 20 — the new President’s first day in office. But it may also mean significant changes are in store for the rules before they’re issued.
In June 2008 DOJ had published proposals to amend its 1991/1994 regulations under both titles II and III of the Americans with Disabilities Act (ADA). After considering more than 5000 public comments, DOJ sent revised rules in October to OMB for clearance, which is required before final publication.
No one knows what the draft final rules said or how they might have differed from the proposals. But the June versions generated significant controversy over a variety of issues: “safe harbors” for the first time for both private and public entities, the new accessibility standards, what “counts” as a service animal, how program accessibility is determined, and others.
The January 20 memo — from White House Chief of Staff Rahm Emanuel — had directed that all agencies withdraw from OMB any regulations that had not been published in the Federal Register so that they could be reviewed and approved by an agency head appointed or designated by the new President.
DOJ announced this action on January 26, 2009, on its web site, adding that “Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act. Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department’s existing ADA regulations, including the ADA Standards for Accessible Design.” The Department now has several options: review the proposals internally and send a draft final rule to OMB again, with or without major changes; re-open the comment period on the initial proposals; or revise the proposal and publish a new version for public comment.
Check back here for updates.
Consulting services through LCM Architects
I am also a part-time Senior Policy Advisor with LCM Architects. Please feel free to contact me at LCM Architects for any services that we can provide in that capacity.
Stay up to date with developments about regulations and guidelines under titles II and III of the ADA and Architectural Barriers Act
To stay current with developments, check in regularly at:
Articles published in AHEAD’s ALERT (electronic newsletter)
On January 6, 2009, AHEAD’s newsletter published “Get Ready for Disability Rights Changes in 2009 – or Not?” It’s the first in my series of articles “AHEAD of the ADA Access Curve,” intended to assist disability service providers, ADA Coordinators, and others in promoting compliance with the Americans with Disabilities Act, section 504, and the Fair Housing Act. The series approaches physical access and related issues as key to the civil rights of individuals with disabilities. It is intended to provide some helpful tools in a time of shifting requirements and shrinking resources.
The second article, published in May 2009, is “A New Day for the ADA? What to expect from the Department of Justice in regulations and enforcement.” It points to signs that we will see final regulations before the end of the year, and indications of stepped-up enforcement from DOJ.
The ALERT newsletter is available only to members of AHEAD, but my articles are reprinted here for you!
