A Manager’s Guide To ADA Title II

RICHARD RAY

DONNA PLATT

Purpose and Scope

• The Manager’s Guide to the Americans with Disabilities Act: Title II, Direct Access standard is a tool designed to assist managers in brining PSAPs into compliance with the ADA.

Reason to Implement

• One of NENA’s goal is that 9-1-1 services be available

to “ANYONE, ANYWHERE, AT ANY TIME.” To

accomplish this, PSAP Managers must implement these

standards to ensure equitable levels of service during an

emergency to all citizens, including individuals with

disabilities. Also implementing these standards will

assist the agency to be in compliance with federal

regulations.

Desired Outcomes

• Attendees will review, discuss and assist with updating the current

document in accordance with a federal mandate to ensure the document

reflects technological changes.

• Ensure this document is completed and passed up the chain with minimum

delay.

• Ensure the document includes all technologies and get input from

operations and technical participants.

• Based on the Department on Justice (DOJ) interpretation, identify what is

needed to produce a guide that is the manual for Title II and ensures

compliance within the PSAPs.

ADA Requirements

• The ADA requires an agency to conduct periodic self-evaluation of policy and procedures for programs and services to ensure equal access to citizens with disabilities.

ADA RequirementsCont’d

• The Manager’s Guide to the ADA Title II: Direct Access Standard is a valuable tool to facilitate this by providing information on the following elements:◦ Self Evaluation◦ Equipment and Network◦ Operations◦ Communication Officer Training◦ Outreach to People with Disabilities

Benefits

• Use of this Manager’s Guide to ADA: Title II Direct Access Standard will:

◦ Assist agencies in their ADA compliance efforts◦ Improve the service provided to people with disabilities, especially during emergencies

◦ Identify areas for quality improvement in various operational aspects

March 8, 2013

Filed in response to FCC’s PS Docket No. 11-153

“PSAPs must accept a call from a person with a hearing or speech disability that originates as an SMS* call, but reaches the PSAP as a TTY call. However, a title II entity’s obligation under §35.161(a) to communicate using a TTY or equally effective telecommunications system is not contingent on how the call originates […]”

* SMS – Short Message Service

DOJ Filed Comments on SMS

Understanding the Law

It is crucial that individuals who are deaf, deaf-blind, hard of

hearing, or have a speech disability have the option to

contact 9-1-1 emergency services directly via text

messaging system as an interim solution utilizing simple 3-

digit dialing code, 9-1-1. This text messaging system

enables them to receive service via two-way communication

in a manner that is functionally equivalent to the ability of an

individual who does not have a hearing or speech disability.

Understanding the Law

On September 15, 2010, the U.S. Department of Justice (DOJ) published revised regulations updating Title II of the Americans with Disabilities Act (ADA). The passage of the ADA Amendments Act of 2008 (ADAA) went into effect on March 15, 2011.

Understanding the Law

§35.149 Discrimination Prohibited

• Except as otherwise provided in §35.150, no qualified

individual with a disability shall, because a public entity's

facilities are inaccessible to or unusable by individuals with

disabilities, be excluded from participation in, or be denied

the benefits of the services, programs, or activities of a public

entity, or be subjected to discrimination by any public entity.

Understanding the Law

§35.150 Existing Facilities

• General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.

Understanding the Law

§35.160 General

• A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.

Understanding the Law

§35.161 Telecommunications

A) Where a public entity communicates by telephone

with applicants and beneficiaries, text telephones

(TTYs) or equally effective telecommunications systems

shall be used to communicate with individuals who are

deaf or hard of hearing or have speech impairments.

Understanding the Law

§ 35.161 Telecommunications

B) When a public entity uses an automated-attendant system,

including, but not limited to, voice mail and messaging, or an

interactive voice response system, for receiving and directing

incoming telephone calls, that system must provide effective

real-time communication with individuals using auxiliary aids

and services, including TTYs and all forms of FCC-

administered telecommunications relay system, including

Internet-based relay systems.

Understanding the Law

§35.161 Telecommunications

C) A public entity shall respond to telephone calls from a telecommunications relay service established under Title IV of the ADA in the same manner that it responds to other telephone calls.

Understanding the Law

§35.162 Telephone Emergency Services

• Telephone emergency services, including 9-1-1 services, shall provide direct access to individuals who use TDD's and computer modems.

Training

• PSAPs must conduct an annual review of training materials and

keep abreast of changes that may impact the provision of

accessible services. When changes occur, timely updates to

training materials are required.

• Each agency must provide refresher training at least as often as

they require or offer training for voice calls, but at a minimum,

every six months, per the U.S. Department of Justice Technical

Assistance (TA) Access for 9-1-1 and Telephone Emergency

Services.

Refresher Training

Methods for Refresher Training may be accomplished in a

variety of methods, to include but not limited to:◦ Role Call Briefings

◦ Memorandums

◦ Test Call Programs

◦ Refresher Training Courses and Programs

◦ Comprehensive Training Courses

◦ Community Outreach with Individuals who are Deaf, Deaf-Blind,

Hard-of-Hearing and individuals with speech disabilities.

Training in the Next Generation Environment

• Know Legal Updates

• New Technologies

• Disability Awareness

• TTY, Text, Video Relay Call, Internet Protocol Relay Service, Captioned Telephone Relay Service, and Speech-to-Speech Relay Service

• Critical Incident Training for Dispatchers (Prepare for Multimedia receipt of data)

• Spoofing/Swatting/Accessibility to 9-1-1 System

Primary Questions• Is this Manager’s Guide all inclusive of the technologies that we currently use

in PSAPs and does it embrace change for the future?

• Are PSAPs responding to federal regulations in a timely fashion and making

the necessary upgrades with training and technology?

• Are the PSAPs working in tandem with covered groups (deaf, deaf-blind,

hard-of-hearing, speech disabilities, etc.) to ensure that their policies,

procedures, equipment, training and upgrades meet the immediate need of the

community?

• How can we best incorporate changes to documents without delay and red

tape to make sure that PSAPs are given guidelines on a consistent basis and

provide feedback when necessary?