October 2000 General E-Bulletin

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General E-Bulletin

Table of Contents

Training Opportunities

Upcoming Teleconference Programs from the Disability and Business Technical Assistance Centers
ILRU/NCIL Teleconference on Rural Transportation Scheduled

Supreme Court Activity

Volume 6, No. 5 September/ October 2000--ACCESS Currents Released.

October 18, 2000--Final Guidelines for Play Areas Published
The ACCESS Board and AIA Team Up to Provide On-line Course
Board Developing New Training Materials on 508 Standards

ACCESS Board Seeks Additional Comment on Proposed Guidelines

Settlement Agreement From the Department of Justice Addresses Licensing Bans of School Bus Drivers with Diabetes

Training Opportunities

DBTAC Teleconference Trainings

November 14: Status of Rulemaking

David Capozzi, U.S. Access Board
(Prerequisite: Basic understanding of the Americans with Disabilities Act Accessibility Guidelines)

Proposed ADA/ABA guidelines, access to public rights-of-way, passenger vessels, playgrounds, outdoor recreation environments...What's happening at the Access Board? Join representatives from the U.S. Access Board for an update on rulemaking under the Americans with Disabilities Act and other accessibility-related legislation.

November 28: Question to the Supreme Court: Is Title II Unconstitutional?

Special Session: Curt Decker and Sharon Masling, National Association of Protection and Advocacy Systems

The question as to whether or not Congress exceeded its authority by giving state Curt Decker and Sharon Masling, National Association of Protection and Advocacy Systems

The question as to whether or not Congress exceeded its authority by giving state employees the right to sue their employer in federal court under the ADA continues to be debated. This special session of the ADA Distance Learning series will explore the constitutionality issues and questions before the Supreme Court. There will also be discussion of the previous decisions split amongst the federal circuit courts, the political pressure and the future ramifications for enforcement of Title II.

December 12: Best Practices of Organizations Utilizing Disability Management Strategies

So many times in the workplace, accommodating employees with disabilities becomes a reactive process instead of a proactive process. Celebrating the 10th Anniversary of the Americans with Disabilities Act, this session will highlight the best practices of organizations utilizing disability management strategies to successfully employ people with disabilities in the workplace.

Each of these sessions is delivered via telephone conference call. Pre-registration is required Calling instructions will be forwarded to site coordinators one week prior to each session. In addition, each session is real-time captioned in the ADA Forum. Transcripts of previous sessions are posted to this website.

Call the DLRP at 1-800-949-4232 v/tty or 713-520-0232 v/tty for registration information.

ILRU/NCIL Teleconference on Rural Transportation Scheduled

December 5: IL NET PRESENTS !!!!--Rural Transportation: On the Road to Equity

Hear from those on the cutting edge of issues dealing with rural transportation!

To participate contact :
Kristy Langbehn at the National Council on Independent Living
703-525-3406 (V)
703-525-4153 (TTY)
703-525-3409 (FAX)
kristy@ncil.org
http://www.ncil.org

Supreme Court Activity

On October 11 the United States Supreme Court heard arguments in the Garrett case challenging the constitutionality of Title II of the ADA
The Supreme Court has decided to hear the Casey Martin case. At issue is whether it is a reasonable modification under the ADA to allow Casey, a professional golfer with a disability, to ride his golf cart between shots at Professional Golfers' Association Tour events.

Volume 6, No. 5 September/ October 2000--ACCESS Currents Released.

Highlights from the Issue:
October 18, 2000--Final Guidelines for Play Areas Published

The guidelines add a new section (15.6) to the Board's ADA Accessibility Guidelines (ADAAG), which cover access to the built environment in new construction and alterations.
The guidelines addresses only those play areas that are newly built or altered. (Generally, existing facilities, while subject to certain ADA requirements, are not addressed by ADAAG except where altered). The guidelines provide scoping requirements, which indicate what is to be accessible, and technical requirements, which explain how to achieve access. The guidelines cover play areas provided at schools, parks, child care facilities (except those based in the operator's home, which are exempt), and other facilities subject to the ADA.
View them at http://www.access-board.gov/news/playrule.htm

The ACCESS Board and AIA Team Up to Provide On-line Course

A web-based education course on the Board's ADA Accessibility Guidelines (ADAAG) will soon be offered. It will focus on supplements to ADAAG that cover public sector facilities, including courthouses and prisons, and building elements designed for children's use.
It will be available via the AIA web site at www.e-architect.com (CE credits will be available). The ACCESS Board will also make the course materials available on its Web site (www.access-board.gov)
The course is interactive, includes case studies, discussion of key issues, and multiple choice questions. Participants will be able to download a course workbook and copies of the guidelines.

Board Developing New Training Materials on 508 Standards

The Board is responsible for a technical assistance program and training of Federal and State employees on the 508 standards and access to electronic and information technology.

ACCESS Board Seeks Additional Comment on Proposed Guidelines

On October 24 and 25, 2000, the Board held information meetings on several topics related to its update of the ADA accessibility guidelines. The meetings were intended to provide the public an additional opportunity to discuss issues concerning automated teller machines (ATMs), reach ranges, and captioning equipment.

Settlement Agreement From the Department of Justice Addresses Employment and Licensing of School Bus Drivers with Diabetes

United States and North Carolina Division of Motor Vehicles

Under North Carolina law, NCDMV had to certify each school bus driver prior to each driver operating a school bus.
An EEOC complaint was filed by a bus driver with diabetes with the EEOC against the Catawba County School District ("CCSD") under Title I. When he was terminated from his position as a school bus driver with the CCSD.

The complainant, Mr. Callahanis was originally diagnosed as a non-insulin dependent Type II diabetic and began taking oral medication for treatment. Later he was diagnosed by his physician as having elevated to a Type I insulin-dependent status and began using insulin to treat it.

After submitting to an annual physical examination and providing a NCDMV form from his physician indicating that his diabetic status had elevated to Type I insulin-dependent he was immediately prohibited by NCDMV regulations from continuing to operate a school bus.
NCDMV took this action because of a state safety standard (19A NCAC § 3G.0205(2)), that provides that individuals who use insulin to control a diabetic condition are not qualified to operate a school bus.
The EEOC issued a finding of discrimination stating that Title I had been violated.
After conciliation failed, Mr. Callahanís charge was forwarded to the United States Department of Justice with a recommendation that a civil action be filed under Title I.
This recommendation was based, in part, because the NCDMV automatically excludes from consideration for school bus driver positions people with Type-1 diabetes. They fail to:

(1) consider whether any reasonable accommodation(s) are available to allow a particular insulin-dependent diabetic to perform the essential functions of a school bus driver; and
(2) make an individualized assessment to determine if a particular insulin-using diabetic operating a school bus would in fact pose a direct threat to the health and safety of him/herself or others with no reasonable accommodation available to mitigate the risk.

The settlement agreement provided:

that NCDMV should not automatically or categorically exclude individuals on the basis of a medical condition.
Medical concerns should be addressed through the creation of appropriate individualized assessment protocols which consider the opinions of knowledgeable experts and physicians, and should be job-related and consistent with business necessity as required by the ADA.
With respect to diabetes-related concerns, this protocol may include an assessment of and a requirement that the candidate for certification be free, within a determined period of time, from hypoglycemic reactions resulting in a loss of consciousness or seizure, or impaired cognitive function which occurred without warning symptoms.
This diabetes-related protocol also may include an assessment of and a requirement that the candidate for certification be able to and has demonstrated the willingness to monitor and manage his/her diabetes and is not likely to suffer any diminution in or interference with his/her current driving ability due to his/her diabetes.
Based upon the individualized assessment conducted of an individual with diabetes, school bus drivers may be required to do the following as a term or condition of driving a school bus:

(1) carry a source of rapidly absorbable glucose at all times while driving;
(2) self-monitor blood glucose periodically while driving, or while on duty prior to driving, by using a portable monitoring device;
(3) maintain blood glucose logs and to submit those logs as required; and
(4) periodically provide a statement or certification from an endocrinologist reflecting the driver's fitness to operate a school bus

The settlement agreement contained other terms and conditions including such things as requiring NCDMV revise its literature and disseminate it broadly to all local school districts in the state. Mr. Callahan was also awarded $9,000 in settlement of his charge.

Welcome to the General E-mail bulletin distribution list of the Southwest ADA Center. The bulletin is distributed monthly to provide subscribers with an update on the Americans with Disabilities Act events, trainings, resources, agency rulemaking and enforcement activities. We also want to use the bulletin as a vehicle to post information on any ADA-related events your organization or group are planning in your state or community. Please feel free to forward us any information about your event(s). They will be posted the following month. Questions and feedback may also be submitted in the same manner. Project staff are also available at 800-949-4232 from 9:00a.m.–5:00p.m. Central Time to answer your ADA questions. All questions are answered confidentially.

The mission of the Southwest ADA Center is to promote proactive compliance with the ADA in Texas, Arkansas, Louisiana, New Mexico and Oklahoma. Based at ILRU (Independent Living Research Utilization), a program of TIRR in Houston, Texas, the DLRP is funded by NIDRR, an agency of the Department of Education, under grant #H133D60012, to provide information, materials, and technical assistance on the ADA. NIDRR is not an enforcement agency.

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Houston, Texas 77019
713-520-0232 (v/tty)
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