The Americans with Disabilities Act: Overview and New Provisions Physical Plant July 19, 2012 Kristine Moore, J.D. Assistant Director for Institutional Equity Office for Inclusion & Intercultural Initiatives

Overview & Brief Timeline 1973 - Rehabilitation Act 1973 1976 - MI Persons with Disabilities CRA 1990 - Americans with Disabilities Act 1990’s & 2000’s - Law viewed as weakened by courts 2008 - ADA Amendments Act (pertains to employment) 2010 - Department of Justice regulations passed March 15, 2012 - 2010 ADA Standards for Accessible Design are required

MSU Philosophy on Disabilities and Accessibility Our perspective on disabilities as an institution is that disabilities need not preclude the achievement of goals and dreams… rather, they mandate a greater level of creativity, commitment and compensatory techniques PGR

RCPD Registered Students with Disabilities Students registered with RCPD by year: 74-75: 97 students 79-80: 136 students 84-85: 184 students 89-90: 306 students 94-95: 416 students 99-00: 626 students 04-05: 954 students 09-10: 1147 students

Overview: Legal requirements under the ADA & the Rehabilitation Act Provide reasonable accommodations to students and employees (faculty & staff) who are qualified individuals with disabilities Ensure individuals with disabilities have access to activities and services offered by MSU Do not discriminate against or harass an individual based on his/her disability

Significantly broadened definition of disability ADA Amendments Act Significantly broadened definition of disability Example: Now COVERED under the ADA Amendments Act Individual with diabetes, controlled with insulin Individual with mental illness, controlled with medication

What is new? New Building Standards Service animals Mobility devices Communication Hotel reservations Event seating Web

New Building Standards As of March 15, 2012: 2010 Standards required for new construction 2010 Standards have replaced the ADAAG and UFAS as accessibility standards for new construction, alterations, program accessibility and barrier removal under the ADA

SERVICE ANIMALS Definition Narrowed: dogs only (except miniature horses) Generally, we are required to modify our policies, practices, or procedures to permit the use of a service animal by an individual with a disability See MSU’s Service Animal policies on RCPD’s website Restrictions on what you can and cannot ask Can ask ONLY: Is the dog required because of your disability? What are the tasks the dog is trained to do for you?

SERVICE ANIMALS: Housing vs. Elsewhere on Campus Service animals do not include “comfort animals,” EXCEPT in housing Service animals elsewhere on campus must be dogs (or miniature horses) and be trained to perform a task related to the disability

MOBILITY DEVICES Wheelchairs Shall permit individuals with mobility impairments to use wheelchairs in any areas open to pedestrian use Other power-driven mobility devices Generally, we are required to modify our policies, practices, or procedures to permit the use of a power- driven mobility device by an individual with a disability. What are power-driven mobility devices? Segway's Golf Carts Electronic personal assistants

RESERVATIONS Ensure that individuals with disabilities can: Make reservations for accessible rooms during the same hours & in the same manner as individuals who do not need accessible rooms For example, if there is an on-line reservation system, ensure individuals with disabilities can reserve accessible rooms on the system Describe accessible features in the hotels & guest rooms in enough detail to permit individuals with disabilities to assess independently whether a specific room meets his/her needs The ability to obtain information about accessible guest rooms, to make reservations for accessible guest rooms in the same manner as other guests, and to be assured of an accessible room upon arrival was of critical importance to these commenters.

RESERVATIONS Ensure that accessible rooms are held for use by individuals with disabilities until all other guest rooms of that type have been rented Guarantee that the specific accessible guest room reserved through its reservations service is held for the specific reserving customer (regardless of whether specific rooms are held for others)

EVENT SEATING Three companion seats. Each individual purchasing a wheelchair space is entitled to three additional tickets in the same row that are contiguous. If “not available,” offer three additional tickets in a location as close as possible Ticket transfer. Individual with disability can transfer season tickets to individuals with no disability   Medical verification. Cannot require proof of disability for an individual in a wheelchair, but can for other individuals with disabilities MSU policy. See Athletics’ website for more information

TICKETING Sales during the same hours, under the same conditions During the same stages of ticket sales Through the same methods of distribution In the same types and numbers of outlets

Web Accessibility MSU’s web accessibility policy, effective 2009 All new & redesigned University Web pages published after May 15, 2009, are required to be in compliance with technical guidelines. U.S. Department of Justice, advance notice of proposed rule-making August 2010 See webaccess.msu.edu for details

Next Steps Work Groups to Review Changes in Regs Information Technology – Already in existence Event Venues – Stadium & Breslin underway last 2 years… need to discuss other event facilities including Wharton, Auditorium, etc. Construction Hotels Motorized Vehicles

ADA Coordinator The ADA Coordinator is responsible for coordinating the efforts of a public employer covered under Title II to comply with Title II and investigating any complaints that the entity has violated Title II. The name, office address, and telephone number of the ADA Coordinator must be provided to interested persons and publicized broadly.

Campus Resources: Questions or Assistance ADA Coordinator, Paulette Granberry Russell Office of the General Counsel Office for Inclusion & Intercultural Initiatives 494 Administration Building 444 Administration Building Michigan State University East Lansing, MI 48824 517/353-3530 517/353-3924 Provides legal expertise regarding ADA issues www.inclusion.msu.edu Coordinates ADA compliance Resource Center for Persons with Disabilities (RCPD) Staff serve as experts in the area of ADA for faculty, staff and students 120 Bessey Hall Serves as an appellate body with regard to RCPD decisions 517/353-9642 www.rcpd.msu.edu RCPD specialists assess and analyze disability related needs RCPD specialists assess and analyze reasonable accommodations