What's Inside?

Feature Article
Access Board News
Employment Update
Regional News
Tax Credits
Frequently Asked Questions
Great Web Sites
Publications
Training News

FEATURE ARTICLE

Adaptive Environments Wins Bid to Operate the New England ADA Technical Assistance Center

On October 1, 1996, Adaptive Environments, Inc., a non-profit organization founded in 1978 to address the environmental issues that confront people with disabilities and elderly people, was awarded a grant to operate the New England ADA Technical Assistance Center for the next five years.  The grant is from the National Institute on Disability and Rehabilitation (NIDRR).  The Americans with Disabilities Act (ADA) was enacted on July 26, 1990, and prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, state and local government, and telecommunications.

The Center's mission is to facilitate voluntary compliance and effective implementation of the ADA, promote awareness about the ADA and the rights and abilities of people with disabilities, and encourage partnership among government, business, and disability communities to solve challenges arising from ADA implementation.

Adaptive Environments will build on the ADA technical assistance work begun in the first five years by the University of Southern Maine.  Although the Center has moved from the University of Southern Maine to Adaptive Environments, Inc., Kathleen Egan and Lisa Rouelle, two technical assistance specialists  who have been giving ADA information and technical assistance via the toll-free number, will continue their work with the ADA Center.

Anyone interested in learning about their rights or responsibilities under the ADA can call 1-800-949-4232 (v/tty) to learn about these and any of the following types of services available from the ADA Center:

• information and materials that are accurate and up-to-date
• technical assistance to inquiries by telephone, e-mail or mail
• trainings by Center staff or arranged through state affiliates
• referrals to regional experts for specialized assistance
• assistance by affiliates in each NE state who facilitate ADA coalition development and are knowledgeable about in-state resources, laws, and programs

The NEADATAC will be working in partnership with many New England disability and business groups. The Center is in the process of contracting with one state affiliate in each of the New England states to carry out their ADA activities in collaboration with coalitions of organizations interested in promoting the implementation of the ADA.  A Regional Advisory Board, consisting of twenty three representatives from the six New England states, convened its first meeting on December 2-3, 1996 in Marlborough, MA., to provide oversight and guidance to the Center.  In addition, the Center will provide support to and collaborate with Centers for Independent Living in each New England state to promote the successful implementation of the ADA through the provision of technical assistance and training.

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ACCESS BOARD NEWS

ADAAG Review Report Hits the Streets

After two years of hard work, the 22-member ADAAG Review Advisory Committee has completed its work reviewing and developing recommendations to update the Americans with Disabilities Act Accessibility Guidelines (ADAAG).  This report is a set of recommendations from the advisory committee to the U.S. Access Board and is not part of any rulemaking,  To date, the Access board has printed nearly 8,000 copies of the report and is distributing them widely to the public.

In addition to format changes, the 73-page report contains a number of significant recommendations for a future revision of ADAAG.  Some of the more noteworthy recommendations include changes to the requirements for detectable warnings, employee work areas, side reach ranges, toilet rooms and elevators.

Members of the public are invited to request a free single copy of the report but again are warned that it does not represent any change in ADAAG requirements.  Any future changes to the guidelines will be made through the regular rule-making process, which includes publication of a proposed rule, gathering of public comments, and, following an in-depth review of all comments, publication of a final rule in the Federal Register.

Persons may request the report by calling the Access Board's publication hotline at 1-800-872-2253 (V) or 1-800-993-2822 (TTY) and pressing (1) for publications, then (1) again. Request publication number S-29, the ADAAG Review Advisory Committee Report, and leave a name, address, and telephone number. Please allow several weeks for delivery.  Multiple copies are available for three dollars apiece.  Or, call the NEADATAC at 1-800-949-4232 (V/TTY)  for an order form that you may mail or fax to the Access Board.

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EMPLOYMENT UPDATE

Equal Employment Opportunity Commission

CUMULATIVE ADA CHARGE DATA FOR THE JULY 26, 1992 - SEPTEMBER 30, 1996 REPORTING PERIOD

Total ADA charges received during reporting period:  72,687*
 

(This is not a complete list; therefore, percentages do not add
up to 100%. Percentages are rounded off.)
 

(This list adds up to more than 100% because individuals can
allege multiple violations. Percentages are rounded off.)

* REMEMBER: THE FILING OF A CHARGE DOES NOT INDICATE WHETHER THE CHARGE HAS MERIT.

Data compiled by the Office of Program Operations from EEOC's Charge Data System's National Data Base.

NOTE:  EEOC's computerized Charge Data System is continually updated as data are submitted to EEOC headquarters by the field offices around the country; therefore, statistics may change
slightly over time.  (This report is based on data as of 10/19/96.)

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REGIONAL NEWS

New England ADA & Accessible IT Center Regional Advisory Board Meets for First Time

On December 2-3, 1996, the New England ADA Technical Assistance Center's Regional Advisory Board ("Board") convened its first meeting.  The meeting was held at the NYNEX Training Center in Marlborough, MA and was co-chaired by Mr. Charles J. Sabatier, Jr., the ADA Center's Project Director, and Ms. Marie A. Trottier, University Disability Coordinator at Harvard University, and member of the Adaptive Environments, Inc. Board of Directors.

Functions of the new Board include, but are not limited to, envisioning the outcomes of the ADA Center's capacity building at the end of five years, convening focus groups from various sectors, both those with ADA rights and those with ADA responsibilities, to identity unmet needs, recommend regional technical assistance, information dissemination, training and awareness strategies to address unmet needs, and evaluate the performance of the ADA Center in managing the regional technical assistance effort.

During the meeting, the Board was briefed by staff members of the ADA Center on the Center's perspective of the New England region-wide constituent needs, the goals of the funding agency (NIDRR), and the members of the Board had an opportunity to highlight their particular organization's ADA related FY '96 accomplishments.  The Board also met in small groups to discuss "coalition/capacity strategies" and "strategies to meet constituent needs," and had an open discussion about setting priorities for a number of incentive grants to be funded by the Center in FY 1997.  The Board created standing committees to address issues involving the newsletter, distance learning, public relations, and evaluation of the ADA Center. The Board's next meeting was set for March 26, 1997.

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TAX CREDITS

Employers can get tax credit for certain new hires

Employers can get a tax credit of up to $2,100 if they hire new employees from one of seven targeted low-income groups.  The credit, generally 35 percent of the first $6,000 in wages, applies to employees who start work after September 30, 1996 and before October 1, 1997. The groups targeted are broad, and include vocational rehabilitation referrals.

For more information on the "Work Opportunity Credit Pre-Screening Notice and Certification Request",  employers may call the IRS at 1-800-tax-form (1-800-829-3676) and request Form 8850.

Tax Incentives

To assist businesses with complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses.

The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees.  The tax credit can be used for architectural barrier removal, sign language interpreters, accessible formats such as Braille and audio tape and certain adaptive equipment.

The tax deduction is available to all businesses with a maximum deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier removal and alterations.

To learn more about the tax credit and tax deduction provisions, contact the NEADATAC at 1-800-949-4232 (v/tty).

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FREQUENTLY ASKED QUESTIONS

Specific ADAAG Questions

The following frequently asked questions have been compiled by  the Access Board's technical assistance staff. At the end of each question, the correct section of ADAAG is referenced. These questions will be updated periodically.

Q: When are areas of rescue assistance required? (ADAAG 4.3.11)

A: In new construction, ADAAG requires accessible means of egress in the same number as required for exits by the local life safety regulations. Where direct exit discharge cannot be provided, such as from floors above or below grade, areas of rescue assistance are required, unless a supervised automated sprinkler system is provided. They are not required in altered buildings.

Q: ADAAG ramp requirements specify "level" landings. Does "level" mean zero slope? (ADAAG 4.6.3 and 4.6.6)

A: No. In general, "level" means having a slope no greater than 1:50 (2%) in any direction.

Q: Are all stairs required to be accessible in accordance with section 4.9? (ADAAG 4.9)

A: No. Only stairs which connect levels which are not connected by an accessible route are required to comply with ADAAG 4.9.

Q: Can I use standard pipe for handrails? (ADAAG 4.9.2)

A: Yes. Common IPS pipe sizes designated as 1-1/4 to 1-1/2 are considered to be within the dimensional tolerances for handrail diameter.
 
This material is excerpted from the U.S. Access Board's web-site. The site can be reached at www.access-board.gov.

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GREAT WEB SITES

If you have access to the internet you'll enjoy checking out these sites for ADA information, documents and frequently asked questions.

www.access-board.gov   Access Board
www.usdoj.gov    DOJ
www.icdi.wvuedu/tech/ADA.htm  ADATAC
janweb.icdi.wvu.edu    JAN
 
Of course, you'll want to begin by visiting the NEADATAC home page at Adaptive Environments' web site:  www.adaptiveenvironments.org

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PUBLICATIONS

ADA - TA
The first in a series of technical assistance updates from the Disability Rights Section of the Department of Justice (DOJ), this booklet provides practical information on how to comply with the ADA.  Each ADA - TA will highlight specific topics and have two standard features: Common Questions and Design Details.  Common Questions answers questions that have been brought to the DOJ's attention through complaints, compliance reviews, calls to the information line, or letters from the public. Design Details provides supplemental information and illustrations of specific design requirements. This first issue features Common Questions: Readily Achievable Barrier Removal and Design Details: Van Accessible Parking Spaces. 21 pages, no charge.
 
Title II Action Guide for State and Local Governments and Supplement on
Employment
This is a practical manual and workbook designed to guide state and local government entities through the Title II compliance process. The book and supplement were written and produced by Adaptive Environments Center, Inc., under contract to Barrier Free Environments, Inc., through a grant from the National Institute on Disability and Rehabilitation Research, with content reviewed by the Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC). 201 pages, $20.

The Americans with Disabilities Act: Answers for Foodservice Operators
This booklet was produced by the National Restaurant Association, under a grant from the Department of Justice (DOJ). The guide focuses on existing situations in restaurants, highlighting the readily achievable removal of barriers (with many low-cost solutions), effective communications and non-discrimination in providing services. 43 pages, no charge.
 

EEOC Enforcement Guidance: Workers' Compensation and the ADA 
This enforcement guidance, issued on September 3, 1996, sets forth the Commission's position on the interaction between Title I of the ADA and state workers' compensation laws. In question and answer format, it provides guidance on such issues as whether a person with an occupational injury has a disability as defined by the ADA, disability-related questions and medical examinations relating to occupational injury and workers' compensation claims, hiring of persons with a history of occupational injury, return to work of persons with occupational injury and exclusive remedy provisions in workers' compensation laws. 25 pages, $1.

To order any of the above items, please call the NEADATAC at 1-800-949-4232 (v/tty). Or, e-mail us at adaptive@adaptiveenvironments.org. Be sure to include a phone number and mailing address with e-mail inquiries. Some shipping and handling charges may apply. Materials are available in alternate formats upon request.

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TRAINING NEWS

New England ADA & Accessible IT Center Staff Available for ADA Training

The New England ADA & Accessible IT Center offers a variety of training options on all titles of the Americans with Disabilities Act from employment through transportation. The training modules can be presented in different combinations and for different lengths of time depending on the participants' needs. The program can be as brief as two hours or as long as several days. In addition to being available for training and presentations, the ADA Center will be planning events in cooperation with our state affiliates.

Cost includes staff travel expense plus a modest fee that may be waived depending on the organization requesting training.  Business associations, state agencies, non-profit organizations, employers, architects, school districts, universities and corporations are examples of groups or entities who might request training from the center.

Our first event is a tele-conference on ADA and public school districts in cooperation with the ADA National Access for Public Schools Project.  This two part conference will clarify public school districts' obligations under the ADA, examine the interaction of ADA with Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA), and will touch on other hot and/or confusing issues. The first part of the audio conference will be on Thursday, February 27.

For more information on this specific event or on any training program please contact Kathy Gips, the director of training at 1-800-949-4232 (v/tty) or (617)695-1225, ext.23.

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