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 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 Requirements Cont’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 “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 emergency services directly via text messaging system as an interim solution utilizing simple 3-digit dialing code, 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 § 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 § 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 § 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 § 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 § 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 § 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 § Telephone Emergency Services Telephone emergency services, including 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 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 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?