1. 2012 National Extension and Research Administrative Officers’ Conference May 22, 2012 “ It’s Not Just Curb Cuts Anymore!” Nancy Corley Norman E. Pruitt Equal Opportunity Specialist Program Compliance Review Leader U.S. Department of Agriculture National Institute of Food and Agriculture

2. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia The Americans With Disabilities Act of 1990 as amended in 2008 The ADA is a Federal anti-discrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities and program services that are available to persons without disabilities.

3. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia ADA Amendments Act of 2008 Defines hearing, seeing, speaking, reading, thinking, concentrating and communicating as major life activities. Specifies auxiliary aids and services for hearing and visual disabilities.

4. Assistive Listening Technology Deaf Hard of hearing Assistive Reading Technology Blind Partially sighted

5. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Program Access Public notices that programs are accessible (LEP and disability accommodation) Marketing that reaches various demographics An understanding of how people with disabilities including “sensory disabilities” regard themselves

6. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Public Notification Accommodation StatementAudio-file TDD/RelayWeb Print E-mail 6

7. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Language may differ Consider both in your planning Legally sufficient statements, though required, may not be enough to attract people to programs Legally Sufficient Statements and Marketing Statements

8. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Plans of Work Frontiers Program Plans for Underserved and Under-represented Populations State and County Plans LEP People with Disabilities/ Section 508 Targeted Groups

9. People with disabilities have been excluded from educational programs, segregated or taught alone.

10. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Federal Rehabilitation Act Section 508 Several lawsuits against public universities acted as catalysts for change last five years Many universities had web pages that were inaccessible to people using text-to-speech readers (poor or no access to course management software, online courses, and library catalogs) 10

11. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Section 508 of the Rehabilitation Act Requires public colleges to show their technology (not just websites) is accessible under State laws Technology is a moving target: assistive technology is always changing

12. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Assistive Technology Act Provides funds to States through the U.S. Department of Education States designate a public agency as a lead agency States establish programs “to assist individuals and their family members, guardians,advocates and authorized representatives to obtain assistive technology” \ States must 12

13. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Inaccessible websites Angel course-management software Assignments and “gradebook” Chat and e-mail Discussion groups Calendar Penn State Lawsuit

14. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Hire accessibility coordinators Conduct an accessibility audit Write clear accessibility policies National Federation of the Blind Demands

15. NFB-Penn State Settlement Who’s Involved NFB Penn State Department of Education Office of Civil Rights What They HAD Array of low-tech student disability services, some electronic Assistance by request What they have NOW A strategy to make all electronic and information technology systems accessible… Proactive assistive technology program with vendors

16. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Course management systems Web sites Classroom technology Library resources Banking services Penn State Accessibility

17. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia “Colleges and universities have specific legal obligations to provide students, faculty, and staff with disabilities the same benefits, programs and services.” Russlyn Ali, Assistant Secretary for Civil Rights, U.S. Department of Education

18. CASE OF THE BOOK LOVERS 508 Goes to the Library

19. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Case Instructions Read article individually (3 minutes) Develop answer(s) with team (10 minutes) Designate scribe to take notes and a spokesperson to share your answer with the group 19

20. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia 2. What legal obligation did the library have as a recipient of federal funds to provide services to the plaintiffs? 3. What about the library’s financial woes? Undue hardship? 1. How are Library patrons like Extension program participants?

21. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia They are the general public They show up based on their interest in the offerings Taxes fund the operation In this case federal funds paid for the e-Readers used in the program. How are library patrons like Extension program participants?

22. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia  On-campus students  Library patrons How Are Extension Program Participants Different from…

23. What legal obligation did the library have as a recipient of federal funds to provide services to the plaintiffs

24. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia To provide services to blind patrons just as they do sighted ones Same for Extension, EXCEPT obligation is constrained to the time frame and content of the Educational Program What legal obligation did the library have as a recipient of federal funds to provide services to the plaintiffs?

25. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia What about the library’s financial woes? Undue hardship?

26. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Had option of choosing technology that would work for blind or partially-sighted people Could have used part of money to accommodate Offer another option such as same titles on audible.com What about the library’s financial woes? Undue hardship?

27. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia Plans of Work Frontiers Program Plans for Underserved and Under-represented Populations State and County Plans LEP People with Disabilities/ Section 508 Targeted Groups

28. NIFA-EOS NERAOC May 21 and 22, 2012, West Virginia This material may be made in available other formats. For more information contact Nancy Corley at ncorley@nifa.usda.gov (202) 720-8070 (202) 720-6382 (TDD) Are you ready?

29. 2012 National Extension and Research Administrative Officers’ Conference May 22, 2012 “ It’s Not Just Curb Cuts Anymore!” Nancy Corley Norman E. Pruitt Equal Opportunity Specialist Program Compliance Review Leader U.S. Department of Agriculture National Institute of Food and Agriculture