1. 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

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

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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?

10. 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

11. 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

12. 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.

13. 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)

14. 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

15. 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

16. 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

17. 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

18. 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.

19. 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
517/
517/
Provides legal expertise regarding ADA issues
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/
RCPD specialists assess and analyze disability related needs
RCPD specialists assess and analyze reasonable accommodations