[Home-on-the-range] Washington Seminar Confernce Call

[Rob Tabor]

Greetings Kansas Federationists,

 

We will convene a conference call for those who will be representing the
Kansas affiliate delegation at the 2014 Washington Seminar. The call will
convene on Tuesday, January 21 at 7:00pm CST. To join the call you will need
to do the following:

 

1.       Call toll free (866) 476-8702 or (916) 233-4200 unlimited long
distance;

2.       Dial the participatnt access code 950655# and follow the prompts.

 

We willhave lots of information that I hope to be very useful for new
Washington Seminar attendees and a refresher for you grizzled seminar
veterans. This year's delegation includes president Tom Page, Rob Tabor,
Susan Tabor, Leonard Silke, Meg Silkey, Anna Avramenko, Andrew Craine, and
Renee Morgan. This is an open call, so anyone is free to join.

 

A statement of our legislative agenda and fact sheets for our three
legislative issues for 2014 are posted on our public domain website at
https://nfb.org/washington-seminar

 

For a sneak preview a summary is provided at the end of this announcement.
Happy reading and I'll catch you on the call.

 

Best regards,

Rob Tabor | First vice president and Legislative Liaison, NFB of KS

 

 

Legislative Agenda of Blind Americans:
Priorities for the 113th Congress, SECOND Session
 

 
The National Federation of the Blind (NFB) is the oldest and largest
nationwide organization of blind people. As the voice of the nation's blind,
we represent the collective views of the 1.3 million blind people throughout
the United States. All of our leaders and the vast majority of our members
are blind, but anyone can participate in our movement. 
 
 
The NFB's three legislative initiatives for 2014 are: 
 
.        The Fair Wages for Workers with Disabilities Act (HR 831)
Section 14(c) of the Fair Labor Standards Act allows employers to pay
workers with disabilities less than the minimum wage because of the false
assumption that they are less productive than non-disabled workers. This
antiquated provision breeds low expectations and discourages disabled
Americans from reaching their full potential. HR 831 responsibly phases out
the use of the 14(c) Special Wage Certificates, ending the era of
segregated, subminimum wage work.
.        The Technology, Education and Accessibility in College and Higher
Education Act (TEACH) (HR 3505)
Electronic instructional materials have replaced traditional methods of
learning in postsecondary education, but the overwhelming majority of
e-books, courseware, web content, and other technology are inaccessible to
students with print disabilities. The law mandates equal access in the
classroom, but fails to provide a prescription to schools for how that
applies to technology. The TEACH Act creates accessibility guidelines for
electronic instructional materials that will guide the market, give clarity
to schools, and protect blind students' rights to critical course material.

.        The Air Carrier Technology Accessibility Act (ACTA)
Passenger interaction with technology is a central component of air travel.
The Air Carrier Access Act prohibits discrimination on the basis of
disability by airlines, but it was written before the emergence of web
sites, kiosks, and mobile apps. These tools are all inaccessible to blind
travelers despite readily-available solutions, resulting in segregation and
substandard service. ACTA calls for all technology-based air travel services
to be accessible to blind passengers. 
 
 
The real problem of blindness is not the loss of eyesight; it is the
misunderstanding and lack of information that exist. Given the proper
training and opportunity, blindness can be reduced to a physical nuisance.
Americans have a strong philosophy of equality, but there are profound flaws
in the application of our doctrine as it applies to people with
disabilities. These bills help close the gaps. We urge Congress to protect
our rights in the workplace, classroom, and air travel by supporting these
legislative initiatives. 
 

 
 
 
 
 
The Fair Wages for Workers with Disabilities Act of 2013 (HR 831)
 
 
Current labor laws unjustly prohibit workers with disabilities 
from reaching their full vocational and socioeconomic potential.

 
Written in 1938, Section 14(c) of the Fair Labor Standards Act (FLSA)
discriminates against people with disabilities. The provision allows the
Secretary of Labor to grant Special Wage Certificates to employers,
permitting them to pay workers with disabilities less than the minimum wage.
This is based on the false assumption that disabled workers are less
productive than nondisabled workers, but successful employment models have
emerged in the last seventy-five years to assist people with significant
disabilities in acquiring the job skills needed for competitive work.
Section 14(c) sustains segregated subminimum wage workshops that exploit
disabled workers, paying some only pennies an hour for mundane, repetitive
tasks. 
 
This discriminatory policy is not necessary for the successful operation of
a disability-training program. In reality, the overwhelming majority of
Goodwill Industries Affiliates, and all but one of the National Industries
for the Blind (NIB) affiliates, operates successfully without paying
subminimum wages. Countless entities have successfully transitioned their
subminimum wage business model of low expectations to an innovative model of
competitive integrated training and employment, meeting the growing needs of
mainstream employers with the proven talents of employees with disabilities.
Only outdated workshops argue they will be unable to manage worthwhile
programs without the use of the Special Wage Certificate. 
 
The subminimum wage model fails to provide adequate training or employment
to disabled workers. Data shows that less than five percent of the 400,000
workers with disabilities in segregated subminimum wage workshops will
transition into competitive integrated work. Moreover, research shows that
the subminimum wage model costs more but actually produces less! In fact,
workers must unlearn the useless skills they acquire in order to obtain
meaningful employment. It is poor policy to reward such failed programs with
wage exemptions, preferential federal contracts, and public and charitable
contributions.
 
After 75 years of demonstrated failure, it is time to invest in proven,
effective models for employment. This discriminatory model sustains the same
segregated subminimum wage environments that existed in 1938. Section 14(c)
has proven to be extremely ineffective and offers no incentive for
mainstream employers to hire people with disabilities. The Employment First
Movement promotes new concepts such as "supported" or "customized"
employment that are successful at producing competitive integrated
employment outcomes for individuals with significant disabilities that were
previously thought to be unemployable.
The Fair Wages for Workers with Disabilities Act of 2013: 
 
Discontinues the issuance of new Special Wage Certificates. The Secretary of
Labor will no longer issue Special Wage Certificates to new applicants. 
 
Phases out the use of Special Wage Certificates over a three-year period.
Using the following schedule, entities will be able to transition to the
proven-model of competitive integrated employment: 
.        Private for-profit entities will have one year to transition; 
.        Public or governmental entities will have two years to transition;
and 
.        Nonprofit entities will have three years to transition. (These
entities make up ninety-five percent of the Special Wage Certificate
holders.)
 
Repeals Section 14(c) of the FLSA. Three years after the law is enacted,
this practice of paying disabled workers subminimum wages will be officially
abolished. This will result in the elimination of segregated, subminimum
wage workshops and in the development of integrated environments that
encourage people with disabilities to reach their full vocational and
socioeconomic potential. 
 
 
 

PROTECT EQUALITY IN THE WORKPLACE
 
Cosponsor HR 831: Fair Wages for Workers with Disabilities Act.
 
 
For more information contact:
 
National Federation of the Blind
Anil Lewis, Director of Advocacy and Policy 
Phone: (410) 659-9314, Extension 2374. Email: alewis at nfb.org
Rose Sloan, Government Affairs Specialist
Phone: (410) 659-9314, Extension 2441. Email: rsloan at nfb.org 
 
To co-sponsor contact:

Scot Malvaney, Legislative Director
Congressman Gregg Harper (R-MS)
Phone: (202)-225-5031.      Email: scot.malvaney at mail.house.gov 
 
 
HR831 is supported by over sixty organizations of people with disabilities
and employers of workers with disabilities. For more information visit:
www.nfb.or <http://www.nfb.org/fair-wages>  g/fair-wages
<http://www.nfb.org/fair-wages>  

 
 
 
 
 
 
 

Technology, Education, and Accessibility in College and Higher Education Act
(TEACH Act) H.R. 3505
 
 
Colleges and universities need an education about accessibility.
Students with disabilities need accessibility to get an education.

 
Technology has fundamentally changed the education system. The scope of
instructional materials used to facilitate the teaching and learning process
at institutions of higher education has expanded. Curricular content comes
in the form of digital books, PDFs, webpages, etc.; and most of this content
is delivered through digital databases, learning management systems, and
applications. Traditional print materials are inherently inaccessible to
disabled students, but technology creates opportunities to expand the circle
of participation. These opportunities are missed when the majority of these
materials are inaccessible to students with disabilities. 
 
The use of inaccessible technology by institutions of higher education is a
violation of law. Section 504 of the Rehabilitation Act and Titles II and
III of the Americans with Disabilities Act prohibit discrimination on the
basis of disability, but these laws were written before technology permeated
the classroom. In 2010, the U.S. Departments of Justice and Education issued
guidance to institutions of higher education clarifying that the use of
inaccessible technology is a form of discrimination. In the four years
since, several of the country's leading institutions have faced legal action
for continuing to use inaccessible technology. 
 
Accessibility solutions are widely available, but schools and manufacturers
are resisting. A 2009 Congressionally-authorized study found that, despite
innovations in text-to-speech, refreshable Braille, and other accessibility
features that create promise for equal access, there is still persistent
unmet need. Developers claim there is not enough demand to justify making
accessible products, and schools claim to have limited options and a lack of
knowledge about accessibility to properly guide procurement. Because of this
blame-game, developers are moving too slowly and schools are openly
violating the law.
 
Guidelines are sorely needed to guide the market and lift burdens off of
disabled students. While schools and manufacturers are waiting for the other
to take action, blind students are facing insurmountable barriers to their
education. No student can be expected to succeed in college if he or she is
denied access to course material, and yet the solutions available to remedy
this discrimination are ignored! Universally-accepted accessibility
guidelines will give direction to manufacturers, clarity to schools about
how to meet their legal obligations regarding technology, and long-overdue
equal access for disabled students.
Technology, Education, and Accessibility in College and Higher Education
Act: 
 
Develops accessibility guidelines for instructional materials and related
information technology. The Access Board will consult experts and
stakeholders to develop functional performance criteria for electronic
instructional materials and related information technologies so that those
materials are usable by individuals with disabilities. The guidelines will
serve as a flexible prescription for accessibility for both developers and
institutions of higher education.
 
Provides incentive for institutions of higher education to follow the
guidelines. Institutions of higher education that use technology that
conforms with the guidelines will be deemed in compliance with the
provisions of Section 504 of the Rehabilitation Act and Titles II and III of
the Americans with Disabilities Act that pertain to schools' use of
technology.
Establishes a minimum usability standard for all technology in the
classroom. Institutions of higher education may only use materials that do
not conform to the guidelines if that material allows disabled students to
enjoy the same educational benefits in an equally integrated and equally
effective manner, with substantially equivalent ease of use as nondisabled
students. 
 
 

 
PROTECT EQUALITY IN THE CLASSROOM.
 
Cosponsor the Technology, Education, and Accessibility
 in College and Higher Education Act (TEACH Act) HR 3505.

 

 
 
For more information contact:
Lauren McLarney, Government Affairs Specialist, National Federation of the
Blind
Phone: (410) 659-9314, Extension 2207. Email: lmclarney at nfb.org
 
To cosponsor contact:
 
Kevin James, Legislative Assistant, Congressman Tom Petri (R-WI)
Phone: (202) 225-2476. Email: kevin.james at mail.house.gov 
 
 
 
 
 
 
The TEACH Act is the result of collaboration between the NFB and the
Association of American Publishers, the leading trade association of the
U.S. publishing industry. 

 
 
 
 
 
 
 

Air Carrier Technology Accessibility Act
 
 
To allow blind and low vision individuals equal access 
to technology used in all phases of air travel.

 
 
Despite anti-discrimination laws, airlines continue to deny access to blind
passengers. In 1986 Congress passed the Air Carrier Access Act (ACAA) to
prohibit discrimination on the basis of disability during all phases of air
travel, including purchasing a ticket, checking-in, boarding and deplaning,
receiving in-flight services, and assistance getting around the airport. Air
travel has changed significantly since 1986, and most services now require
interaction with technology; however airlines have failed to honor the ACAA
by ensuring that those services are usable by blind travelers. The Americans
with Disabilities Act (ADA) also prohibits discrimination on the basis of
disability in public transportation, but because of unique security issues
in air travel, airlines were explicitly excluded from the law, compounding
the problems facing blind air travelers. Technology creates opportunity to
expand the circle of participation, so the law needs to be updated to
capture the prospect and ensure equal access.
 
Passenger interaction with technology is a fundamental requirement of air
travel. Passengers have multiple options of accessing flight information
that replace endless phone calls and check-in lines. For booking and
accessing boarding passes, flyers use web sites, mobile apps, or kiosks.
Mobile apps provide real-time updates on departure and arrival information,
and even make it possible to scan a digital boarding pass at security check
points. On board, passengers can make in-flight purchases of movies, drinks,
or Wi-Fi by using consoles on the seatback in front of them. Technology
enhances the flying experience, and who knows what innovative tools might
emerge in the future? Blind passengers pay the same price to fly the
friendly skies as everyone else, and yet cannot use any of these services. 
 
Airlines should stop this discrimination by embracing readily available
solutions. Technical criteria for accessible web content and best practices
for mobile apps were released back in 2008, and accessibility standards for
ATMs and usable kiosks have been on the market for years. Rather than
utilize these options and deploy accessible technology, airlines "meet the
needs" of their disabled passengers by offering internet rates over the
phone to those who self-identify as blind and giving priority access to
blind flyers in line. Technology can meet the unfulfilled promise of equal
access, yet airlines choose to use an ineffective method of "access" that
relegates blind passengers to antiquated methods of service. 
 
 
The Air Carrier Technology Accessibility Act:
 
Provides equal access throughout the air travel process by requiring that
all methods of booking flights, checking-in, obtaining boarding passes and
making in-flight purchases are accessible to blind passengers. All
newly-created or purchased web content, airport kiosks, mobile apps and
other technology-based services operated by air carriers will be usable by
the blind. 
Establishes a complaint mechanism to resolve issues of non-compliance with
the Air Carrier Technology Accessibility Act.
 

 
PROTECT EQUALITY IN AIR TRAVEL 
 
Sponsor the Air Carrier Technology Accessibility Act 

 

 
 
For more information contact:
Jesse Hartle
Government Affairs Specialist
National Federation of the Blind
Phone: (410) 659-9314, Extension 2233. E-mail: jhartle at nfb.org 
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