[nfbmi-talk] notified of ada obligations when mcb was under fia

[joe harcz Comcast]

MICHIGAN COUNCIL OF THE

BLIND AND VISUALLY IMPAIRED

 

TO:                  James Newsom

Family Independence Agency ADA Coordinator

235 South Grand Ave., Suite 1412

Lansing, MI 48909

newsomj at michigan.gov

(517) 373-8520

 

Ms. Thiamm

hall-thiamm at michigan.gov

 

FROM:           Casey Dutmer, President

                        Michigan Council of the Blind and Visually Impaired

                        2910 Tecumseh River Road

                        Lansing MI 48906

                        (517) 482-0303

                        Casey354 at ameritech.net

 

DATE:                        July 15, 2002

 

RE:                 Request for ADA, Title II Self Evaluation, And Effective Communications Policy

 

On behalf of the Michigan Council of the Blind and Visually Impaired, I am writing to request, in accessible format (cassette or on computer disk in text or Microsoft Word format), The Family Independence Agency and its subdivision’s the following information:

 

ADA, Title II Self Evaluation that was required to be conducted by January 26, 1993 by all state and local governmental entities (28.CFR, 35 (Title II),

II-8.2000 Self-evaluation). It should be noted that implementation of an effective communications policy was required on the date implementing the ADA;

title II regulations which was January 26, 1992.

 

We am most concerned about your agency’s means, methods and procedures for making visually delivered information such as forms, applications, brochures,

program notices, and consumer records available in accessible formats in a timely manner and based upon “primary consideration” to the blind and visually impaired as the regulations require (28.CFR, 35 (Title II), Subpart e, Communications).

 

You might also reference the following for general regulatory requirements:

 

“28 C.F.R., 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of

The public with disabilities are as effective as communications with others.

 

The self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully excluded, segregated, or restricted in any way as the result of communication barriers.”

 

Precisely I would like to know the following:

 

*What documents and other delivery systems such as web sites does the agency use?

 

*What methods are used to make them accessible on an affirmative basis? To wit:

 

Is your web site fully accessible to users of screen reading technology or other adaptive devices?

 

 Are  the documents themselves accessible?

 

*What types of forms and other printed information  are made accessible prior to request in the following formats?

-large  print

-Braille

-computer diskette and/or e-mail attachments

-audio tape

-agency use of qualified readers

 

*Also would you list the means, methods and protocols for remitting the above information that is not affirmatively produced in a timely manner?

 

It should be noted that case law such as Tyler v. City of Manhattan (857 F. Supp. 800 (D. Kan.1994) ( requires that public entities must act affirmatively in these regards 

 

I have also been informed that many of your offices do not have raised character and Braille signage on every permanent room including room numbers as the

Americans with Disabilities Act Access Guidelines require.  If this is the case, what is the timeline to complete this task? 

 

I request that any correspondence or the remission of requested information be remitted in accessible format.

 

I sincerely hope that this request will help ensure that all blind and visually impaired persons in the State of Michigan can access the full range of services,

programs, benefits and activities offered by your agency on equal and effective terms with the non-visually impaired.

If our organization can be of any assistance in helping your agency comply with both the letter and spirit of the law please do not hesitate to ask. I truly wish to help to make the State of Michigan accessible for all residents.

 

 

 

Casey Dutmerc President

Michigan Council of the Blind and Visually Impaired 

 

COPY:            Michigan Council of the Blind and Visually Impaired Executive Committee

 

Patrick Ccannon, Director

Michigan Commission for the Blind 

 

                        Elizabeth Harvey, Director

                        Statewide Independent Living Council

 

                        Melanie Brunson, Director of Governmental Affairs

                        American Council of the Blind