[nfbmi-talk] a d a policy

Mon Nov 28 18:08:33 UTC 2011

As I've discussed with Jeff and for the purposes of othrs the short answer 
is: "yes, public schools must comply with all aspects of the ADA, Title II 
including having raised character and Braille signs on every permanent room 
including room numbers.

The arrogence I've seen with too many public schools is that somehow they 
seem to think they are immune...These regulatory citations from the ADA, 
Title II regulations show the arrogence, but also the fact that the ADA 
applies not only to students with disabilities including the blind, but also 
others.

I fought many a case in New Hampshire over these issues as a blind parent 
accessing the public schools.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, November 28, 2011 12:10 PM
Subject: Re: [nfbmi-talk] a d a policy

> Hi Joe,
>
> I think Jeff wants to know if his school needs to make its facility
> accessible to him regarding signs, etc.  This message that you sent is
> complicated and includes extraneous information.  It is good for lawyers,
> but I think plain English would be more helpful, at least for me.
>
> Warmest Regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Monday, November 28, 2011 11:11 AM
> To: NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] a d a policy
>
> (And this section from Title II, ADA regulations appliesJ
>
>
>
>
>
> Some commenters asked for clarification about the responsibilities of 
> public
> school systems under section 504 and the ADA with respect to programs,
> services,
>
> school systems under section 504 and the ADA with respect to programs,
> services,
>
> and activities that are not covered by the Individuals with Disabilities
> Education Act (IDEA), including, for example, programs open to parents or 
> to
> the
>
> public, graduation ceremonies, parent-teacher organization meetings, plays
> and other events open to the public, and adult education classes. Public
> school
>
> systems must comply with the ADA in all of their services, programs, or
> activities, including those that are open to parents or to the public. For
> instance,
>
> public school systems must provide program accessibility to parents and
> guardians with disabilities to these programs, activities, or services, 
> and
> appropriate
>
> auxiliary aids and services whenever necessary to ensure effective
> communication, as long as the provision of the auxiliary aids results
> neither in an
>
> undue burden or in a fundamental alteration of the program.
>
>
>
> {35.103 Relationship to other laws.
>
>
>
> Section 35.103 is derived from sections 501(a) and (b) of the ADA. 
> Paragraph
> (a) of this section provides that, except as otherwise specifically 
> provided
>
> by this part, title II of the ADA is not intended to apply lesser 
> standards
> than are required under title V of the Rehabilitation Act of 1973, as
> amended
>
> (29 U.S.C. 790-94), or the regulations implementing that title. The
> standards of title V of the Rehabilitation Act apply for purposes of the 
> ADA
> to the
>
> extent that the ADA has not explicitly adopted a different standard than
> title V. Because title II of the ADA essentially extends the
> antidiscrimination
>
> prohibition embodied in section 504 to all actions of State and local
> governments, the standards adopted in this part are generally the same as
> those required
>
> under section 504 for federally assisted programs. Title II, however, also
> incorporates those provisions of titles I and III of the ADA that are not
> inconsistent
>
> with the regulations implementing section 504. Judiciary Committee report,
> H.R. Rep. No. 485, 101st Cong., 2d Sess., pt.3, at 51 (1990) [hereinafter
> "Judiciary
>
> report"]; Education and Labor Committee report, H.R. Rep. No. 485, 101st
> Cong., 2d Sess., pt. 2, at 84 (1990) [hereinafter "Education and Labor
> report"].
>
> Therefore, this part also includes appropriate provisions derived from the
> regulations implementing those titles. The inclusion of specific language 
> in
>
> this part, however, should not be interpreted as an indication that a
> requirement is not included under a regulation implementing section 504.
>
> ----- Original Message -----
> From: "Christine Boone" <christine_boone at comcast.net>
> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
> Sent: Saturday, November 26, 2011 8:40 PM
> Subject: Re: [nfbmi-talk] a d a policy
>
>
>>I do not know for certain whether this language appears in the Individuals
>>With Disabilities Education Act, but it does appear in the Americans with
>>Disabilities Act, ADA.  The law establishes that any place to which the
>>public is in vited, must have all public rooms clearly marked in both
>>Braille and Raised print.  This would mean that the public rest rooms in
>>your school Should be clearly designated   in raised print and in Braille
>>too.  I would begin by simply telling the principal that he/she needs to
>>fix the rest room doors so that they are labelled for All  comers,
>>regardless of visual acuity.
>> Christine
>>
>> ]\ Nov 11, 2011, at 6:30 PM, jeff crouch wrote:
>>
>>> Hello
>>> Just a question.
>>>
>>> Is there a policy in the a d a that states that doors have to be
>>> marked with some way for a blind person to know what the door is for.
>>> If so, do schools have to comply with this, and how do i present this
>>> to my school, a set of rest rooms are not marked, a hand fool of class
>>> rooms are not marked, I have walked in to rong classes because of
>>> this. Can any one help? I would be happy.
>>>
>>> happy haladay
>>>
>>>
>>> -- 
>>> jeff crouch
>>>
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>>
>>
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