[NFBOH-Cleveland] From the President's Desk, by Mark Riccobono

Sun Dec 8 16:33:20 UTC 2024

>From the President's Desk

by Mark Riccobono

>From the Associate Editor: The advocacy work of the National Federation of
the Blind is not limited to what happens at Washington Seminar or to passing
resolutions at our national conventions. There is continued need for
follow-up on our legislative initiatives and on our priorities as expressed
in resolutions. Also, our government takes (or fails to take) regulatory or
other actions that demand our immediate response. In addition, government
entities are often required to solicit comments from the public when they
propose new regulations. It is the job of our advocacy and policy team to
monitor developments, and the job of our President to inform government
officials of our concerns as they arise. Here are some recent letters that
President Riccobono sent on behalf of blind Americans. Readers can always
check nfb.org/advocacy for the latest letters and policy statements that we
have issued.

Comments on the Proposed Rule Regarding the Accessibility of Electric
Vehicle Charging Stations

November 1, 2024

Christopher Kuczynski
General Counsel
United States Access Board
1331 F Street, NW, Suite 1000
Washington, DC 20004
RE: Docket No. ATBCB-2024-0001, RIN 3014-AA48

Dear Mr. Kuczynski:

The National Federation of the Blind is the premier membership and advocacy
organization of blind Americans. As such, we have been the vanguard in
advocating for accessible transportation options for the blind. In 2011, I
participated in our Blind Driver Challenge, where I successfully drove a car
that had been modified to communicate information to me nonvisually around
the Daytona International Speedway road course. With the more recent advent
and promulgation of fully autonomous vehicles, we have maintained our
position at the forefront in advocating that these vehicles, and all aspects
associated with them, be completely nonvisually accessible because the blind
of the United States are likely to benefit as much, if not more, than any
other group. 

It is for these reasons that the National Federation of the Blind supports
the Access Board's proposed rule regarding EV charging stations. We are
particularly pleased with the Access Board's proposed approach of requiring
100 percent of EV chargers to have an accessible user interface. We are also
pleased with the EV charger communication elements and features set forth in
section 709, especially the provisions in sections 709.3, 709.4, and 709.5,
which require high-contrast text for display screens, nonvisual status
indicators for charging, and prohibiting the sole use of color coding to
convey information, respectively. The inclusion of these elements in the
proposed rule demonstrates an effort to ensure that blind and low-vision
passengers were considered when these provisions were created. 

However, we encourage the Access Board to take the provisions of section 709
further and specifically require that all elements of the charging station
intended to communicate information to the user be nonvisually accessible.
As previously mentioned, with the proliferation of autonomous electric
vehicles, blind Americans stand to benefit more than perhaps any other group
when it comes to improving independent transportation, but if we face the
barrier of an inaccessible charging station, then we will be once again
relegated to second class status. This cannot, and should not, be an
oversight in an accessibility regulation.

If the Access Board ensures the full nonvisual accessibility of EV charging
stations, then the provisions set forth in this proposed rule will benefit
blind vehicle owners and passengers now, when we exit our EVs and those of
our friends and family to operate those charging stations, and in the future
when blind and low-vision Americans will be able to experience true
transportation freedom as they traverse the nation's highways and side
streets on our own terms, without having to rely on others. As always, we
appreciate the opportunity to provide feedback on the proposed rule, and we
are ready to provide any assistance to the Access Board should further
questions arise. 

Sincerely, 
Mark A. Riccobono, President
National Federation of the Blind

Letter to the US Secretary of Education Regarding the Dismantling of the
Digital Accessibility Unit

October 30, 2024

Dr. Miguel Cardona 
Secretary of Education
United States Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Dear Secretary Cardona:

The National Federation of the Blind, the transformative member and advocacy
organization for blind Americans, expresses strong opposition to the
dismantling of the Digital Accessibility Unit within the Office for Civil
Rights.

More and more, school districts and higher education institutions rely on
online learning management systems, digital learning tools, and digital
educational materials. Blind students in all education settings need these
tools to be accessible and usable, but too often they are not, and these
students are left out and left behind. 

This year, the United States Department of Justice issued a final rule
regarding the requirements under Title II of the Americans with Disabilities
Act (ADA) for digital accessibility, raising awareness of the requirements
and providing an explicit standard of accessibility for covered entities,
including educational institutions. In addition, the Unified Regulatory
Agenda indicates that the Department of Education expects to issue a similar
rule under Section 504 of the Rehabilitation Act. But accessibility is not
self-executing. Enforcing these accessibility obligations requires expertise
in digital learning and digital accessibility. The Digital Accessibility
Unit has provided exactly such needed expertise the last several years. By
all accounts, the Unit has handled a large number of complaints, provided
technical assistance, and improved digital accessibility at many
institutions. Without a dedicated team within the Office for Civil Rights to
focus on this topic, we run the risk of leaving blind students even further
behind.

Digital access-related complaints must be handled effectively and
efficiently by a team of investigators and attorneys with specialized
expertise in digital access. As the Title II rule goes into effect in 2026,
we believe there will be an even greater number of complaints to the
Department of Education focusing on equal access to educational websites and
applications and an even greater need for expert technical assistance needed
by educational institutions. Without expert staff in place, we fear these
complaints will not be handled appropriately or at all. Now is precisely the
wrong time to be moving the focus away from digital accessibility. We
strongly oppose this decision and ask you to reconsider the course of action
to dismantle the Digital Accessibility Unit.

Sincerely,
Mark A. Riccobono, President
National Federation of the Blind

Letter to the National Library Service for the Blind and Print Disabled
Regarding Parental Acknowledgment Policy

October 15, 2024

Dr. Carla Hayden
Librarian of Congress
Library of Congress
101 Independence Avenue, SE
Washington, DC 20540

Dear Dr. Hayden:

It is fitting that I am writing to you on this Blind Americans Equality Day.
The National Federation of the Blind is the transformative membership and
advocacy organization of blind Americans, and we have had a long and
productive relationship with the National Library Service for the Blind and
Print Disabled. However, we have deep concerns regarding the recent policy
changes implemented by the Library of Congress that affect applicants and
existing patrons under the age of eighteen.

In late June 2024, the National Federation of the Blind became aware of an
emerging policy requiring parental acknowledgment for all new and existing
patrons under the age of eighteen. This policy was not communicated to our
membership during the presentation by NLS Director Jason Broughton at our
national convention in Orlando in July 2024. We held a closed-door
leadership meeting with Director Broughton about this issue during our
convention. That meeting included the president of our National Organization
of Parents of Blind Children and me where we expressed strong concerns and
were promised a follow up conversation. That follow-up has never happened.
On October 1, we received phone calls from several network libraries that
informed us of the potential impact on our members.
Our primary concerns are as follows:

Absence of transparency

There was a lack of engagement with blind people in undertaking a very
significant change in policy direction that negatively affects blind
children across the country.

Lack of timely communication and preparation

In August, network libraries were directed to have new applications in place
by October 1 that included the parental acknowledgment requirement. However,
the necessary materials for inclusion were not provided until September 30.
This left network libraries with insufficient time to prepare and implement
the new requirements.

Impact on existing patrons

By January 1, 2025, all existing patrons under the age of eighteen must have
a parental acknowledgment on file or their accounts may be suspended. This
abrupt policy change poses significant challenges, particularly for network
libraries that are unable to comply due to legal challenges related to
privacy laws in at least three states. This conflict with state privacy laws
could result in qualified patrons being barred from accessing library
services.

Service disruption for patrons

Existing patrons may face suspension from the program if network libraries
are unable to connect with parents or legal guardians by January 1, 2025.
This is particularly concerning for students who may have moved to a new
location and have not updated their contact information, or whose guardians
may face language barriers. Additionally, there are concerns about the
equipment-use policy and the accuracy of the acknowledgment regarding access
to all information in the catalog.

Given these significant issues, we urge the NLS to suspend the
implementation of this policy until network libraries and the community have
been given sufficient opportunity to provide public comment. We suggest a
suspension period of 180 days to allow for a thorough review and to ensure
compliance with all state requirements and privacy laws.

We further urge the NLS to carefully consider public comments and to
establish a comprehensive plan for implementation that grants network
libraries sufficient time to comply with all legal requirements. This will
help to ensure that blind and print-disabled patrons, particularly those
under the age of eighteen, continue to receive uninterrupted access to the
vital services provided by the NLS.

Thank you for your attention to this urgent matter. We look forward to your
prompt response and to working collaboratively to address these concerns.

Sincerely,
Mark A. Riccobono, President
National Federation of the Blind

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