[rehab] Fwd: [FedAccessibility] FW: The Rehabilitation Act and Creation of the Access Board
David Andrews
dandrews at visi.com
Fri Sep 27 00:18:40 UTC 2013
>
>
>
>--- Forwarded Message ---
>
>From: United States Access Board
>[mailto:access-board at service.govdelivery.com]
>Sent: Thursday, September 26, 2013 10:14 AM
>Subject: The Rehabilitation Act and Creation of the Access Board
>
>
>
>The Rehabilitation Act and Creation of the Access Board
>
>
>
>
>Board Chair Karen L. Braitmayer, FAIA
>
>
>
>
>Karen L. Braitmayer Access Board Chair
>
>
>
>
>Board Executive Director David M. Capozzi
>
>
>
>
>David M. Capozzi Access Board Executive Director
>
>
>
>Today marks the 40th anniversary of the
>Rehabilitation Act of 1973 which requires access
>to programs and activities that are funded by
>federal agencies and to federal employment. The
>law also created the U.S. Access Board to ensure
>access to the built environment.
>
>Specifically, the Board was established to
>enforce a law passed a few years earlier, the
>Architectural Barriers Act (ABA) of 1968. One of
>the first laws on the books to address
>accessibility, the ABA aimed to make the federal
>government a model of accessibility by requiring
>access to all facilities designed, built,
>altered, or leased with federal funds. In
>passing the Rehabilitation Act, Congress
>determined that the ABA needed better
>enforcement. As originally written, the ABA
>effectively left compliance up to each agency
>with little oversight. Further, comprehensive
>standards for accessibility were not available
>at that time. It was clear that a central agency
>was needed to both establish and enforce
>accessibility requirements for facilities covered by the law.
>
>According to Access Board Chair Karen L.
>Braitmayer, FAIA, "In creating the Access Board,
>Congress recognized that you can't guarantee
>accessibility until you clearly spell out how it
>is to be achieved and have a process in place to
>make sure that those requirements are met." In
>fact, the lessons learned from the ABA and the
>Rehabilitation Act would not be lost on later
>laws, such as the Americans with Disabilities Act (ADA).
>
>"With accessibility, it's fair to say that the
>Federal government essentially started in its
>own backyard," states David M. Capozzi, the
>Access Board's Executive Director. "The
>Rehabilitation Act and the Architectural
>Barriers Act helped lay the groundwork for the
>landmark ADA and coverage of accessibility beyond the federal realm."
>
>To this day, the Board continues to do what it
>was created to do. It develops and keeps
>up-to-date the accessibility requirements of the
>ABA and enforces compliance with them through
>the investigation of complaints. If a member of
>the public is concerned about access to a
>facility that may have received federal funding,
>it can
><http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&100&&&http://www.access-board.gov/aba-enforcement/file-a-complaint>file
>a complaint with the Board. The Board then opens
>an investigation to determine whether the
>facility is covered by the ABA and, if so,
>whether it meets the applicable standards. If a
>covered facility is not in compliance, the Board
>will pursue a corrective action plan and monitor
>the case until all necessary work is completed.
>The Board typically opens about 50 to 100 cases
>each year, and has ensured access to all types
>of facilities covered by the ABA, including post
>offices, national parks, and social security
>offices, among others. Since the ABA also
>applies to non-Federal buildings that are
>federally funded, the Board's casework has
>encompassed many other types of facilities as
>well, such as schools, transit stations, local
>courthouses and jails, and public housing.
>
>The Board's mission has grown tremendously over
>the years under later laws. Its work developing
>and maintaining accessibility requirements is no
>longer limited to buildings covered by the ABA.
>Now, the Board is responsible for design
>requirements for facilities and transportation
>systems covered by the ADA, electronic and
>information technology in the federal sector
>under Section 508 of the Rehabilitation Act,
>telecommunications equipment subject to the
>Telecommunications Act of 1996, and, most
>recently, medical diagnostic equipment under
>Section 510 of the Rehabilitation Act. Through
>this work, the Board has become a leading resource on accessible design.
>
>"The Board has eagerly accepted the
>responsibility to address access in new and
>unchartered areas," says Capozzi. "The Board
>maintains a very active and varied
><http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&101&&&http://www.access-board.gov/guidelines-and-standards>rulemaking
>agenda. In fact, just today, the Board is
>releasing
><http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&102&&&http://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas/final-guidelines-for-outdoor-developed-areas>new
>guidelines that address access to federal
>outdoor recreation sites." The Board is also
>developing new guidelines or standards for
>public rights-of-ways, shared use paths,
>passenger vessels, emergency housing, classroom
>acoustics, and medical diagnostic equipment.
>Having previously developed and updated its
>guidelines for facilities under the ABA and ADA,
>the Board is currently refreshing its ADA
>guidelines for transportation vehicles and its
>standards and guidelines for information and
>communication technologies covered by section
>508 and the Telecommunications Act. In addition
>to rulemaking, the Board provides technical
>assistance and training to the public on its
>guidelines and standards on a regular basis and
>funds research on accessible design.
>
>"Often people ask which department the Board is
>part of, but in fact it is an independent
>federal agency with authority to report directly
>to the President and Congress," says Braitmayer.
>Its governing
><http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&103&&&http://www.access-board.gov/the-board/members>Board
>includes 13 members from the public appointed by
>the President to four-year terms. Over the
>years, almost
><http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&104&&&http://www.access-board.gov/the-board/former-public-board-members>100
>people have served on the Board as public
>members. Since the Board also coordinates policy
>government-wide relating to accessible design,
>12 federal departments are represented on the Board as well.
>
>Recollections from Former Board Members
>
>In recognition of the Rehabilitation Act's 40th
>anniversary, the Board thought it was worth
>looking back to reflect on what the law, and its
>establishment of the Board, have brought about.
>It reached out to former public members and
>asked for their thoughts and recollections from their service on the Board.
>
>
>Hale Zukas
>Board Member (1979 – 1984)
>
>"The biggest accomplishment during my tenure was
>the development of the Board's Minimum
>Guidelines and Requirements for Accessible
>Design. These were the first design requirements
>for accessibility laid down by the federal
>government, and they were instrumental in
>comprehensively defining architectural
>accessibility and giving teeth to the ABA so
>that there was a clear and distinct means for
>enforcing compliance. They served as the basis
>for the first mandatory standards issued under
>the ABA known as the Uniform Federal
>Accessibility Standards (UFAS). If an entity
>covered by the ABA didn't meet the standards, it
>violated the law. UFAS certainly had a useful
>span and long run. It was used to measure
>enforcement with the ABA for over 20 years and
>remains in effect at this time for housing
>facilities. It also was the basis for the first
>standards issued under the ADA and was permitted
>as an alternate standard for state and local governments until last year."
>
>
>Steven A. Diaz
>Board Member (1985 – 1987)
>
>"During my tenure, the Board came to terms with
>its obligation to provide an effective
>enforcement mechanism. The Board had a difficult
>time recognizing that setting technical
>standards was only half the work. We confronted
>the Board's role in providing a forum for those
>denied access and a channel for redress through
>its Compliance and Enforcement division."
>
>"The Federal role in an accessible society is a
>fundamental premise of our notion of civil
>liberties. The Board sets the tone with its
>standards and commitment to the goal of maximum
>feasible accommodation. It is the attitudinal
>barriers that are the hardest to break down and
>which require diligence and leadership from the
>Board. Working towards universal public
>awareness and education as to why we aspire to
>be a fully accessible society, with all of the
>accompanying benefits for everyone, is an
>enormous task. The Board's writ to deal with
>"attitudinal barriers" opens the way to such
>awareness and education efforts which must
>embrace collaborative efforts between the Board
>and educators, veterans, parents, employers, and
>transportation officials as well as all of the
>constituents and components of the disability communities."
>
>
>Pamela Holmes
>Board Member (1994 – 2002)
>Pamela Holmes
>"What was impressive with all the work the Board
>did during my tenure while developing these
>guidelines and standards was the meticulous
>gathering of all the impacted stakeholders in
>the community to discuss and have substantive
>input on the guidelines and standards as they
>were being developed for consensus building early in the process."
>
>"An ongoing challenge for all those in the
>federal sector in improving accessibility for
>people with disabilities is to do so in a way
>that is nimble enough that it keeps up with the
>current technological solutions and needs, yet
>careful enough that all sides of the situation
>are thoroughly explored. As our country becomes
>more and more immersed in technological
>solutions, we do not want to set standards that
>limit the advancements of better solutions that
>emerge within the timeframe of the development,
>comment period, creation of final rule and implementation."
>
>"Enforcement is as critical as the careful
>crafting of the guidelines and standards
>themselves. People are living longer and the
>population of individuals with disabilities has
>grown substantially since the original laws were
>enacted. As we 'build out' a new more accessible
>America, we must constantly be vigilant of how
>to minimize barriers before the lawsuits and
>complaints can even surface. Without the public
>seeing strict enforcement, barriers will
>continue to exist and the good work of all the
>stakeholders who came to the table to help avoid
>such obstacles will be in vain."
>
>
>Douglas Anderson
>Board Member (2003 – 2011)
>
>Douglas Anderson
>"I will always consider my work on the Board
>among the most significant offerings I have had
>the opportunity to give to society. I served on
>the Board during its update and release of its
>ADA and ABA Accessibility Guidelines in 2004,
>which was a big accomplishment. Since passage of
>the ADA, one of the biggest changes we've seen
>is the integration of access into the design of
>buildings that allows people with disabilities
>the opportunity to use buildings in the same way
>all users do. Accessible design has become a
>standard practice within the design and
>construction industry instead of just a specialty."
>
>"Of course, with the Board's responsibility to
>address accessible design not only in the built
>environment, but also transportation,
>communication, and information technology,
>challenges remain, such as making both ambient
>and interactive technology fully accessible to
>people with disabilities. These continuously
>evolving systems offer amazing potential for
>equal access, yet are also very vulnerable to
>missing the opportunity to building access into the system."
>
>
>Further Information
>
>For further information on the work of the Board
>and the Rehabilitation Act, see:
> *
> <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&105&&&http://www.access-board.gov/the-board>Access
> Board Mission
> *
> <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&106&&&http://www.access-board.gov/aba-enforcement>Enforcement
> of the ABA
> *
> <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&107&&&http://www.access-board.gov/the-board/board-history>History
> of the Access Board
> *
> <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&108&&&http://www.access-board.gov/the-board/rulemaking>Access
> Board Rulemaking
> *
> <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwOTI2LjIzNDIxOTAxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDkyNi4yMzQyMTkwMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzkzNDEyJmVtYWlsaWQ9am1henJ1aUBmY2MuZ292JnVzZXJpZD1qbWF6cnVpQGZjYy5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&109&&&http://www.access-board.gov/the-board/laws>Laws
> Concerning the Access Board
>
>
>
>
>
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