# Presentation: 045456

## Course Outline

- Course Introduction
- Section 504 of the Rehabilitation Act of 1973, as amended.
- Section 508 of the Rehabilitation Act of 1973, as amended.
- Executive Order 13166
- Executive Order 13160

## Introduction

- The _Key to Accessing Federally Conducted Programs and Activities_ (FCPA) course is designed to provide awareness of the FCPA Program.

## GSA’s Responsibilities:

- GSA is committed to providing meaningful access for individuals with disabilities and individuals with Limited English Proficiency.
- Additionally, Executive Order 13160 prohibits discrimination in federally conducted training and education programs on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, and status as a parent.

## What are the laws and Executive orders that apply to federally conducted programs and activities?

- Section 504 of the Rehabilitation Act of 1973, as amended.
- Section 508 of the Rehabilitation Act of 1973, as amended
- Executive Order 13166
- Executive Order 13160

## What is a federally conducted program or activity?

- A federally conducted program or activity is
- anything a Federal agency does.
- Aside from employment, there are two major
- categories of federally conducted programs or
- activities covered: (1) those involving general
- public contact as part of ongoing agency
- operations; and (2) those administered for
- program beneficiaries and participants.

## What are some examples of federally conducted programs and activities?

- Communication with the public (in-person, by telephone, email or website)
- Public’s use of and access to GSA’s facilities or equipment
- Public events
- Outreach activities

## Testing your knowledge

-  Public events are an example of federally conducted programs and activities.
- True         or    False
- A federally conducted program or activity is anything a Federal agency does.
- True          or    False

## What does Section 504 of the Rehabilitation Act of 1973, as amended, require?

- Section 504 of the Rehabilitation Act of 1973, as amended, requires Federal agencies to make their programs and activities accessible to individuals with disabilities.

## Who is an individual with a  disability? 

- A  individual with a disability is defined as one who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

## What are some examples of  major life activities?

- Major life activities include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

## Does GSA have an implementing regulation for Section 504?

- Yes. GSA’s implementing regulation is 41 CFR 105-8.
-  It requires that each program or activity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities.

## What makes a program “readily accessible to and usable by individuals with disabilities”?

- In order for individuals with disabilities to access one of GSA’s programs or activities, there are two different types of access to address:
_**Structural access**_: Each building or part of a building that is constructed or altered for the use of GSA is required to be designed, constructed, or altered so as to be readily accessible to and usable by individuals with disabilities.
_**Non-structural access**_: (a) an accessible route of travel must be available at all times for individuals with disabilities, and (b) policies, procedures and practices must be in place to provide for effective communication with and program access for individuals with disabilities.

## What are the steps that program managers should take in determining whether their program(s) and activities are accessible to individuals with disabilities?

_**Conduct a Self-Evaluation**_:  Program managers must conduct a self-evaluation of all programs and activities under their control to ensure accessibility for individuals with disabilities.
_**Develop a Transition Plan**_: The plan should identify physical obstacles and set forth the steps necessary to remove the obstacles.
_**Re-evaluate periodically**_:  Due to changes in how programs are conducted or the re-location of a program, accessibility should be re-evaluated periodically.

## Testing your knowledge

-  A self evaluation of all programs and activities is not required.
- True    or   False
- An example of a major life activity is walking.
- True    or False

## What does Section 508 of the Rehabilitation Act of 1973, as amended, require?

- Section 508 of the Rehabilitation Act of 1973, as amended, requires access to and use of Federal electronic and information technology (EIT)  by individuals with disabilities.

## Yes, actually there are two implementing regulations for Section 508:

the Access Board Standards for Section 508
	( 36 CFR 1194 )        
the Federal Acquisition Regulation (FAR)
  (48 CFR Parts 2, 7, 10, 11,12, and 39)

- the Access Board Standards for Section 508
- 	( 36 CFR 1194 )
- the Federal Acquisition Regulation (FAR)
-   (48 CFR Parts 2, 7, 10, 11,12, and 39)

- Is there an implementing regulation for  Section 508?

## What is electronic and information technology (EIT)?

- EIT is information technology, as defined at FAR 2.101, and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion or duplication of data or information.

## TEST YOUR KNOWLEDGE

- The FAR does not apply to the implementation of Section 508.
- True    or  False
-  EIT is information technology.
- True     or   False

## What does Executive Order 13166 require?

- Executive Order 13166 requires Federal agencies to take reasonable steps to provide meaningful access to their programs and activities for individuals with Limited English Proficiency (LEP).

## Who is an individual with Limited English Proficiency (LEP)?

- An individual with LEP is one who does not speak English as their primary language and who has a limited ability to read, write, speak, or understand English because of his/her national origin.

## What steps should be taken to determine whether LEP assistance is required in a particular program/activity?

- 	The starting point is an individualized assessment that balances the following four factors:
- The number or proportion of LEP persons in the program’s serviced area
- Frequency of contact between the program and LEP persons
- Nature and importance of the program or activity.
- Availability of resources.

## What are the next steps if the four-factor analysis indicates that some form of LEP assistance is required?

- Develop tailored procedures to address LEP responsibilities, based on both oral and written communications used in the program.
- Train the program staff on the procedures.
- Notify the LEP population that LEP assistance is available.
- Monitor effectiveness of LEP procedures on a periodic basis.

## What are some considerations in providing language assistance?

- Language assistance involves both oral and written communications with LEP individuals. It can take the following forms, for example:
- 	 (a) oral interpretation through the use of either a vendor or bilingual staff
- 	 (b) telephone interpreter lines
- 	 (c) written translations of vital documents

## Testing your knowledge

- An individual with LEP is one who does not speak English as their primary language and who has a limited ability to read, write, speak, or understand English because of his/her national origin.
- True     or     False
- Language assistance involves both oral and written communications with LEP individuals.
- True     or   False

## What does Executive Order 13160 require?

- Executive Order 13160 requires Federal agencies to ensure equal opportunity in federally conducted training and education programs on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation and status as a parent.

## What are some types of GSA programs and activities to which Executive Order 13160 applies?

- Executive Order 13160 applies to education and training programs or activities that are conducted by GSA.  For example,
- 		--executive training programs
- 		--workshops for small businesses
- 		--PBS Academy
- 		--temporary student employment activities

## Testing your knowledge

- Executive Order 13160 applies to education and training programs or activities that are conducted by GSA.
- True       or       False
- GSA’s workshops for small businesses are an example of an education and training program under Executive Order 13160.
- True       or      False

## Congratulations!

- You have completed the FCPA course.  Any questions or concerns should be addressed in writing to the Office of Civil Rights (AK), General Services Administration, 1800 F Street, NW, Washington, DC 20405 or E-mail to OCR@GSA.GOV