# Presentation: 519172

## WIA Section 188 Disability Checklist Training

- Elements 5.6 and 5.7 –
- Programmatic and Architectural Accessibility

## We’ll be talking about:

- The difference between “*accessibility*” and “*reasonable accommodation*”
- The “*hierarchy of obligations*” related to accessibility
- The standards for *architectural accessibility* that apply under WIA Section 188 and the regulations
- The difference between “*architectural accessibility*” and “*program accessibility*”

## Accessibility vs. reasonable accommodation/modification

- Providing *accessibility*:  taking *generalized *action *in advance* (so you’ll be ready for people with disabilities)
- Not tied to a particular person with a disability
- Providing *reasonable accommodation/ modification*:  taking *individualized *action *when a particular person* with a disability seeks aid, benefits, services, training, or employment

## What legal standards apply?

- 29 CFR 37.3(b) – incorporates standards from DOL’s Section 504 regs (29 CFR part 32, Subparts B and C and Appendix A)
- 29 CFR part 32, Subpart C – deals with accessibility
- This presentation does NOT deal with ADA standards – or State standards

## Lack of access is no excuse

*29 CFR 32.26* says you can’t:
*Exclude* a person with a disability, or
- Give *different benefits* to a person with a disability, or
*Otherwise discriminate against* a person with a disability . . .
- . . . because a program or activity is inaccessible

## What accessibility standards must you meet?

- It depends!
*How old* is the facility?  (When was it built?)
- Has the facility been, or will it be, *altered or renovated* for you to use?
- If so, *when* was it/will it be altered or renovated?  (What date?)
*When* did you first receive Federal financial assistance?

## The “hierarchy of obligations”

- New construction
- Alteration or renovation
- Done by you, on your behalf, or for your use?
- Before or after you received Federal financial assistance?
- “Existing facilities”

## New construction

- Facility must *fully meet*
-  legal standards for
*architectural accessibility*
- [required by 29 CFR 32.28(a)]

## Alteration or renovation

- Was it done:
- by you?
- on your behalf?
- for your use?
- If *no*, use *existing facilities* rules

## Alteration or renovation (con’t)

- If yes, when was it/will it be done?
*Before* you received Federal financial assistance:  use *existing facilities*** **rules
*After* you received Federal financial assistance:  altered/renovated part must comply with *architectural accessibility* standards
- 29 CFR 32.28(b)

## Existing facilities

- Not new construction
- Either:
*Not* altered or renovated by you, on your behalf, or for your use; or
- Altered or renovated *before* you first received Federal financial assistance
- Must meet *program accessibility* requirements

## Federal standards for architectural accessibility

- Two different sets of Federal standards exist
- Uniform Federal Accessibility Standards (UFAS) – 41 CFR 101-19.6
- Americans with Disabilities Act Accessibility Guidelines (ADAAG)

## Which standardsshould you use?

- DOL’s Section 504 regs say UFAS
*But *. . . regs also allow “alternative standards” to be used if they will allow “equivalent or greater access”
*So . . .*** **you may use *either* UFAS or ADAAG

## New standards to come?

- The Access Board is updating both UFAS and ADAAG to make them more consistent
- Once approved, standards will be published in final form (until then, old standards apply)
- For more info, see _[www.access-board.gov/ada-aba/status.htm](http://www.access-board.gov/ada-aba/status.htm)_

## What is program accessibility?

- What it *does* mean:
- Your program or activity must be accessible *when viewed in its entirety*
- Every *aspect* of your program or activity must be accessible
**Examples:  intake, assessment, training courses**

## Program accessibility (con’t)

- What it does *not* mean:
- Making each of your existing facilities accessible
- Making every part of your facility accessible
- Making structural changes where *other ways* of providing access are *possible*

## Examples of changes for program accessibility

- Redesigning equipment
- Moving classes or other services to accessible locations
- Assigning aides to participants/ beneficiaries

## Program accessibility:  two key points

- You must provide programs and activities in *most integrated setting possible* for people with disabilities
- You *may* be required to alter or renovate your facilities if there is *no other possible way* of providing program accessibility

## Any questions?