Policy Renaming of Special Needs Coordinator VEST position to Lead Access and Functional Needs (AFN) Coordinator. Position moved from ESF-6 to Command Staff and given oversight and coordination of the AFN Coordinators in shelters. DAFM Needs Product Completion of a language access plan for mass care programs in general, shelter sites, and public information. DAFM Needs Policy Recommend adoption of policies related to compliance with non-discrimination laws in exercises and training. Exercising the Plan Program Training for stakeholders on new statewide sheltering plan. Exercising the Plan Program Series of exercises to test and evaluate the new statewide sheltering plan. Exercising the Plan Product Report on identification of potential funding sources for various programs recommended in the strategic framework or needed to implement the new statewide sheltering plan. Budget Product Report on costs associated with exercising the plan and new or enhanced programs and policies. Budget *DAFM: Disability, access, functional, and medical
Appendix A Statutes, Regulations, and Executive Orders Related to Sheltering ** The following information is not intended, nor should it be construed, as legal advice. Emergency Management Laws Regulation or Statute Citation What it says Application to mass care & sheltering Stafford Act Section 706 1In a federally-declared disaster, unless there is a state or local law prohibiting firearms in shelters or other mass care facilities, it is against federal law for anyone working for a state, local, or non-profit agency that receives federal funds, while acting in support of relief from the disaster to prohibit possession of any firearm or to promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by law. If that happens, the aggrieved party (the one who was not allowed to possess their firearm) may sue the individual(s) who prohibited their possession. Individual state, local, and employees and volunteers may be sued as individuals. Virginia has a law that allows the Governor to temporarily prohibit firearms in any emergency shelter in the Commonwealth (COV § This is done through an executive order and it is unclear whether this state statue meets the requirements of § 706 to permit this type of firearms prohibition. The impact this could have on sheltering is significant. During a federally-declared event or upon transition to a event, localities and the American Red Cross may opt not to provide shelters to avoid creating an unsafe environment for residents and to eliminate the potentially liability to state personnel and volunteers. Post-Katrina Emergency Management Sec. 512. (a) 2Allows EM agencies to use SHSGP and UASI funds for evacuation planning, preparing for, exercise and execution of mass evacuation This statute does NOT require agencies to use their funding for these plans but does enable them to use the funding to
Reform Act of 2006 (PKEMRA) plans. This includes retrofitting of facilities and stockpiling shelter resources. support most, if not all, of their state to local planning, preparedness, and exercising of sheltering and mass care programs. Sect. 512 (b) (1-6) 3Requires mass evacuation plans authorized under subsection (a), specifically the plans of any state, tribal, or local entity receiving SHSGP or UASI funds, be developed to accomplish the following, to "the maximum extent practicable": • Ensure that State, local, and tribal government plans, including evacuation routes, are coordinated and integrated; • Identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other institutional living facilities; • Develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals with disabilities and other access or functional needs, with limited English proficiency, or who might otherwise have difficulty in obtaining such information; and • Identify shelter locations and capabilities. § 512 (b) supports the efforts of the COV to collaborate with all types of stakeholders in developing the new statewide sheltering plan. This also requires that localities coordinate with the COV for local shelter planning. This section also supports the identification of sheltering capabilities and locations across the Commonwealth. The COV has been attempting to aggregate that data for some time in the Hampton Roads region with a moderate degree of success. That effort will continue and will be expanded to the rest of the state.
being communicated accurately and without bias. 52Prohibits exclusion from participation in or denial of the benefits of a program or service because of an inaccessible or unusable facility. “A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance.” § 35.149 - 150 This regulation allows for the use of temporary modifications that will result in making services, programs, and activities readily accessible to and usable by individuals with disabilities. 70A public entity is not “necessarily” required to make all of its facilities accessible and usable by individuals with disabilities. However, in choosing how to meet the requirements of the ADA, the entity must give priority to those facilities which provide the most integrated setting appropriate. § 35.150 (a) (1); (b) (1) Every shelter facility is not required to be accessible under the ADA. The standard is that when viewed in its entirety, the sheltering program is accessible. When appropriate and possible, the state or locality should select shelter facilities that allow for integration of individuals with disabilities in shelters. 54Also applies to public transportation services prohibiting discrimination based on disability in the provision of services. § 37.5, § 37.21, § 37.23 This applies to service animals on public transportation and refusing service because of a disability. 71Prohibits charging a fee for any accommodations or services provided to ensure non-discrimination and compliance with the ADA. § 35.130(f) This includes personal assistance services, interpreters, or use of equipment.
agreement with the locality and the Red Cross violates Title VI by not providing language interpreters, it is the locality that will be held accountable for the discrimination. 61Recipients may not use criteria methods of administration which have the effect of discriminating based upon color, race or national origin. 28 CFR § 42.104(b)(1) Similar to ADA, screening out individuals through registration processes or segregating within the shelter based upon race, color, or national origin is prohibited. 62Recipients are also prohibited from implementing policies that, although on their face are non-discriminatory, have a disproportionate impact on protected groups. 28 CFR § 42.104(b)(1), (2) A sheltering-based example might be only opening a shelter in wealthy neighborhoods which would adversely impact protected groups. Executive Orders (EOs are temporary as they may expire, be rescinded or replaced) Executive Order 2 (2006) – Community Integration for Virginians with Disabilities 63Requires state government to have appropriate structures in place to facilitate community integration for people with disabilities. This EO requires that individuals with disabilities be integrated into the general population Presidential Executive Order 13347 Individuals with Disabilities in Emergency Preparedness Federal Register Vol. 69, No. 142 (July 26, 2004) pg. 44573-44574 64Sect. 1 (a-b) This EO encourages the federal government to consider in their emergency planning the needs of individuals with disabilities served by state, local and tribal governments including providing technical assistance. These sections establish inclusive emergency planning as the policy of the federal government and encourage each level of government to provide technical assistance to ensure plans are inclusive.