Did You Know
Key provisions of the revised ADA Regulations implementing Title II and Title III include:
Service Animals –Issues addressed include whether animals other than dogs qualify as service animals; whether certification documents can be required; circumstances under which a service animal may be removed; whether animal classified as support, therapy, companion and/or psychiatric are considered service animals.
Effective Communication –Guidelines and mandates have been strengthened to ensure access for individuals who are deaf or hard of hearing and who are blind or have low vision. The regulations enumerates the factors to use to determine what auxiliary aids and/or services are necessary to provide effective communication; to measure the ‘effectiveness” of aids and services; the obligation to regularly re-assess communication “effectiveness” over time; and the obligation to ensure meaningful access to Internet websites.
Examination and Courses –The regulations clarify the obligations of private testing entities concerning licensing, certification and credentialing. They specifically address concerns that the documentation standards presently utilized by such entities are inappropriate and burdensome. In pertinent part, they require that the standards utilized be “reasonable and limited” and that such entities give “considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received in similar testing situations, as well as [those provided] in response to an Individual Education Plan (IEP) … or a plan … pursuant to Section 504 of the Rehabilitation Act… .”
Power Driven Mobility Devices –Provides guidelines for devices such as Segways used by individuals with mobility impairments including the circumstances under which the use of such devices may be prohibited.
2010 Standards for Accessible Design –Adoption of revised ADA standards for accessible design. Compliance with the 2010 standards for new construction and alterations will be required 18 months after publication of the final rules.
NOTE: In general, the revised regulations will not take effect until six months after they are published in the Federal Register. To date they have not been published and no date for such has been identified.
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Dr. Salome Heyward frequently provides legal opinions and information on disability issues to colleges and universities, as well as providing legal background to many major news organizations. She is a civil rights attorney with over 30 years of experience and is a well-known and respected speaker and trainer in the area of disability discrimination law and disability management. Dr. Heyward's firm has provided training products and services allowing her clients to navigate the complexities of disability law compliance with confidence.