Americans with Disabilities Act Status Update
What All Camp Directors
Need to Know
Presented by
Jennifer K. Skulski
National Center on Accessibility
www.ncaonline.org
jskulski@indiana.edu
Refresher
Americans with Disabilities Act
• Title I – Employment
• Title II – State & Local Government
• Example: Day camp run by municipal park &
recreation department
• Title III – Public Accommodations
• Example: Week long overnight camp
coordinated by YMCA branch
Purpose of ADA
• Eliminate discrimination
• Employment
• Public Services
• Transportation
• Public Accommodations
• …… and more
• Expand integration
3
Americans with Disabilities Act
Prohibits discrimination on
the basis of disability
against qualified individuals
with disabilities.
4
Definition of a Disability
• A physical or mental impairment that
substantially limits one or more major
life activities;
• A record of such an impairment; or
• Regarded as having such an
impairment.
5
Key Principles of the ADA
• Most integrated setting;
• When viewed in its entirety;
• Modification of policies, practices and
procedures;
• Effective communication;
• Removal of physical or communication
barriers to programs, activities, goods
or services.
Defenses
• Direct threat
• Fundamental alteration to the nature
of the program
• Undue hardship
Revised ADA Regulations (2010)
• Nondiscrimination policies
• 2010 Standards
– New construction
– Alterations
– Additional design requirements
• Existing facilities
Important Dates
• General effective date
– March 15, 2011
• Compliance date for 2010 Standards
– March 15, 2012
– The 2010 Standards must be followed for
new construction, alterations, barrier
removal and program access.
Nondiscrimination Policies
Title II & Title III Regulations
• Service animals
– A dog that has been individually trained to do work or
perform tasks for the benefit of an individual with a
disability.
– Animals used for emotional support are not covered.
• Wheelchairs and other power-driven
mobility devices
– Wheelchairs must be permitted in all areas of pedestrian
use.
– Other devices can be limited based on fundamental
alteration to the nature of the program or direct threat.
Existing Facilities
• Title II
– Program Access
• Title III
– Readily Achievable Barrier Removal
• Safe Harbor
– Safe to use 1991 in interim of compliance date
– Does NOT apply to elements in existing facilities that were
not subject to 1991 standards (i.e. Chapter 10 Recreation
Facilities)
2010 Standards
Common Elements at Camp
•
•
•
•
•
Boating facilities
Fishing facilities
Swimming pools
Sports courts
Play areas
Scoping
Accessible Routes
•
•
•
•
•
Bowling lanes (5%)
Shooting facilities (5%)
Sports courts (connects both sides of court)
Exercise equipment
Amusement rides
Chapter 10: Recreation Facilities
Boating Facilities
• Accessible route
to boat slips
• Boarding piers
Chapter 10: Recreation Facilities
Fishing Piers & Platforms
• Accessible routes
• Dispersion
• Railing height &
edge protection
• Clear floor space
Chapter 10: Recreation Facilities
Play Areas
• Accessible route at
entry and at
access/egress to
accessible components
• Ground level
components
• Transfer or ramp to
elevated components
• Surfacing
Chapter 10: Recreation Facilities
Swimming Pools,
Wading Pools & Spas
• At least 2 accessible
means of entry*
• Pool lift**
• Sloped entry**
• Transfer system
• Pool stairs
* Exception allows for one means of entry at pools less than 300 linear ft.
**At least one means of entry shall be a pool lift or sloped entry
Upcoming Rulemaking
• Outdoor Developed Areas
–
–
–
–
Trails
Campgrounds
Picnic Areas
Beaches
• Draft Final Guidelines (U.S. Access Board, Oct 2009)
http://www.access-board.gov/outdoor/draftfinal.htm
Action Planning
•
•
•
•
Accessibility Coordinator
Access Team
Accessibility Assessment of Facilities
Self Evaluation of Policies &
Procedures
• Transition Plan
Online Resources
• www.ncaonline.org
web modules on program access, universal design
– Discover Camp www.indiana.edu/~nca/discover/
– Discover Leisure www.indiana.edu/~nca/leisureed/
– Universal Challenge Courses
www.indiana.edu/~nca/challenge/
• www.accessibilityonline.org
monthly webinar with Access Board
• www.ada-audio.org
audio conferences, webinars hosted by the regional
ADA Centers
Resources
• National Center on
Accessibility
• U.S. Access Board
– www.access-board.gov
– (800) 872-2253
– www.ncaonline.org
– (812) 856-4422 voice
– (812) 856-4421 tty
• Regional ADA Centers
• U.S. Department of Justice
– www.adata.org
– (800) 949-4232
– www.ada.gov
– (800) 514-0301
• Equal Employment
Opportunity Commission
– www.eeoc.gov
– (800) 669-4000
21