Slide 1:
U.S. Department of Homeland Security
Office for Civil Rights and Civil Liberties
The Emerging Landscape - The Law Related to People with Disabilities and Emergency
Preparedness and Response
Webinar Part 2:State/Local Emergency Managers and Others Active in Disaster Response
Slide 2:
Learning Objectives
What are the key trends that will affect emergency planning for individuals with disabilities?
What are the key disability civil rights principles that apply during emergencies?
How are these principles being integrated within national emergency management doctrine?
How are these principles being integrated into planning guidance for state and local emergency
managers?
What are the implications for emergency preparedness and individuals with disabilities?
Slide 4:
Two photos depicting 1. individuals impacted by disasters (left photo) and 2 individuals who are
becoming an active part of the response (right photo)
Slide 4:
Section 1:
Key Trends
Slide 5: Demographics
•
Increasing aging and diversification of the population
•
Increasing preference for home and community based living
•
Increasing importance of real time communication
•
Increasing reliance on electrical power
•
Increasing reliance on assistive technology
Slide 6: Disasters
•
Intensity and frequency of natural disasters
•
Populations living in high hazard areas
•
Density of population - exposure to hazards
•
Living in the post-9/11 world
Slide 7:
Section 2:
Antidiscrimination Principles
Slide 8: Key Laws and Directives
Key Laws and Directives Include:
•
Rehabilitation Act
•
Americans with Disabilities Act
•
Fair Housing Act
•
Architectural Barriers Act
•
Communications Act
•
Robert T. Stafford Disaster Relief and Emergency Assistance Act
•
Executive Order 13347 on Preparedness and Disability
Slide 9: Antidiscrimination Principles
Self-Determination - People with disabilities are the most knowledgeable about their own
needs.
Whenever choices are available, people with disabilities have the right to choose their shelter
location, what type of services they require, and who will provide them.
Slide 10: Antidiscrimination Principles
No “One Size Fits All” - People with
disabilities do not all require the same
assistance and do not all have the same needs.
• Many different types of disabilities affect people in different ways. Preparations should
be made for individuals with a variety of functional needs, including individuals who use
mobility aids, require medication or portable medical equipment, use service animals,
need information in alternate formats, or rely on a care giver.
Slide 11: Antidiscrimination Principles
Equal Opportunity - People with disabilities must have the same opportunities to benefit
from emergency programs, services, and activities as people without disabilities
• Emergency recovery services and programs should be designed to provide equivalent
choices for people with disabilities as they do for individuals without disabilities. This
includes choices relating to short-term housing or other short- and long-term disaster
support services.
Slide 12: Antidiscrimination Principles
Inclusion - People with disabilities have the right to participate in and receive the benefits of
emergency programs, services, and activities provided by governments, private businesses,
and nonprofit organizations.
•
Inclusion of people with various types of disabilities in planning, training, and evaluation
of programs and services will ensure that this population is given appropriate
consideration during emergencies.
Slide 13: Antidiscrimination Principles
Integration - Emergency programs, services, and activities typically must be provided in an
integrated setting.
• The provision of services such as sheltering, information intake for disaster services, and
short-term housing in integrated settings keeps individuals connected to their support
system and caregivers and avoids the need for disparate service facilities.
Slide 14: Antidiscrimination Principles
Physical Access - Emergency programs, services, and activities must be provided at locationsthat
all people can access, including people with disabilities.
• People with disabilities should be able to enter and use emergency facilities and access
the programs, services, and activities that are provided. Facilities typically required to be
accessible include: parking, drop-off areas, entrances and exits, security screening areas,
toilet rooms, bathing facilities, sleeping areas, dining facilities, areas where medical care
or human services are provided, and paths of travel to and between these areas.
Slide 15: Antidiscrimination Principles (photo: Woman using a wheelchair signs up for disaster
assistance in Houston Astrodome. (Hurricane Katrina, 2005)
Equal Access - People with disabilities must be able to access and benefit from emergency
programs, services, and activities equal to the general population.
• Equal access applies to emergency preparedness, notification of emergencies, evacuation,
transportation, communication, shelter, distribution of supplies, food, first aid, medical
care, housing, and application for and distribution of benefits.
Slide 16: Antidiscrimination Principles
Effective Communication -People with disabilities must be given information comparable in
content and detail to that given to the general public, as well as accessible, understandable, and
timely.
• Auxiliary aids and services may be needed to ensure effective communication. These
may include pen and paper or sign language interpreters through on-site or video
interpreting for individuals who are deaf, deaf-blind, hard of hearing or have speech
impairments. Individuals who are blind, deaf-blind, have low vision, or have cognitive
disabilities may need large print information or people to assist with reading and filling
out forms.
Slide 17: Antidiscrimination Principles
Program Modifications - People with disabilities must have equal access to emergency programs
and services, which may entail modifications to rules, policies, practices, and procedures.
• Service staff may need to change the way questions are asked, provide reader assistance
to complete forms, or provide assistance in a more accessible location.
Slide 18: Antidiscrimination Principles
No Charge - People with disabilities may not be charged to cover the costs of measures
necessary to ensure equal access and nondiscriminatory treatment.
• Examples of accommodations provided without charge to the individual may include
ramps, cots modified to address disability-related needs, a visual alarm, grab bars,
additional storage space for medical equipment, lowered counters or shelves, Braille and
raised letter signage, a sign language interpreter, a message board, assistance in
completing forms, or documents in Braille, large print, or audio recording
Slide 19: Antidiscrimination Principles
The Developmental Disabilities Assistance and Bill
of Rights Act promotes:
• Self-determination, independence, productivity, integration and inclusion
• Apply to living, learning, working, and enjoying life in the community
Slide 20: Section 3: The Emerging Landscape
Slide 21:
Presidential Policy Directive (PPD) 8 –
National Preparedness
PPD-8 describes the Nation’s approach to preparing for the threats and hazards that pose the
greatest risk to the security of the United States. National preparedness is the shared
responsibility of our whole community.
Slide 22: PPD-8 (continued)
Individual and community preparedness is fundamental to our success. By providing the
necessary knowledge and skills, we seek to enable the whole community to contribute to
and benefit from national preparedness. This includes children, individuals with disabilities
and others with access and functional needs, diverse communities, and people with limited
English proficiency. Their needs and contributions must be integrated into our efforts. Each
community contributes to the Goal and strengthens our national preparedness by preparing
for the risks that are most relevant and urgent for them individually.
Slide 23:
Whole Community
FEMA initiated a national dialogue on a Whole Community approach that attempts to engage the
full capacity of local residents, the private sector, NGOs, and government agencies at all levels.
This philosophy provides a lens through which residents, emergency management
practitioners, organizational leaders, and government officials can understand and assess the
needs of local residents and the best ways in which to organize and strengthen their assets,
capacities, and interests.
Slide 24: Whole Community (continued) (photo: Women using wheelchair provides testimony at
Public Forum.)
Three Core Principles:
• Understand and meet the actual needs of the whole community
•
•
Engage and empower all parts of the community
Strengthen what works well in a community on a daily basis
Slide 25: National Preparedness Goal
Core capabilities are essential for the execution of each of the five mission areas: Prevention,
Protection, Mitigation, Response, and Recovery. Each mission area includes the core capability
of Public Information and Warning: “Deliver coordinated, prompt, reliable, and actionable
information to the whole community through the use of clear, consistent, accessible, and
culturally and linguistically appropriate methods…”
Slide 26: National Disaster Recovery Framework (NDRF)
The NDRF provides guidance that enables effective recovery support to disaster-impacted States,
Tribes and local jurisdictions. It provides a flexible structure that enables disaster recovery
managers to operate in a unified and collaborative manner. It also focuses on how best to
restore, redevelop and revitalize the health, social, economic, natural and environmental
fabric of the community and build a more resilient Nation.
Slide 27: NDRF (continued)
The NDRF requires an effective, accessible public information effort so that all stakeholders
understand the scope and the realities of recovery. The NDRF provides guidance to assure that
recovery activities respect the civil rights and civil liberties of all populations and do not result in
discrimination on account of race, color, national origin (including limited English proficiency),
religion, sex, age or disability. Understanding legal obligations and sharing best practices when
planning and implementing recovery strategies to avoid excluding groups on these bases is
critical.
Slide 28: NDRF (continued)
Community Considerations Include:
•
•
•
Recognize that best practices are not to be confused with legal obligations to engage in
recovery activities that are fully inclusive of individuals with disabilities and other
individuals with access and functional needs. Relevant legal obligations are spelled out.
Ensure the integration of people with disabilities and other individuals with access and
functional needs into all aspects of emergency management rather than as a supplement or
annex to a plan.
Involve community, cultural and disability organizations, such as independent living
organizations, protection and advocacy agencies and disability agencies in recovery
planning efforts and all recovery committee types.
Slide 29: NDRF Community Considerations (continued)
•
•
•
Integrate disability and access and functional needs considerations into housing, economic
and workplace development, health care, child care, transportation and infrastructure
strategies.
Ensure that all print, electronic and face-to-face communications are accessible to people
with disabilities and other at-risk populations with access and functional needs.
Ensure that recovery measures and metrics take into account the recovery progress of
persons with disabilities and other individuals with access and functional needs.
Slide 30: Comprehensive Preparedness Guide 101, Version 2.0
CPG 101 provides guidance for developing emergency operations plans. It promotes a common
understanding of the fundamentals of risk-informed planning and decision making to help
planners examine a hazard or threat and produce integrated, coordinated, and synchronized
plans.
Slide 31: CPG 101 (continued)
Version 2.0 of CPG 101 expands on the fundamentals contained in the first version. With this
edition, greater emphasis is placed on representing and engaging the whole community—to
include those with access and functional needs, children, and those with household pets and
service animals.
Slide 32: CPG 101 (continued)
CPG 101 establishes:
•
The importance of knowing and engaging the whole community, including the disability
community.
•
Guidance for involving individuals with disabilities in all steps of the planning process.
•
Detailed questions for consideration to ensure that plans integrate the perspectives and
needs of individuals with disabilities.
Slide 33: Functional Needs Support Services (FNSS) Guidance
The intent of this planning guidance is to ensure that individuals are not turned away from
general population shelters and inappropriately placed in other environments (e.g., “special
needs” shelters, institutions, nursing homes, and hotels and motels disconnected from other
support services).
Slide 34: FNSS (continued)
Definition:
•
Functional Needs Support Services (FNSS) are defined as services that enable individuals
to maintain their independence in a general population shelter. FNSS includes:
•
•
•
•
•
reasonable modification to policies, practices, and procedures
durable medical equipment (DME)
consumable medical supplies (CMS)
personal assistance services (PAS)
other goods and services as needed
Slide 35: FNSS (continued)
Key concepts:
•
Children and adults with disabilities have the same right to services in general population
shelters as other residents.
•
This guidance is intended to be used in conjunction with general population shelter
Standard Operating Procedures (SOP) to ensure that all shelter residents benefit equally
from programs, services, and activities.
•
Emergency managers and shelter planners have the responsibility of planning to ensure that
sheltering services and facilities are accessible. The decisions made in the planning process
determine whether integration or segregation occurs during response.
Slide 36:
Section 4:
Implications
Slide 37: For Individuals with Disabilities
•
Rising expectations for emergency preparedness, response, and recovery
•
The temptation to relinquish personal responsibility
•
The cavalry will come, but later
•
Emergency services as the last resort
Slide 38: For Emergency Planning
•
It’s a disaster, but it’s still the law…
•
What laws apply to what parties
•
Resist the quick-fix approach
•
The shift to “access and functional needs”
•
Defining the “whole community”
Slide 39: For Emergency Management (photo: Woman using wheelchair and service dog,
wearing emergency equipment, participates in community emergency training exercise.)
For Emergency Management:
•
Direct involvement of the disability community
•
Integration into emergency operations
•
Participation in training and exercise
•
Looking to FEMA, DHS, and DOJ as resources
Slide 40:
For More Information
•
DOJ ADA Best Practices Toolkit: www.ada.gov/pcatoolkit/chap7emergencymgmt.htm
•
Accommodating Individuals with Disabilities in Disasters:
www.fema.gov/oer/reference/index.shtm
•
FEMA Office of Disability Integration and Coordination www.fema.gov/about/odic/
•
Interagency Coordinating Council on Emergency Preparedness and Individuals with
Disabilities www.dhs.gov/disabilitypreparedness
•
Federal Disability Portal www.disability.gov
Slide 41:
Speaker Contact Information
Brian S. Parsons, MPA, MUEP
Senior Policy Advisor
Office for Civil Rights and Civil Liberties
U.S. Department of Homeland Security
Office: 202-357-7787
E-mail: brian.parsons@dhs.gov
Slide 42: University of Delaware slide
The slides, in both PowerPoint and Word, as well as a video of this presentation will be available
soon at http://www.gohdwd.org/2011/09/eplaw_webinar/
Thank you for attending the webinar!