Americans with Disabilities Act Status Update

What All Camp Directors Need to Know

Presented byJennifer K. Skulski

National Center on Accessibilitywww.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

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Americans with Disabilities Act

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Prohibits discrimination on the basis of disability

against qualified individuals with disabilities.

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.

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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/draft-final.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.orgaudio conferences, webinars hosted by the regional ADA Centers

Resources• National Center on

Accessibility– www.ncaonline.org– (812) 856-4422 voice– (812) 856-4421 tty

• U.S. Department of Justice– www.ada.gov– (800) 514-0301

• Equal Employment Opportunity Commission

– www.eeoc.gov– (800) 669-4000

• U.S. Access Board– www.access-board.gov– (800) 872-2253

• Regional ADA Centers– www.adata.org– (800) 949-4232

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