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WIA Section 188 Disability Checklist Training. Elements 5.6 and 5.7 – Programmatic and Architectural Accessibility. We’ll be talking about:. The difference between “ accessibility ” and “ reasonable accommodation ” The “ hierarchy of obligations ” related to accessibility

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Wia section 188 disability checklist training

WIA Section 188 Disability Checklist Training

Elements 5.6 and 5.7 –

Programmatic and Architectural Accessibility


We ll be talking about
We’ll be talking about:

  • The difference between “accessibility” and “reasonable accommodation”

  • The “hierarchy of obligations” related to accessibility

  • The standards for architectural accessibility that apply under WIA Section 188 and the regulations

  • The difference between “architectural accessibility” and “program accessibility”


Accessibility vs reasonable accommodation modification
Accessibility vs. reasonable accommodation/modification

  • Providing accessibility: taking generalized action in advance (so you’ll be ready for people with disabilities)

    • Not tied to a particular person with a disability

  • Providing reasonable accommodation/ modification: taking individualized action when a particular person with a disability seeks aid, benefits, services, training, or employment


What legal standards apply
What legal standards apply?

  • 29 CFR 37.3(b) – incorporates standards from DOL’s Section 504 regs (29 CFR part 32, Subparts B and C and Appendix A)

  • 29 CFR part 32, Subpart C – deals with accessibility

  • This presentation does NOT deal with ADA standards – or State standards


Lack of access is no excuse
Lack of access is no excuse

  • 29 CFR 32.26 says you can’t:

    • Exclude a person with a disability, or

    • Give different benefits to a person with a disability, or

    • Otherwise discriminate against a person with a disability . . .

      . . . because a program or activity is inaccessible


What accessibility standards must you meet
What accessibility standards must you meet?

  • It depends!

    • How old is the facility? (When was it built?)

    • Has the facility been, or will it be, altered or renovated for you to use?

    • If so, when was it/will it be altered or renovated? (What date?)

    • When did you first receive Federal financial assistance?


The hierarchy of obligations
The “hierarchy of obligations”

  • New construction

  • Alteration or renovation

    • Done by you, on your behalf, or for your use?

    • Before or after you received Federal financial assistance?

  • “Existing facilities”


New construction
New construction

Facility must fully meet

legal standards for

architectural accessibility

[required by 29 CFR 32.28(a)]


Alteration or renovation
Alteration or renovation

  • Was it done:

    • by you?

    • on your behalf?

    • for your use?

  • If no, use existing facilities rules


Alteration or renovation con t
Alteration or renovation (con’t)

  • If yes, when was it/will it be done?

    • Before you received Federal financial assistance: use existing facilitiesrules

    • After you received Federal financial assistance: altered/renovated part must comply with architectural accessibility standards

  • 29 CFR 32.28(b)


Existing facilities
Existing facilities

  • Not new construction

  • Either:

    • Not altered or renovated by you, on your behalf, or for your use; or

    • Altered or renovated before you first received Federal financial assistance

  • Must meet program accessibility requirements


Federal standards for architectural accessibility
Federal standards for architectural accessibility

  • Two different sets of Federal standards exist

    • Uniform Federal Accessibility Standards (UFAS) – 41 CFR 101-19.6

    • Americans with Disabilities Act Accessibility Guidelines (ADAAG)


Which standards should you use
Which standardsshould you use?

  • DOL’s Section 504 regs say UFAS

  • But . . . regs also allow “alternative standards” to be used if they will allow “equivalent or greater access”

  • So . . .you may use either UFAS or ADAAG


New standards to come
New standards to come?

  • The Access Board is updating both UFAS and ADAAG to make them more consistent

  • Once approved, standards will be published in final form (until then, old standards apply)

  • For more info, see www.access-board.gov/ada-aba/status.htm


What is program accessibility
What is program accessibility?

  • What it does mean:

    • Your program or activity must be accessible when viewed in its entirety

    • Every aspect of your program or activity must be accessible

      • Examples: intake, assessment, training courses


Program accessibility con t
Program accessibility (con’t)

  • What it does not mean:

    • Making each of your existing facilities accessible

    • Making every part of your facility accessible

    • Making structural changes where other ways of providing access are possible


Examples of changes for program accessibility
Examples of changes for program accessibility

  • Redesigning equipment

  • Moving classes or other services to accessible locations

  • Assigning aides to participants/ beneficiaries


Program accessibility two key points
Program accessibility: two key points

  • You must provide programs and activities in most integrated setting possible for people with disabilities

  • You may be required to alter or renovate your facilities if there is no other possible way of providing program accessibility



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