U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties

1. U.S. Department of Homeland SecurityOffice 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

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?

3. Two photos depicting 1. individuals impacted by disasters (left photo) and 2 individuals who are becoming an active part of the response (right photo)

4. Section 1: Key Trends

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

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

7. Section 2: Antidiscrimination Principles

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

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.

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.

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.

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.

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.

14. Antidiscrimination Principles • Physical Access - Emergency programs, services, and • activities must be provided at locations that 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.

15. Antidiscrimination Principles • 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. Woman using a wheelchair signs up for disaster assistance in Houston Astrodome. (Hurricane Katrina, 2005)

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.

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.

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

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

20. Section 3: The Emerging Landscape

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.

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.

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.

24. Whole Community (continued) • 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 Women using wheelchair provides testimony at Public Forum.

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…”

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.

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.

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.

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.

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.

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.

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.

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).

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

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.

36. Section 4: Implications

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

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”

39. For Emergency Management 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 Woman using wheelchair and service dog, wearing emergency equipment, participates in community emergency training exercise.

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

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