Disability and Communication Access Board
July 1, 2006 – June 30, 2007
Linda Lingle, Governor, State of Hawaii
Chiyome Leinaala Fukino, M.D., Director of Health
Francine Wai, Executive Director
Disability and Communication Access Board (DCAB)
919 Ala Moana Boulevard, Room 101, Honolulu, HI 96814
Phone: (808) 586-8121 (v/tty) Fax: (808) 586-8129
The Disability and Communication Access Board (DCAB) is a Governor-appointed, statewide, 17-member Board whose mission is to advocate and promote the full integration of independence, equal access, and quality of life for persons with disabilities in society. This Report highlights key accomplishments for the year July 1, 2006 – June 30, 2007.
Patricia Nielsen, Chairperson
Charles Fleming, Vice Chairperson
Anthony Akamine Mark Giblin Lucy Miller
Dean Aoki Brian Kajiyama Glenn Morgan
Ronald Awa Francine Aona Kenyon Mark Obatake
Sharon Fountain Marie Kimmey Norman Olesen
Dean Georgiev William Koki, II Christina Pilkington
Francine Wai, Executive Director
Debbra Jackson, Planner
Kirby Shaw, Coordinator Program and Policy Development Unit – to 8/2006
Charlotte Townsend, Coordinator Program and Policy Development Unit – from 8/2006
Peter Harrer, Program Specialist
Judy Paik, Program Specialist
Kristine Pagano, Communication Access Specialist
Leonard Lau, Program/IT Specialist
Curtis Motoyama, Facility Access Coordinator
Gary Batcheller, Facility Access Specialist
Duane Buote, Facility Access Specialist
Mona Higa, Facility Access Specialist
David Poe, Facility Access Specialist
Laurie Palenske, Facility Access Support Specialist
Susan Rocco, SPIN Coordinator
Jan Tateishi, SPIN Program Specialist
Cindy Omura, Secretary/Researcher
Heather Cottrell, Communication Access Technician
Rene Clymer, Clerk Typist/Researcher
James Letoto and Rose Taylor, Office Assistants
CIVIL RIGHTS, JUSTICE, AND CITIZENSHIP
State and County Americans with Disabilities Act (ADA) Coordination
Governor Lingle, per Administrative Directive 06-02, reaffirmed the State of Hawaii’s commitment to compliance with the ADA and mandated a coordinating role for DCAB. DCAB coordinated and staffed quarterly meetings of both the State ADA Coordinators and the four (4) County ADA Coordinators for information dissemination and sharing. DCAB also launched a State ADA web site with a link from the DCAB web site. Technical assistance was provided to the coordinators in response to complaints against State or county agencies under the ADA.
ADA Title II and III Trainings
As part of an ongoing commitment to provide training on customer service, DCAB conducted six (6) trainings on Title II or III of the ADA for covered entities and businesses, four (4) trainings for consumers, and hosted twelve (12) teleconference training sessions for State ADA Coordinators. DCAB’s ADA training and technical assistance is supported, in part, through a collaborative Memorandum of Agreement and contract with the federally-funded Pacific ADA Center.
Criminal Justice Training
With a small grant under the Victims of Crime Act (VOCA) DCAB completed four (4) seminars on the Neighbor Islands, in cooperation with the U.S. Attorney’s Office and the Hawaii Disability Rights Center, to law enforcement and victim service agencies to enable them to better serve people with disabilities. In addition, DCAB developed a stand-alone training program for police officers on disability awareness, using training videos from the U.S. Department of Justice, and piloted the training for Maui County police department recruits.
In cooperation with the State Office of Elections (OE), DCAB completed Year 3 of the Help America Vote Act, Election Assistance for Individuals with Disabilities (HAVA-EAID) grant to ensure equal access in the 2006 elections. The project staff conducted or coordinated training for 2,202 individuals, developed a public service announcement on voting, developed an auxiliary aids kit with communication access cards for all voting sites, completed a training video for surveying polling sites, and ordered ‘help buttons’ and other site equipment for polling sites to ensure equal access to the facility and the voting process. In preparation for the 2008 elections, the project staff will transition from DCAB to OE to blend disability access into the routine procedures of OE.
§103-50 Hawaii Revised Statutes (HRS) requires that all buildings, facilities, and sites of the State and counties, including those utilizing state and county monies, be constructed to meet the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and any other guidelines adopted by DCAB. In FY 2006-2007, DCAB conducted 1,045 document reviews and rendered four (4) interpretive opinions on design guidelines applicable to §103-50 HRS projects.
Master Plan Reviews
Recognizing the need to incorporate accessibility at the earliest stages of planning and conceptual design, DCAB conducted six (6) reviews of urban or project master plans or draft environmental impact statements and provided technical comment.
As a member of the Department of Health’s Safety and Healthy Community Environments Committee, DCAB promotes accessible design in public rights-of-way to emphasize pedestrian safety including persons with disabilities. DCAB also supported legislation in the 2007 session to improve pedestrian safety for persons with disabilities.
Emergency Shelter Access
DCAB completed an analysis cross-referencing State barrier removal projects with the locations of emergency shelters to assist State Civil Defense in the upgrading and expansion of shelter locations.
Training and Technical Assistance
DCAB conducted eleven (11) workshops or training sessions for the architectural and engineering community on accessible and exemplary design, developed two (2) “Access Bulletins” to disseminate information on facility access, and responded to approximately 1,000 requests by fax from design professionals for assistance on accessible design guidelines.
DCAB conducted analyses and provided technical assistance and testimony on the following design codes to include accessibility comparable to ADAAG: the International Building Code (IBC) 2006, International Residential Building (IRC) Code, and the Hawaii County Building Code. In addition, DCAB supported the successful passage of legislation to establish a state building commission and code.
Hawaii Quality Assurance System
DCAB administers the Hawaii Quality Assurance System (HQAS) test that provides for the credentialing of sign language interpreters who do not possess nor seek national certification. In addition to the standard test administered in other states, DCAB developed a local test with an added credential (+H) to verify local language proficiency. DCAB trained twelve (12) new evaluators on the new test and administered seven (7) tests to applicants.
Hawaii Administrative Rules 11-218
Hawaii Administrative Rules Title 11, Chapter 218, “Communication Access Services for Persons who are Deaf, Hard of Hearing, and Deaf-Blind,” promulgated by DCAB were amended in FY 2006-2007, pursuant to public hearing, to reflect a new recommended fee schedule for sign language interpreters and other communication access providers. DCAB also contracted for a consultant analysis of the new National Interpreting Credential (NIC) to determine parity of the new credential with credentials or certificates reflected in the existing rules. DCAB will review the report and take appropriate action to again amend its rules to include the new credential in FY 2007-2008.
DCAB served on the Judiciary’s Committee on Court Interpreters to finalize rules issued by the Chief Justice to govern the utilization of interpreters (spoken and sign language) in the Judiciary, including payment of fees, ethics, and qualifications. DCAB actively supported legislation to provide a statutory basis for the rules and obtain funding, although the legislative effort was not successful.
Communication Access Training
DCAB conducted six (6) trainings on communication access and the use of a TTY or the relay service to promote deaf awareness and full communication access to programs and services.
Interpreter Referral Services
The sudden closure of the only interpreter referral service in the State in February 2007 prompted DCAB to take immediate action to assist the Vocational Rehabilitation and Services for the Blind Division, Department of Human Services, to secure additional funding, develop a new contract, and select a new vendor effective July 1, 2007. In particular, DCAB actively supported legislation to increase monies for the service. DCAB also coordinated briefings with State and County ADA Coordinators and programs on the new web-based interpreter referral service.
EDUCATION AND TRAINING
The goals and objectives of DCAB in the area of education and training are executed by the Special Parent Information Network (SPIN) under a Memorandum of Agreement with the State Department of Education (DOE). FY 2006-2007 marked the 22nd year of DCAB’s collaboration with the DOE to fund SPIN.
SPIN ‘Warm Line’
The SPIN ‘warm line’ provides information to parents on the programs and services available for their children, as well as support on how to parent a child with special needs. In FY 2006-2007, SPIN provided assistance on 1,186 warm line phone calls.
Parent and Professional Training
In an ongoing effort to provide information to parents and professionals, SPIN sponsored its annual conference “SPIN’s Home and Garden” on April 21, 2007 with 334 participants in attendance and also conducted six (6) additional individualized presentations to parents or professionals on subjects ranging from legal rights to emotional support.
SPIN Newsletter and Web Site
SPIN offered information to parents beyond workshops and the ‘warm line’ through the provision of four (4) regular and one (1) special edition of the SPIN newsletter and the maintenance of a SPIN web site that is also linked to the DCAB web site. The special edition of the newsletter is given to all families with a child with an Individualized Education Program through the DOE school system.
Parent Guide to Special Education
SPIN updated and reprinted “A Parents Guide to Partnership in Special Education” to educate parents of their rights under federal and state laws governing the education of their child with special needs.
Individuals with Disabilities Education Act (IDEA) Implementation
With the passage of revisions to IDEA, SPIN collaborated with and provided staff support to the Special Education Advisory Council (SEAC) to review the Department of Education’s Annual Performance Report, budget, Chapter 56 revisions, and due process hearing decisions. SPIN also provided input on DOE policies and procedures relating to provision of related services, pre-school transition, data management (eCSSS), charter school oversight, and post-secondary outcomes.
QUEST and QUESTEx Implementation
As a member of the QUEST Advisory Committee, DCAB provided technical assistance to the Department of Human Services as it began implementation of a managed care system to ensure that persons with disabilities do not lose quality of care in the transition. DCAB reviewed the Med-QUEST RFPs and provided testimony, as appropriate, on several aspects of the fee-for-service medical assistance program to meet the needs of persons with disabilities.
DCAB served on the Olmstead Interagency Implementation Task Force to ensure the goals of the State’s Olmstead Plan are being accomplished. Efforts in FY 2006-2007 focused on developing materials to educate State agencies on the Olmstead Plan.
Increased Funding for Community-Based Services
DCAB researched and or supported legislation to increase funding for apartment and domiciliary homes for adults with developmental disabilities; a self-advocacy network for persons with developmental disabilities; the personal allowance for individuals in community care homes and long term care facilities; Medicaid and QUEST reimbursement rates for mental health services and services to persons with brain injury. DCAB also supported legislation to seek an inventory of community-based residential facilities, legislation relating to psychologists prescribing medication, and legislation relating to tax benefits for caregivers.
Emergency Preparedness Planning and Initiatives
Ensuring that people with disabilities and special health needs are not excluded from emergency preparedness, sheltering, and evacuation activities has been a focus since the onset of Hurricanes Katrina and Rita. DCAB staffed an Interagency Working Group to prepare the “2007 Interagency Action Plan for the Emergency Preparedness of People with Disabilities and Special Health Needs” and conducted nine (9) presentations on the Plan in the community. DCAB also provided technical assistance to State Civil Defense in the preparation of two (2) Homeland Security grant applications to include an investment in special needs and hub shelters. In addition, DCAB supported legislative initiatives to increase emergency preparedness and sheltering in the State. DCAB created a new link on its web site focusing on emergency preparedness for people with disabilities and provided both state and national resources and plans on the web site.
DCAB assisted the American Red Cross with two (2) emergency evacuation shelter simulations to involve persons with disabilities and assisted the Department of Health to carve out a project to conduct emergency preparedness outreach to long term care facilities licensed by the State of Hawaii.
Issuance of Parking Placards to Qualified Persons with Disabilities
DCAB is responsible, under §291, Part III, Hawaii Revised Statutes, to administer the statewide parking program for persons with disabilities. Through written agreements with the four (4) counties to issue the placards on behalf of the State of Hawaii, 30,423 placards were issued to qualified persons with mobility impairments in FY 2006-2007. The issuance of placards by county was as follows: City and County of Honolulu 20,897 placards (69%), County of Hawaii 4,611 placards (15%), County of Maui 3,023 placards (10%), and County of Kauai 1,892 placards (6%). Of the placards issued, 25,414 placards (84%) were blue 4-year placards and 5,009 placards (16%) were temporary, red placards of 6 months or less duration. A total of 67,075 individuals held active placards as of June 2007. In an effort to ensure quality control and retrieve invalid placards from circulation, DCAB retrieved 395 placards from the estates of deceased placard holders (54% return rate from letters mailed) and 8,541 expired placards upon renewal of an expired placard.
To support the efforts of the counties in issuing the placards, DCAB obtained legislation and funding to reimburse the counties at $12 per placard issued and participated in a study by the Legislative Auditor to validate DCAB’s cost reimbursement. DCAB procured and provided the counties with materials to issue the placards to consumers and continued to maintain the State database of permittees.
Public Education and Outreach
Proper issuance of placards to persons with disabilities and use of the accessible parking spaces is an ongoing concern of DCAB. To increase public awareness of the correct use of the stalls DCAB developed three (3) public service announcements and obtained airing on local television stations. In addition, ten (10) speaking engagements to civic clubs, businesses, organizations, schools, and drivers education instructors were conducted to emphasize the correct use of the placard, the accessible parking stall and access aisle.
Design of Accessible Parking Spaces
For many people with accessible parking placards, finding stalls that are correctly designed can be difficult. Upon notification by the public of a problem with a parking stall that may be incorrectly designed or signed, DCAB continued to work on an individual basis with parking control agencies and businesses with parking lots to obtain voluntary compliance to correct design deficiencies.
TRANSPORTATION AND TRAVEL
Accessible Ground Transportation
DCAB’s efforts to promote accessible ground transportation focused on Oahu with the most developed public transit system. DCAB served on the City and County Department of Transportation Services’ Advisory Committee for Accessible Transportation to provide technical assistance and also on their Paratransit Services Appeals Panel to review application denials. In addition, DCAB staff served on the State of Hawaii, Department of Transportation’s (DOT) Review Committee to award Section 5310 grants to non-profit organizations to purchase vehicles to transport persons with disabilities or who are elderly.
Non-discriminatory Drivers Licensing Procedures
DCAB served on the State Department of Transportation’s Task Force to develop new administrative rules and procedures for the medical and physical eligibility of persons to obtain a motor vehicle drivers license. The Task Force developed and implemented a new statewide standard application form. The Task Force completed a draft of a new subchapter of administrative rules and a procedures manual to proceed to public hearing in FY 2007-2008.
Accessible Air Travel
DCAB updated and printed the “Hawaii Traveler Tips” guide for each county to assist travelers with disabilities or health conditions by providing information about the accessibility of our airports, transportation system, and availability of services. DCAB coordinated with the State Department of Transportation (DOT) Airports Division to print and have guides available at all airports. Distribution also included major hotels and cruise lines. DCAB created a new link on its web site for travel and included not only our “Travelers Tips” publications, but also information about quarantine and FAA travel procedures. DCAB also continued to work with the Airports Division to ensure access to the new Wiki Wiki Bus System and airport visual display notification systems.
Accessible Water Transportation Systems
FY 2006-2007 marked the issuance of two (2) new proposed rules at the federal level relating to access to large passenger vessels. DCAB submitted extensive comments to the U.S. Department of Transportation on their proposed rules relating to non-discriminatory service to passengers with disabilities and conducted one workshop on the proposed rules for a large passenger vessel operating in Hawaii. DCAB also reviewed the proposed guidelines of the U.S. Access Board for the construction of new large passenger vessels, but did not submit comments. DCAB initiated dialogue with the State Department of Transportation (DOT) to ensure that facility and program access are provided with the new interisland Superferry ALAKAI.
Employment Plans and Policies
Although DCAB does not provide job placement for individuals with disabilities, DCAB works to ensure that policies, procedures and legislation, particularly of State and county government, enhance opportunities for the employment of people with disabilities. DCAB provided technical assistance in the drafting of policies for determining driving as a minimum qualification for jobs and for parking as a reasonable accommodation at various levels of State and county government. DCAB also commented on the rules of the First-to-Work Program of the State Department of Labor and Industrial Relations and supported legislation relating to multiple chemical sensitivities in the workplace, workplace flexibility, and for workers compensation claims.
Employment Discrimination Training
DCAB staff developed and provided two (2) trainings on advanced ADA Title I issues relating to employment of people with disabilities, focusing on reasonable accommodation requests. The training will be continued and expanded in FY 2007-2008 with the Pacific ADA Center.
Resolving State Reasonable Accommodation Requests
DCAB has provided technical assistance as a mediator/broker/advisor to State agencies that receive reasonable accommodation requests from employees. Thirteen (13) complex cases were handled in FY 2006-2007, all focusing on current employees wishing to stay on the job due to the onset or progression of a disability. Requests for a reserved parking stall, private offices, assistive technology, use of service animals, and use of a job coach were among the more common and complex issues handled.
OTHER PROGRAM AREAS
A general goal of DCAB is to provide information to the community on services, programs, and activities affecting people with disabilities through various means:
Information and Referral
DCAB responded to 2,904 requests from the public for information on programs, services, and laws affecting people with disabilities as part of its role as (excluding the SPIN ‘warm line’ calls and the design inquiries by fax) a clearinghouse for information.
DCAB Web Site
The growing use of the internet to obtain information prompted DCAB to re-design its web site for increased usability with expanded sections on accessible design, ADA coordination, communication access, parking, community resources, emergency preparedness, parent information, statistics, visitor information, voting, and key federal and national web sites with disability-related information.
DCAB continued publication and distribution (printed copy and on the DCAB web site) of its quarterly newsletter, “Hailono Kina”.
County Mayors’ Committees
All counties except for the City and County of Honolulu have a functioning Mayor’s Committee (Kauai Mayor’s Advisory Committee for Equal Access, Maui Commission on Persons with Disabilities, Big Island Mayor’s Committee on Persons with Disabilities) to advise their respective Mayors on the needs of persons with disabilities, particular to access county-operated programs, services, and facilities. DCAB continues to provide monthly reports to the neighbor island committees on DCAB-related and disability-related issues in the absence of a DCAB office or staff on the neighbor islands.
NON-DISCRIMINATION STATEMENT: We provide access to our activities without regard to race, color, national origin (including language), age, sex, religion, or disability. If you have a concern, write or call the Disability and Communication Access Board or the Department of Health Affirmative Action Officer at P.O. Box 3378, Honolulu, HI 96801-3378, or call 586-4616 (v/tty) within 180 days of a problem.