Recommendations to the Governor and Legislature

Background

The Governor's Committee collected more than 2,000 comments from people with disabilities, disability organizations, local mayor and county committees, service providers and businesses to formulate the following goals, needs, and recommendations. The Committee considered needs of Texans with a wide variety of disabilities including physical, mental and sensory disabilities.

Section 115.009 (3) of the Human Resource Code requires that the Governor's Committee shall: "before the end of each even-number year, submit to the Governor, and to the Legislature, a report that includes … (b) a long range state plan for persons with disabilities and recommendations to implement that plan and (c) any recommended changes in state laws relating to persons with disabilities".

For the 2006-2007 Biennium the Committee offers 25 Recommendations in eight issue areas of access, communication, education, health, housing, recreation, transportation, and workforce.

Access

Goal: Enhance participation of people with disabilities in Texas life through increased access.

Needs

Texans with disabilities experience difficulty participating in various aspects of Texas life due to inaccessibility of facilities and services. Facilities posing challenges include sports and performance arenas, hotels, churches, emergency shelters, streets without curb cuts, and improperly striped parking spaces. Many governments no longer have staff assigned to coordinate ADA compliance. As a result, Texans with disabilities increasingly face problems gaining admittance with service animals, receiving customer service, solving issues such as locked accessible entrances and voting in private.

Recommendations

1. Promote effective implementation of federal and state disability rights laws in governmental entities and businesses.
   
   Description: This includes ensuring physical accessibility of new commercial construction, renovation, as well as promoting program access in local and state governments. Implementation also covers areas such as employment, effective telephone communication and interaction with customers.
2. Revise state accessibility standards to achieve greater compatibility with new Federal ADA guidelines, local building codes and to achieve increased accessibility.
   
   Description: This includes reviewing the new Americans with Disabilities Act (ADA) Accessibility Guidelines and determining the best approach to increase physical accessibility in Texas once these federal guidelines are enforceable. The new federal guidelines include unique specifications for recreation facilities, jails, courtrooms, and more.
3. Explore innovative funding mechanisms for local governments to construct and maintain accessible streets, sidewalks, curb cuts, intersections, and other facilities.
   
   Description: This includes exploring dedication of certain fees to achieve increased accessibility in cities. This might include parking fees, generated by volunteer accessible parking enforcement programs, fees added to utility bills, or other innovative approaches. It also might include improving sidewalk access by clearing paths of vegetation.
4. Promote effective implementation of the Help America Vote Act in Texas.
   
   Description: This includes accessibility of polling places, purchase of accessible voting machines by counties, procedures to insure access, and outreach to and education of election officials and voters with disabilities.

Communication

Goal: Improve public awareness about people with disabilities.

Needs

Texans with disabilities report both a lack of understanding of disabilities, and a need for greater access to communications. Challenges include lack of access of communication systems such as emergency warnings, Internet sites, dedicated hardware or software, and new digital technologies. Some people with disabilities do not know how to use computers and are unaware of assistive technology to increase access. Insufficient supply of sign language interpreters creates communication barriers in legal, medical and educational settings.

Recommendations

1. Promote increased consistency between federal and state information and communication technology accessibility requirements.
   
   Description: This includes reviewing federal and state requirements and proposing methods to increase consistency. It also includes developing ongoing training and resources to equip state agencies, colleges, and universities with the tools to meet these standards. It also could include encouraging city and county websites to meet federal accessibility standards.
2. Encourage programs and services that provide adaptive equipment and/or interface with people with disabilities to explore ways to encourage the use of accessible off the shelf equipment by providing training and increasing program flexibility.
   
   Description: This includes providing increased education and training for people with disabilities about accessibility of off-the-shelf technology. It also includes training people to use computers and communications methods such as instant messaging to facilitate communication. Existing programs might begin offering accessible, mainstream devices instead of adaptive equipment to meet communication needs.
3. Promote accessibility of new and emerging technologies.
   
   Description: This includes ensuring that new technologies allow for full participation by people with disabilities. New over-the Internet phones, DVD players, digital TV's, movie projection systems and interactive voice systems can all facilitate use by people with disabilities by incorporating universal design. Flexibility of systems can increase participation by people with disabilities by allowing, for example, individuals to reach 9-1-1 via emails or instant messages - meaning that people who are deaf can use cell phones for emergency purposes. Interaction with product vendors could increase acceptance of universal design concepts.

Education

Goal: Maximize opportunities for people with disabilities to participate in education.

Needs

Students with disabilities report a lack of compliance with state and federal disability rights laws, insufficient number of qualified teachers and school personnel, and inadequate accommodations and instructional supports. Students in transition need increased involvement of workforce and vocational rehabilitation personnel, and information about scholarships and post secondary opportunities. In addition, students with disabilities need better access to online opportunities offered by schools and colleges as well as to computerized testing and instructional software.

Recommendations

1. Promote effective implementation of the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and provisions of the No Child Left Behind Act (NCLB), and state education laws that relate to students with disabilities.
   
   Description: This includes measures that focus on results as a basis for evaluating and improving special education, and increase effectiveness of the complaint and due process systems. It also covers strengthening transition planning by increasing involvement of vocational rehabilitation and workforce investment staff. It also includes strengthening special education services in the juvenile justice system to increase literacy.
2. Increase use of accessible technologies and accessible websites in schools, colleges, and universities.
   
   Description: This includes developing model information accessibility policies in schools and colleges and incorporating accessibility in the Long Range Technology Plans. Greater consistency between federal and state standards could be achieved by adopting the Federal Section 508 standards at the state level. Accessibility of textbooks and distance education as well as on-going training for Internet site accessibility are also included.
3. Promote effective training and education of school personnel regarding behavior management, transition, and disability awareness including different learning styles.
   
   Description: This includes increasing training opportunities and support for school personnel on potentials of students and adults with disabilities, and effective transition planning. It also covers behavior management training and creative ways to increase educational services to students with disabilities.

Health

Goal: Promote the independence and health of people with disabilities.

Needs

People with disabilities report difficulties knowing about and securing needed health services. Challenges include lack of financial support for medical services, equipment, insurance, and prescription drugs, inadequate options in long term care, mental health services, and disease management programs. People with disabilities also face long waiting periods to qualify for income assistance and medical support, and fear losing benefits upon returning to work.

Recommendations

1. Promote increased self-direction and choice in long-term care and other health services.
   
   Description: This includes ongoing efforts to maximize consumer choices and self direction in long-term care, including implementing a Medicaid buy-in program and continuing "money follows the person" services. In addition, it covers provision of effective disability related health care to people with disabilities in the judicial system. Support for independence of people with disabilities is also enhanced by the access to necessary prescription drugs.
2. Promote effective disease/disability management approaches that maximize the abilities of people with disabilities.
   
   Description: This includes encouraging the use of disease management approaches to positively impact people with mental or physical disabilities, as well as efforts to decrease obesity and diabetes. It also covers exploring ways to increase disability management approaches in the Texas Workers' Compensation system.
3. Encourage universal design of products and services so that people with disabilities and people who are aging can fully participate in life.
   
   Description: This focuses on incorporating accessibility features when initially developing products, services and facilities to maximize usefulness. Universally designed products can facilitate independence of people with disabilities. Items such as audio or large-print medication instructions, talking thermometers, jar openers and easy-to-open containers promote independence of Texans with disabilities.

Housing

Goal: Increase availability of integrated housing options for people with disabilities.

Needs

Texans with disabilities report difficulties finding and affording adequate accessible housing. Individuals seeking single-family homes report a lack of access and inadequate information about accessible properties, and lack of funding for access remodeling. Persons renting in multi-family settings report lack of accessibility, reluctance of landlords to allow architectural modifications, and lack of accessible parking. Persons with disabilities needing rent subsidies often face long waiting periods, and limited options in safe neighborhoods.

Recommendations

1. Promote accessibility in new single-family homes and identification of accessible features in existing single-family homes.
   
   Description: This includes working with the Texas Residential Construction Commission, the Texas Home Builders Association, Texas Real Estate Commission and others to promote basic access of newly constructed homes. It also covers a system for identifying accessible features in existing homes for sale.
2. Promote the availability of affordable accessible multifamily housing.
   
   Description: This includes encouraging apartment communities to register with the National Accessibility Clearinghouse and to learn about and advertise property accessibility. It also includes working with the Texas Apartment Association to inform owners about the current and future market for accessible housing.
3. Promote compliance with state and federal non-discrimination laws related to multi-family housing for persons with disabilities.
   
   Description: This includes working with Texas Department of Housing and Community Affairs and the Texas Workforce Commission, Civil Rights Division to effectively enforce existing housing laws. It also includes promoting understanding of accessibility obligations among architects, builders, and contractors.

Recreation

Goal: Increase availability of recreation for people with disabilities.

Needs

Texans with disabilities report challenges in participating in various types of recreation. Difficulties include lack of access, limited knowledge of how to facilitate participation by people with disabilities, lack of knowledge about adaptive equipment, and lack of accommodations at temporary events. Funding for recreation facilities and programs does not always require compliance with existing disability laws. Theaters, sports events, exercise facilities and trails are not always accessible to persons with disabilities.

Recommendations

1. Promote innovative funding mechanisms to increase recreation access for people with disabilities.
   
   Description: This includes developing measures that would allow cities and counties to improve or increase accessible recreation facilities and services. It also covers including accessibility requirements in government grants and contracts.
2. Promote increased availability of safe and accessible walking/biking paths to facilitate increased physical activity by people with disabilities.
   
   Description: This includes increasing awareness of the need for accessibility of hiking and biking trails, and creative approaches to achieve access. It also covers promoting inclusion of people with disabilities in programs that promote use of such hiking and biking trails.
3. Promote effective implementation of existing disability laws in state, city, and county recreation programs and events.
   
   Description: This includes ways to promote inclusion of disability accessibility information in the Texas State Travel Guide, Texas travel websites, and other Texas tourism publications. It also includes promoting incorporation of new Federal recreation access standards into state standards and local building codes.

Transportation

Goal: Promote the availability of transportation for people with disabilities.

Needs

Texans with disabilities indicate mobility challenges including inadequate public transportation, lack of accessible taxis, lack of available accessible parking spaces, difficulties in pedestrian access, and air travel challenges. Availability of accessible parking is limited due to lenient certification by some medical professionals, and the inability of law enforcement personnel to trace the owner of parking placards. Parking is also plagued by confusion about red and blue parking signage, and lack of enforcement of improper parking in accessible spaces. Pedestrian access is often challenging due to obstructions of sidewalks, traffic control design such as round-about, and lack of curb cuts and audible traffic signals. Access can also be limited by inaccessibility of automated parking meters, toll booths, and vending machines for transportation tickets.

Recommendations

1. Revise Texas accessible parking law to (1) simplify signage, (2) allow cities to assess parking fees at metered accessible spaces, (3) allow training to be authorized as a substitute for fines for first violations of these laws, and (4) create a mechanism to allow for identification of placard holders.
   
   Description: This includes modifying existing law to have only blue signage for all qualifying people with disabilities. It also would allow Texas cities to charge for parking at metered accessible spaces and for substituting training about accessible parking for initial fines. Amendments would also provide a mechanism to identify placard holders in order to increase enforcement of inappropriate use.
2. Promote increased availability and coordination of ample accessible and affordable public transportation services in Texas.
   
   Description: This includes promoting coordination between rural and metropolitan transit providers and flexibility in operations. It also includes ensuring that new transportation services are accessible including sidewalks and curb cuts to and from transportation terminals. Additionally it covers increasing the availability of public transportation services, including light rail and toll roads.
3. Promote education of medical professionals regarding effective identification of individuals who meet state requirements for accessible parking.
   
   Description: This includes working with state agencies, medical associations and physicians to ensure accurate evaluation of individuals seeking temporary or permanent accessible parking privileges.

Workforce

Goal: Promote and increase the employment of people with disabilities.

Needs

Texans with disabilities report difficulties securing and maintaining employment due to lack of employer awareness about abilities of people with disabilities, limited use of available tax incentives, lack of knowledge about accommodations, limited use of telework and inadequate services in workforce programs. Entrepreneurs with disabilities experience difficulties securing funding and training for running a small business. Veterans with disabilities need services that incorporate accommodations and disability-related information.

Recommendations

1. Promote effective return to work programs for people who have or acquire disabilities.
   
   Description: This includes the promotion of tax incentives and the Job Accommodation Network for hiring and accommodating workers with disabilities. It also includes efforts to utilize disability/disease management programs for injured workers.
2. Promote innovative approaches and increased incentives and employment enhancements to enable people with disabilities to gain and maintain employment.
   
   Description: This includes promoting the talents of Texans with disabilities in economic development efforts and implementing innovative incentives like Medicaid Buy-in and Ticket-to-Work programs and using internships, telecommuting, and entrepreneurship as options for workers with disabilities. In addition, it includes promoting replication of "best practices" in hiring and accommodating employees with disabilities by Texas employers, and collaborating with the Texas Workforce Commission's Civil Rights Division to enhance enforcement of employment protections for people with disabilities.
3. Promote effectiveness of workforce boards/one-stop-centers in serving people with disabilities and veterans with disabilities.
   
   Description: This includes enhancing services to people with disabilities in workforce centers and promoting successful participation in Temporary Assistance for Needy Families (TANF) workforce programs by people with disabilities. It also includes strategies to improve workplace literacy of people with disabilities and efforts targeting employment of students and veterans with disabilities.