Slide 1:
ADA Audio Conference Series
June 18, 2013
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform. Audio Connection is available through the webinar platform/telephone/Mobile App.

Slide 2:
Listening to the Session
The audio for today’s webinar is being broadcast through your computer or via telephone for those that registered for that option.  If using your computer, please make sure your speakers are turned on or your headphones are plugged in.
You can control the audio broadcast via the Audio & Video panel. You can adjust the sound by “sliding” the sound bar left or right.
If you are having sound quality problems check your audio controls by going through the Audio Wizard which is accessed by selecting the microphone icon on the Audio & Video panel 

Slide 3:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
Individuals may listen** to the session using the Blackboard Collaborate Mobile App (Available Free from the Apple Store, Google Play or Amazon)

Slide 4:  
Captioning
Real-time captioning is provided during this session via the webinar platform.
The caption screen can be accessed by choosing the cc icon in the Audio & Video panel.
Once selected you will have the option to resize the captioning window, change the font size and save the transcript.

Slide 5:
Submitting Questions
You may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area.  You will not be able to see the question after you submit it but it will be viewable by the presenters.

If you are connected via a mobile device you may submit questions in the chat area within                                                                                  the App                                                                                                       

If you are listening by phone you will be instructed by the Operator on how to ask a question.

Questions may also be emailed to webinars@ada-audio.org

Please note: This webinar is being recorded and can be accessed on the ADA Audio Conference Series website at www.ada-audio.org within 24 hours after the conclusion of the session.   The edited written transcript will be posted at this same site within 7 business days following the conclusion of the session.

Slide 6:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard.   The default is “fit page”

Slide 7:
Customize Your View continued
Resize/Reposition the Chat, Participant and Audio & Video panels by “detaching” and using your mouse to reposition or “stretch/shrink”.  Each panel may be detached using the icon in the upper right corner of each panel.

Slide 8:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or By Email webinars@ada-audio.org ; or 
Call 877-232-1990 (V/TTY) 

Slide 9:
Service Animals and Assistance Animals in Post Secondary Education Settings
Presenters:
Sally Conway, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S. Department of Justice 
Kathleen Wolfe, Special Litigation Counsel, Civil Rights Division, U.S. Department of Justice
Ramin Taheri, Staff Attorney, Program Legal Group, Office for Civil Right, U.S. Department of Education
Jeannie Worden, Associate General Counsel for Fair Housing, Office of General Counsel, U.S. Department of Housing and Urban Development
Cheryl Kent, Special Advisor for Disability Policy, HUD/FHEO, U.S. Department of Housing and Urban Development

Slide 10:
Service Animals
U.S. Department of Justice
Sally Conway, Deputy Chief, Disability Rights Section
Kathleen Wolfe, Special Litigation Counsel, Civil Rights Division
 
Slide 11:
Service Animals
Codifies a variety of the Department’s longstanding policies and interpretations regarding service animals.
The Department’s rules do not affect coverage of other animals under other laws, like the Fair Housing Act or Air Carrier Access Act.

Slide 12:
Definition of Service Animal
“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability… The work or tasks performed by a service animal must be directly related to the individual's disability…” 

Slide 13:
Miniature Horses
Miniature Horses range in weight from 70 to 100 pounds.
Miniature horses can range in height from 24 to 34 inches.

Slide 14: 
Assessment Factors 
The type, size, and weight of the horse and whether the facility can accommodate those features.
Handler has sufficient control of the horse.
Horse must be housebroken.
Whether the horse’s presence in a specific facility compromises legitimate safety requirements.

Slide 15:
Resources
Regulations, appendices, standards are available at DOJ’s ADA web site at www.ada.gov. 
For answers to specific questions, DOJ toll-free confidential ADA information line: 
		800-514-0301 (Voice) 			                 
		800-514-0383 (TTY) 
ADA National Network of Centers:
 		800-949-4232 (Voice/TTY)
		www.adata.org

Slide 16:
Service Animals
U.S. Department of Education
Ramin Taheri , Staff Attorney-Program Legal Group, Office for Civil Rights

Slide 17:
Disability Laws Enforced by OCR
Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990

Slide 18:
General Provisions of Section 504 and Title II 
Section 504 applies to recipients of federal financial assistance.

Slide 19:
Title II of the ADA applies to public entities, including public colleges and universities.
Both laws provide that a qualified individual with a disability may not, on the basis of disability, be: 
Excluded from participation
Denied the benefits 
Otherwise subjected to discrimination

Slide 20:	 
Basic Section 504 Principles
Postsecondary institutions may not discriminate on the basis of disability.
Postsecondary institutions must modify their academic requirements to ensure that they do not discriminate on the basis of disability.
Postsecondary institutions must ensure that students with disabilities are not discriminated against due to absence of auxiliary aids for students with impaired sensory, manual, or speaking skills.

Slide 21:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

Slide 22:
Fair Housing Act
Access for Individuals Who Use Assistance Animals
U.S.  Department of Housing and Urban Development 
Jeanine Worden Associate General Counsel for Fair Housing, Office of General Counsel- HUD
Cheryl Kent Special Advisor for Disability Policy, HUD/FHEO
Slide 23:
Fair Housing Act Application
The Fair Housing Act applies to virtually all housing, regardless of whether the housing is linked to federal funding.  
Covered housing includes college and university housing, including dormitories, and faculty housing.  	
Recent court decision holding that university student housing is covered by the Fair Housing Act. U.S. v. Univ. of Nebraska at Kearney, 2013 U.S. Dist. Lexis 56009 (D. Neb. April 19, 2013) 

Slide 24:
Obligation to Make 
Reasonable Accommodations
The Fair Housing Act requires housing providers to make reasonable accommodations for individuals with disabilities who use assistance animals.  
Reasonable accommodations must be made for individuals with disabilities who are:
Applicants, tenants, or residents
Their family members  
Other persons associated with residents, tenants and applicants.

Slide 25:
Assistance Animals
Provide support, assistance or service
Include emotional support or therapy animals
Not just dogs – examples:  cat, bird, guinea pig, miniature horse, capuchin monkey, etc. 
May be trained or untrained

Slide 26:
Assistance Animal Must be Permitted If…
Individual has disability, as defined in Fair Housing Act, AND
There is a relationship between disability and assistance provided by the animal

Slide 27:
Applying the principles …
Oral request is enough -- written application may not be required
Process should be easy and quick
Verification of disability can be provided by a doctor or other medical professional, a peer support group, a non-medical service agency, a reliable third-party in a position to know about the disability, or the individual himself (proof of receipt of SSI or a credible statement)
No fee, deposit, insurance, hold harmless agreement, extra inspections, “pet rules,” veterinary certificates, or special conditions

Slide 28:
Conditions May Not be Imposed
INDIVIDUAL’S RESPONSIBILITY
Individual is responsible for maintaining and controlling animal. 
MAY NOT IMPOSE
Access cannot be denied to housing and indoor and outdoor public and common use areas associated with housing
No breed, weight or size limitations

Slide 29:
Bases for Denial or Exclusion
Specific animal poses a direct threat (individualized assessment based on recent credible, objective evidence relating to specific animal’s actual conduct – not speculation about type or breed of animal).
Undue Financial and Administrative Burden (very high standard to meet – generally not applicable)
Fundamental Alteration (very high standard – typically not applicable)

Slide 30:
When Both the ADA and 
the Fair Housing Act apply …
In housing associated with post-secondary education, the ADA and Fair Housing Act typically both apply.  
HUD recommends applying the ADA first.  If an animal is a service animal under the ADA definition, a separate Fair Housing Act analysis is unnecessary for purposes of granting a reasonable accommodation under the Fair Housing Act.  
Doing the Fair Housing Act analysis first could result in taking actions not permitted by the ADA.
If the animal is not a service animal or a miniature horse covered by the ADA, you must then determine if a reasonable accommodation is required for an assistance animal under the Fair Housing Act. 

Slide 31:
More Information
U.S. Department of Housing and Urban Development:  Service Animals and Assistance Animals for People with Disabilities in Housing and HUD Programs, http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf 

U.S. Department of Housing and Urban Development and U.S. Department of Justice:  Joint Statement on Reasonable Accommodations under the Fair Housing Act, www.hud.gov/offices/fheo/library/huddojstatement.pdf

You may file a fair housing complaint with HUD on its Fair Housing and Equal Opportunity website. http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/online-complaint

Slide 32:
Thank you for participating in today’s ADA-Audio Conference Session
The next scheduled session is:
ADA Anniversary Update:  23 Years Later
July 16, 2013
Register at:  www.ada-audio.org or call 877-232-1990 V/TTY