Here's quite a long list of proposed resolutions from the NFB convention.
Carl Jarvis
*******
National Federation of the Blind Resolutions for Consideration at the
2015 National Convention
Resolution 2015-01
Regarding Proposed Department of Justice Regulations on Access to the Internet
WHEREAS, today access to the internet is critical for successful
participation in education, employment, and other pursuitsand in
recognition of this
reality the United States Department of Justice issued an advanced
Notice of Proposed Rulemaking on July 26, 2010, proposing to issue
regulations applying
the Americans with Disabilities Act to public accommodations that have
a presence on the internet; and
WHEREAS, the Department of Justice took no further action on this
rulemaking and later announced that a proposed rule would not be
issued until March of
2015; and
WHEREAS, in June of 2015 no further action had taken place and the
Department of Justice announced that the rulemaking will be further
delayed until sometime
after July of 2016, more than six years after the notice was first
published: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization declare that the Obama administration’s failure to issue
this critical rulemaking is inexcusable; and
BE IT FURTHER RESOLVED that the National Federation of the Blind
demand that the Department of Justice immediately issue a robust
regulation ensuring blind
Americans’ full and equal access to the products and services of all
public accommodations as defined by the ADA that are made available
using the internet.
Resolution 2015-02
Regarding the Ratification of the Marrakesh Treaty to Facilitate
Access to Published Works for Persons Who Are Blind, Visually
Impaired, or Otherwise Print
Disabled
WHEREAS, in June 2013 the World Intellectual Property Organization
(WIPO) convened a diplomatic conference in Marrakesh, Morocco, in
order to deliberate
on a treaty to address the "book famine" plaguing over three hundred
million blind, low-vision, and print-disabled people across the globe,
who are denied
access to more than 95 percent of published works; and
WHEREAS, this grossly limited access to books is partly the result of
a fragmented landscape of copyright laws, where one-third of the
world’s nations
have copyright exceptions to allow for the copying and distributing of
books in accessible formats for the blindlike the Chaffee Amendment
and Fair Use
provision of the US Copyright Act, provisions which were adopted after
significant advocacy by the National Federation of the Blind while
two-thirds of
the world’s nations have no such exceptions; and
WHEREAS, this chaotic landscape has further exacerbated the lack of
access to books by limiting cross-border exchanges between nations
that have exceptions
and those that do not, making possession of an accessible format copy
illegal in the latter nations and also by limiting exchanges between
nations that
have exceptions because the laws are not consistent; and
WHEREAS, the document adopted on June 27, 2013, now known as the
"Marrakesh Treaty," calls for contracting parties to adopt copyright
exceptions similar
to the Chafee Amendment, creating a streamlined, global copyright
apparatus through which each nation permits authorized entities to
reproduce copyrighted
materials in accessible formats, distribute those works to beneficiary
persons, import accessible copies from other nations, and export
copies to other
nations; and
WHEREAS, the National Federation of the Blind was one of the key
negotiators in Marrakesh, expressing strong support for the treaty,
which was signed by
the United States on October 2, 2013; and
WHEREAS, in order to ratify the treaty and for the United States to
become a contracting party, the US Senate must support ratification
with a two-thirds
majority and the Congress as a whole must implement any legislation
deemed necessary by the administration to bring US law fully into
compliance with the
treaty; and
WHEREAS, ratification can be jeopardized if the implementing
legislation package is so unduly complex that it incites controversy
amongst stakeholder groups
and creates a partisan divide, an outcome that can be avoided if the
administration sticks to its communicated plan to call only for "sleek
and narrow"
changes to US law or considers adopting the American Bar Association’s
position that no changes to US law are necessary for ratification; and
WHEREAS, the treaty currently has eighty-one signatories and has been
ratified by eight countries, a positive trend that the United States
can both influence
and should want to be a part of: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we urge
the Obama administration and its interagency working group to complete
and transmit without delay the ratification and implementing
legislation package
to the US Senate, calling for minimal or no changes to US law; and
BE IT FURTHER RESOLVED that we call upon the US Senate to ratify the
treaty as quickly as possible, and help put an end to the book famine.
Resolution 2015-03
Regarding Amazon Whispercast and Kindle eBooks
WHEREAS, despite years of attempts by the National Federation of the
Blind to assist and educate Amazon, it has repeatedly failed to make
its Kindle ebook
readers and platforms fully accessible to the blind; and
WHEREAS, in 2012, Amazon announced an initiative aggressively to
promote the placement of inaccessible Kindle ereaders in the hands of
school children;
and
WHEREAS, Amazon created a content delivery system that enables
teachers more easily to distribute inaccessible content in the Kindle
ebook format further
limiting the opportunities for blind people to participate in
classroom instruction; and
WHEREAS, in response to Amazon’s launch of Whispercast, this
organization protested before Amazon’s headquarters and implored the
company’s CEO, Jeff Bezos,
to make Kindle ereaders and platforms accessible to blind students; and
WHEREAS, after Amazon failed to respond meaningfully to our concerns,
the following year this organization wrote to the state
superintendents of education
in all fifty states to explain that Whispercast and Kindle ebooks are
inaccessible to blind students and that adoption of Kindle ebooks in
schools would
place blind students at a significant disadvantage and violate the law; and
WHEREAS, despite these and other efforts by the National Federation of
the Blind over many years, Amazon has failed to make Kindle ebooks
fully accessible
to the blind, particularly for academic reading, to the extent that
some Kindle etextbooks are completely unreadable with text-to-speech
or a refreshable
Braille display; and
WHEREAS, in April 2015, Amazon announced the launch of Whispercast 3.0
and boasted that Whispercast is now used in more than 130 of the 250
largest school
districts in the US and over 2,400 higher education organizations,
including twenty-four of the thirty largest in the country; and
WHEREAS, the time is long past due for Amazon to stop ignoring the
blind and to make its Kindle ebook readers and platforms accessible to
the blind: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization condemn and deplore Amazon’s knowing, repeated, and
reprehensible discrimination against the blind; and
BE IT FURTHER RESOLVED that we urge schools and universities to cease
their use of Whispercast immediately and to refrain from offering
Kindle ebooks to
students.
Resolution 2015-04
Regarding Support for the Transitioning to Integrated and Meaningful
Employment Act
WHEREAS, Congressman Gregg Harper introduced the Transitioning to
Integrated and Meaningful Employment (TIME) Act (H.R. 188) on January
7, 2015; and
WHEREAS, the TIME Act has the same goal as the Fair Wages for Workers
with Disabilities Act, which was introduced in the previous two
congresses, namely
to phase out the use of Section 14(c) of the Fair Labor Standards Act; and
WHEREAS, the National Federation of the Blind has passed two
resolutions that support the Fair Wages for Workers with Disabilities
Act, Resolution 2013-02
Regarding Ending Subminimum Wage Payments to Workers with Disabilities
and Resolution 2012-01 Regarding Support for the Fair Wages for
Workers with Disabilities
Act of 2011, affirming our long-held goal to repeal Section 14(c) of
the Fair Labor Standards Act and to end the practice of paying people
with disabilities
subminimum wages; and
WHEREAS, as demonstrated by the states of Vermont, which has no
entities that hold Section 14(c) certificates, and New Hampshire,
which on May 7, 2015,
signed a bill into law prohibiting entities from paying individuals
with disabilities less than the minimum wage, special wage
certificates are no longer
needed; and
WHEREAS, over eighty organizations support the repeal of Section 14(c)
of the Fair Labor Standards Act, further illustrating the growing
trend against
this discriminatory practice: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization commend Congressman Gregg Harper and all cosponsors of
H.R. 188, the Transitioning to Integrated and Meaningful Employment
Act, for continuing
to shepherd this legislation through this Congress and for having the
courage to support a bill that will ensure that Americans with
disabilities have
access to integrated and meaningful employment opportunities; and
BE IT FURTHER RESOLVED that this organization call upon the Education
and Workforce Committee of the US House of Representatives to conduct
an immediate
hearing on H.R. 188 in order to facilitate informed debate and to
learn the truth about the employment capacity of people with
disabilities; and
BE IT FURTHER RESOLVED that this organization call upon the US Senate
immediately to introduce companion legislation to H.R. 188; and
BE IT FURTHER RESOLVED that this organization call for the immediate
passage of the TIME Act by the US Congress and for the President of
the United States
to sign it into law.
Resolution 2015-05
Regarding Leader Dogs for the Blind's Accreditation by NAC
WHEREAS, in 1989 the International Federation of Guide Dog Schools for
the Blind, later known as the International Guide Dog Federation
(IGDF), was formed
to create and promulgate standards for the operation and
administration of guide dog training programs throughout the world;
and
WHEREAS, the IGDF today has over eighty member guide dog training
programs around the world, including thirteen in the United States;
and
WHEREAS, US-member guide dog training programs include Guide Dogs for
the Blind, the Seeing Eye, and Leader Dogs for the Blind, the three
largest guide
dog training programs in the United States; and
WHEREAS, the standards of the IGDF are well known as a solid model for
guide dog training program operation and administration; and
WHEREAS, in January 2015 Leader Dogs for the Blind announced that it
had received accreditation by the National Accreditation Council for
Blind and Low
Vision Services (NAC), an organization formed in the 1960s supposedly
to create and promulgate standards for the operation of agencies
serving the blind
but which, in fact, has never provided a good model for the operation
and administration of any agency; and
WHEREAS, NAC has no expertise in the guide dog arena, and any attempt
by NAC to accredit guide dog training programs can serve only to
undermine the efforts
of the IGDF; and
WHEREAS, in the past Leader Dogs for the Blind, recognizing the
worthless nature of NAC’s alleged accreditation, resisted attempts by
NAC to accredit it
and stood with consumers in opposing the shoddy and irrelevant
standards NAC attempted to use to gain credibility among the ranks of
guide dog training
programs and their consumers; and
WHEREAS, Leader Dogs’ past vigorous opposition to NAC accreditation
was expressed in part through a letter from Harold L. Pocklington,
then-executive director
of Leader Dogs for the Blind, to NAC’s president, and published in the
February 1986 issue of the Braille Monitor, which said:
We believe we can handle our own affairs. If the dog guide training
programs don't respond to your suggestions, it may be they don't
believe the method
of accreditation can be done only by you. We believe we can be our own
judge of operation, without any help from NAC or a committee NAC might
appoint.
We are not indifferent, unaware, or apathetic. We just believe if it
ain't broke, don't fix it; and
WHEREAS, the purpose of NAC has always been to undermine and thwart
the right of the organized blind to speak on behalf of blind consumers
and Leader Dogs’
affiliation with NAC has the same effect in seeking to minimize the
voice of the blind; and
WHEREAS, Leader Dogs receives a significant amount of its funding from
Lions International and from individual Lions clubs; and
WHEREAS, any money spent by Leader Dogs in seeking and obtaining
accreditation by NAC is a misuse of the support provided by its donors
and can only encourage
the efforts of an outdated and useless agency, NAC, to attempt to gain
financial support from other guide dog training programs that it
approaches in its
attempts to convince them to accept its irrelevant and meaningless
accreditation: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization condemn and deplore Leader Dogs for the Blind’s
accreditation by and consequent support of NAC; and
BE IT FURTHER RESOLVED that this organization demand that Leader Dogs
for the Blind take immediate steps to terminate its accreditation by
NAC; and
BE IT FURTHER RESOLVED that we call on Lions International and
individual Lions clubs to cease their funding of Leader Dogs for the
Blind until it terminates
its accreditation by NAC; and
BE IT FURTHER RESOLVED that this organization urge all guide dog
training programs to resist any attempts by NAC to accredit them and
insist instead that
all guide dog training programs in the United States support the
legitimate standards and accreditation of the IGDF.
Resolution 2015-06
Regarding Braille Access to Mobile Devices
WHEREAS, the use of mobile computing devices such as tablets,
smartphones, and laptops has become increasingly important in
business, education, and personal
spheres; and
WHEREAS, Braille is essential in allowing blind people to work, learn,
and play on an equal footing with their sighted counterparts; and
WHEREAS, with the growing prominence of mobile devices, mobile Braille
displays have also become important tools for many blind users in all
walks of life;
and
WHEREAS, Apple has provided a very powerful example of how Braille
displays can be used in mobile devices through its iOS platform, so
that it is possible
for deaf-blind individuals to use iPhones and iPads in nearly all the
same ways that blind users using speech have available to them; and
WHEREAS, Windows phones and tablets do not contain any Braille
support, and Android and Chromebook devices developed by Google have
such deeply flawed
Braille support that for many activities it is insufficient to
completely control the device without using speech: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization strongly urge Google and Microsoft to include robust
Braille access to their mobile platforms, since it is necessary for
Braille users, particularly
those who are deaf-blind, to use their products and services with the
same level of ease that they currently enjoy on traditional computing
devices, as
well as Apple’s iOS devices; and
BE IT FURTHER RESOLVED that this organization urge these companies to
work with the National Federation of the Blind, Braille display
manufacturers, and
deaf-blind users to ensure that this support is robust and follows
standard conventions of Braille display support, including command
structure, feature
set, and comparative ease of use.
Resolution 2015-07
Regarding the Drafting and Introduction of the "Stimulating the Market
to Make Accessibility a Reality Today" (SMART Act)
WHEREAS, the National Federation of the Blind, the oldest and largest
organization of blind people in the United States, has made access to
all aspects
of the educational experience for blind students a priority; and
WHEREAS, as a direct response to the first recommendation of a
congressionally authorized report on the status of accessible
materials in the college classroom,
the National Federation of the Blind, in conjunction with the
Association of American Publishers, drafted and urged the 113th
Congress to introduce the
Technology, Education and Accessibility in College and Higher
Education (TEACH) Act; and
WHEREAS, the TEACH Act authorized the creation of voluntary
accessibility guidelines for electronic instructional materials and
information technology
used in higher education and incentivized the use of these guidelines
by providing a safe harbor from litigation for schools that used
material conforming
to those guidelines, making it easier for schools to adopt accessible
technology and to achieve compliance with Section 504 of the
Rehabilitation Act and
with Titles II and III of the Americans with Disabilities Act; and
WHEREAS, in an effort to advance this legislation, the National
Federation of the Blind has initiated negotiations with the higher
education lobby, one
of the largest stakeholder groups on the matter, and one of the only
remaining factions that had not supported the creation of guidelines;
and
WHEREAS, as a result of those negotiations, a consensus has been
reached on what will now be called the "Stimulating the Market to Make
Accessibility a
Reality Today Act, or "SMART" Act, a modified version of the TEACH Act
which has full stakeholder support; and
WHEREAS, the SMART Act aims to accomplish the same goals for which the
National Federation of the Blind has long advocated, including the
creation of voluntary
accessibility guidelines for electronic instructional material used in
higher education by an independent commission comprised of stakeholder
communities
such as higher education leadership, developers of post-secondary
electronic instructional materials, and people with disabilitiesand
also the incentivizing
of the use of such guidelines through a safe harbor mechanism; and
WHEREAS, support from the higher education lobby and industry
associations will increase the likelihood of the SMART Act’s passage
in Congress and its
successful implementation by both institutions and developers; and
WHEREAS, when passed, the influence of this legislation will not only
positively affect the postsecondary experience of blind students and
other students
with print disabilities, ensuring that students are truly provided
equal access to educational opportunities, but it will also stimulate
the market for
materials that are designed for postsecondary use or use outside of
higher education and increase awareness about accessibility throughout
a vast network
of developers and vendors: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we urge
Congress to show support for students with disabilities and reaffirm
the need for voluntary accessibility guidelines in postsecondary
education by promptly
introducing the Stimulating the Market to Make Accessibility a Reality
Today, (SMART Act); and
BE IT FURTHER RESOLVED that we urge higher education leadership to
build upon the success of recent negotiations by continually and
consistently demonstrating
a willingness to resolve accessibility barriers for students with
disabilities, by working with the National Federation of the Blind to
pass this legislation,
and by ultimately encouraging rapid adoption of the guidelines by
colleges and universities across the United States once the commission
completes its
work.
Resolution 2015-08
Regarding the Accessibility of Kiosks
WHEREAS, kiosks are ubiquitous in airports, train stations, and other
transportation hubs and are largely inaccessible to blind travelers;
and
WHEREAS, kiosks are increasingly used in healthcare to conduct patient
intake and to complete administrative tasks, with other functions
slated to be added,
and these kiosks also are almost universally inaccessible; and
WHEREAS, many restaurants and other establishments have similarly
begun to use inaccessible kiosks for taking orders and payment; and
WHEREAS, kiosks that are not usable by the blind are also used for
providing general information to visitors at visitor centers; and
WHEREAS, in entertainment facilities such as movie theaters and
amusement parks, inaccessible kiosks are used for ticket sales,
pick-up, and information;
and
WHEREAS, virtually all of the entities using these kiosks are covered
by the Americans with Disabilities Act and other antidiscrimination
laws; and
WHEREAS, in many cases the operating systems running on these kiosks,
such as Microsoft Windows and Apple iOS, have provided platforms that
allow for accessible
implementation of software which provides nonvisual access; and
WHEREAS, the hardware of these kiosks is often already configured for
audio output and keyboard or touch-screen input and therefore poses no
inherent barriers
to accessibility; and
WHEREAS, there are no technological reasons why these kiosks cannot be
made accessible to the blind, offering full equality of access: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization condemn and deplore the entities who are manufacturing
and deploying inaccessible kiosks for completely overlooking the needs
of many of their
customers; and
BE IT FURTHER RESOLVED that this organization insist on a commitment
from manufacturers, software developers, and service providers alike
to ensure full
accessibility of these increasingly common devices.
Resolution 2015-09
Regarding Cardtronics Accessibility Center of Excellence
WHEREAS, equal and independent access to banking and financial
transactions is critical in today’s society; and
WHEREAS, Cardtronics, Inc. is the largest retail ATM owner in the
world, with a fleet of over 100,000 ATMs in the United States; and
WHEREAS, Cardtronics has agreed to make its fleet of ATMs accessible
to the blind; and
WHEREAS, Cardtronics has established a Center of Excellence, whose
mission is to deliver an industry-leading voice-guided user experience
at Cardtronics-supported
ATMs; and
WHEREAS, through the Center of Excellence, Cardtronics will
collaborate with the National Federation of the Blind to develop
enhanced voice-guidance software
that will provide a fully accessible and superior user experience for
blind customers with its ATMs and help to ensure that future ATM
innovation is also
fully accessible to blind users; and
WHEREAS, Cardtronics’ agreement to collaborate with the National
Federation of the Blind and the establishment of the Center of
Excellence resolves a multi-year
class action lawsuit with the National Federation of the Blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization commend Cardtronics for partnering with the National
Federation of the Blind to raise the quality of access for blind users
to financial transactions
and other services provided by ATM technology; and
BE IT FURTHER RESOLVED that this organization applaud Cardtronics’
leadership and commitment to be at the forefront of innovation in ATM
technology for
the blind.
Resolution 2015-10
Concerning Unconditional Ownership of Guide Dogs upon Completion of Training
WHEREAS, in 2011 the National Association of Guide Dog Users (NAGDU)
unanimously passed the Guide Dog Consumers’ Bill of Rights during its
annual meeting
and published it in the June 2011 issue of the Braille Monitor; and
WHEREAS, Section 5(a) of the Guide Dog Consumers’ Bill of Rights
states, "The Consumer shall be given legal title, ownership, and
possession of the dog
upon completion of the training program. Such title, ownership, or
possession shall not be revoked, suspended, or otherwise interfered
with without due
process and in accordance with other provisions of this document"; and
WHEREAS, five guide dog training programs in the United StatesFreedom
Guide Dogs for the Blind, Guide Dogs of America, the Guide Dog
Foundation, The Seeing
Eye, and Pilot Dogs Inc.currently transfer unconditional ownership to
the guide dog user upon completion of training; and
WHEREAS, all other guide dog training programs either place conditions
upon the transfer of ownershipsuch as mandatory retirement ages, the
right to repossess
the dog without due process, annual reporting requirements, and other
conditions incongruent with unconditional ownershipor impose
probationary periods
during which a consumer is required to demonstrate his or her
suitability for ownership; and
WHEREAS, there have been several instances in which guide dog training
programs that do not provide unconditional ownership upon completion
of training
have threatened consumers with removal of their dogs or have actually
repossessed dogs without cause and without due process; and
WHEREAS, unconditional ownership prevents such arbitrary, capricious,
and subjective interference, intervention, intrusion, coercion,
duress, and intimidation;
and
WHEREAS, it has been demonstrated by those guide dog training programs
that transfer unconditional ownership upon completion of training that
granting
such unconditional ownership has a positive effect upon the success of
a guide dog team, its safety, and the long-term health of the guide
dog; and
WHEREAS, anecdotal information from guide dog users demonstrates that
consumers are more likely to seek assistance for training, safety,
behavioral, or
health issues when they feel confident their possession of the guide
dog will not be compromised; and
WHEREAS, policies other than unconditional ownership upon completion
of training are paternalistic, archaic, and, as such, are incongruent
with the philosophy
and policies of the National Federation of the Blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization demand that all guide dog training programs develop
policies and practices to transfer unconditional ownership of guide
dogs to their consumers
upon completion of training; and
BE IT FURTHER RESOLVED that these policies include refusal to accept
anonymous complaints, along with other due process protections for
consumers, as outlined
in the National Association of Guide Dog Users Guide Dog Consumers’
Bill of Rights; and
BE IT FURTHER RESOLVED that this organization commend Freedom Guide
Dogs for the Blind, Guide Dogs of America, the Guide Dog Foundation,
The Seeing Eye,
and Pilot Dogs Inc. for their recognition of the capacity of blind
people as demonstrated by their policies of unconditional ownership
upon completion
of training.
Resolution 2015-11
Regarding the 508 Refresh
WHEREAS, Section 508 of the Rehabilitation Act requires that all
electronic and information technology developed, procured, maintained,
or used by the
federal government must be accessible to people with disabilities,
including both employees of the federal government and members of the
public; and
WHEREAS, the US Access Board is tasked with periodically updating the
Section 508 guidelines that serve as a procurement guide and
accessibility benchmark
for the federal government as it seeks to comply with Section 508, and
since 2008 the board has been engaged in a much-needed update, or
"refresh," that
will ultimately bring the Section 508 regulations to a more robust and
objective standard applicable to modern and future technologies for
the first time
since 2000; and
WHEREAS, seven years is far too long for the Access Board to have
spent on this rulemaking, and, while we applaud Access Board
chairperson Sachin Pavithran
for releasing the long-overdue Notice of Proposed Rulemaking on
February 18, 2015 and bringing the process to its penultimate stage,
the federal government,
the disability community, and developers of technology are frustrated
with the delay of this critical refresh; and
WHEREAS, countless entities outside the federal government use the
Section 508 accessibility standards as voluntary accessibility
criteria, making it profoundly
important for the Section 508 standards to be up-to-date to ensure
stimulus of market-wide change that is favorable and effective: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we urge
the Access Board to build on the momentum begun by Chairman Pavithran
within the last year and rapidly bring this rulemaking to a
conclusion, thereby ensuring
that people with disabilities have equal access to information made
available to the public by the federal government, and that the
purchasing power of
the federal sector is harnessed to create an accessible technology marketplace.
Resolution 2015-12
Regarding Enforcement of the Voting Rights of Blind and Other Voters
with Disabilities by the US Department of Justice
WHEREAS, passage of the Help America Vote Act (HAVA) of 2002 provides
the blind and other voters with disabilities the opportunity to
exercise their fundamental
right to cast a secret ballot by requiring at least one accessible
voting system in each polling place for all federal elections; and
WHEREAS, HAVA does not provide a private right of action so that
citizens can enforce its mandate of accessible federal elections, but,
instead, charges
the US Department of Justice with enforcement responsibility; and
WHEREAS, surveys of blind and low-vision voters conducted by the
National Federation of the Blind following the 2008 and 2012
presidential elections indicate
that 14 percent and 25 percent, respectively, of the voters surveyed
who attempted to use an accessible voting system were not able to vote
privately and
independently, and a survey of voters with disabilities conducted by
the National Council on Disability following the 2012 election found
that 20 percent
of the voters surveyed were prevented from casting a private and
independent ballot; and
WHEREAS, the Presidential Commission on Election Administration noted
in its January 2014 report The American Voting Experience, that
throughout its fact-finding
work the Commission heard complaints from disability rights advocates
that provisions relevant to voters with disabilities in the Americans
with Disabilities
Act (ADA) and HAVA are underenforced; and
WHEREAS, Resolution 113B adopted by the American Bar Association House
of Delegates in August 2014 urges governments "to use all appropriate
means to improve
enforcement of the voting rights for persons with disabilities": Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization demand that the US Department of Justice increase its
enforcement of the ADA and HAVA so that blind and other voters with
disabilities can
exercise the same fundamental right to cast a secret ballot that is
enjoyed by other Americans.
Resolution 2015-13
Regarding the Smarter Balanced Assessment Consortium
WHEREAS, in response to the nationwide adoption of the Common Core
State Standards and the Race to the Top grants, several consortia of
states emerged
to develop assessments that would be used in K-12 to test students,
measure their progress, and hold schools accountable to the federal
government; and
WHEREAS, the largest of the consortia is the Smarter Balanced
Assessment Consortium (Smarter Balanced), a collection of eighteen
states and one territory
that have supported the development of, plan to implement the use of,
or have already begun administering Smarter Balanced’s online
assessment system;
and
WHEREAS, the National Federation of the Blind, learning that Smarter
Balanced’s platform was not fully accessible to blind students and
that the consortium’s
accommodations policy denied access to read-aloud and text-to-speech
accommodations for students in grades 3-5 who could not read print or
Braille, convened
an informal coalition of disability advocates to urge the consortium
to make necessary modifications to its platform and policies to ensure
equal access
for blind K-12 students in the states and territory that are
affiliated with the group; and
WHEREAS, Smarter Balanced initially resisted our advocacy but later
reacted positively to our recommendations and made the necessary
modifications, recognizing
that denying a blind student equal access to the test platform or any
accommodations necessary to take the test and demonstrate proficiency
in certain
skills was a violation of federal law, violations that would be
compounded by the popular deployment of the Smarter Balanced test:
Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we commend
Smarter Balanced for working with our organization and, after
significant pressure, agreeing to make the necessary modifications to
ensure equal access
for blind students; and
BE IT FURTHER RESOLVED that we urge Smarter Balanced to follow through
with our agreement and continue rectifying identified access barriers,
and to make
administrative changes to ensure that accessibility for students with
disabilities is better, earlier, and more efficiently considered as
the test is deployed
in more and more states; and
BE IT FURTHER RESOLVED that we warn states about the use of the
Smarter Balanced assessment, which, until the access barriers for
students with disabilities
that are currently being addressed are totally resolved, will be a
violation of several federal civil rights statutes and that we suggest
policies and
practices be put in place at the state level to ensure that
assessments do not exclude or discriminate against students with
disabilities.
Resolution 2015-14
Regarding Accessibility of Health Information Technology
WHEREAS, technology has transformed the healthcare industry, allowing
healthcare providers to transition from paper-based medical records to
electronic-based
healthcare records, share critical medical data across offices and
with patients, and perform other functions of their jobs through
innovative health information
technology (health IT) applications and programs; and
WHEREAS, far too many health IT applications and programs are
inaccessible, blocking the blind from being able to enter, compete
for, participate in, and
successfully perform jobs in the healthcare industry and forcing blind
and low-vision doctors, therapists, assistants, and other positions in
the healthcare
sector to endure discrimination that is not only unlawful but also
profoundly unnecessary, considering that it can and often does
escalate to the point
of needless termination; and
WHEREAS, one of those inaccessible applications is a software suite
known as Epic, which is designed for midsize and large medical groups,
hospitals, and
integrated healthcare organizations, but is growing in popularity and
proliferating in the industry and beyond, despite its inherent
inaccessibility; and
WHEREAS, the Office of the National Coordinator for Health IT (ONC)
within the US Department of Health and Human Services has a
certification program for
health IT, a program that drives how developers of Epic and other
similar technology design their products so that the providers that
ultimately use the
technology can receive reimbursements for certain federal incentive
programs; and
WHEREAS, last year ONC released a new, voluntary edition of this
certification program and did not make accessibility a key component,
a rulemaking that
rightly sparked outrage among blind healthcare industry workers and
provoked feedback from the National Federation of the Blind urging a
revision of the
criteria with consideration being given to the need for usability for
the blind; and
WHEREAS, on March 30, 2015, ONC released a new Notice of Proposed
Rulemaking demonstrating that the office had internalized National
Federation of the
Blind’s concerns and proposing new criteria that called for some
health IT functions to be compatible with text-to-speech software, a
first step toward
making change in the market and a move that validates the power of
National Federation of the Blind’s advocacy; and
WHEREAS, despite this positive step, ONC overlooked the need to
require all of the criteria, not just certain criteria, to be
compatible with text-to-speech
software and also overlooked the need for Braille capability, zoom,
contrast, captions, and other accessibility features that would have
been covered had
ONC required conformity with a generally-accepted, measurable
accessibility standard like WCAG 2.0; and
WHEREAS, until ONC makes additional revisions, health IT will be the
source of discrimination for blind workers in the healthcare industry,
and countless
providers that choose to deploy the inaccessible technology and
collect money from federal incentive programs will be in violation of
Section 504 of the
Rehabilitation Act, a provision that prohibits the use of federal
funds to discriminate on the basis of disability, both outcomes being
avoidable if health
IT is required to be and is made accessible: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we recognize
ONC’s reception of our suggestion to consider accessibility, but we
demand that the agency enhance the accessibility requirements within
the criteria to
further drive the market and stop discrimination against blind people
in the healthcare industry; and
BE IT FURTHER RESOLVED that we strongly urge developers of health IT
to consider accessibility during the design phase of their products,
lest they drive
an entire population of people out of an industry that needs access to
their talents, put their customers at risk for being in violation of
federal civil
rights laws, and undercut the promise of new technology.
Resolution 2015-15
Regarding Orientation and Mobility Instruction for Children
WHEREAS, skills in orientation and mobility (OM) are essential for the
successful transition of blind children, including children with low
vision, to
full and productive lives as adults; and
WHEREAS, local and state laws recognize the use of the long white cane
as a tool for both safety and independence for blind people, yet too
many school
systems nationwide do not promote the use of the white cane by blind
students; and
WHEREAS, regulations of the Individuals with Disabilities Education
Act (IDEA), (Section 300.34[c][7], Related Services), clearly define
OM as "services
provided to blind or visually impaired children by qualified personnel
to enable those students to attain systematic orientation to and safe
movement within
their environments in school, home, and community"; and
WHEREAS, although IDEA clearly lists OM as an essential service for
blind and visually impaired children, too often these children are
denied OM instruction
because the Individualized Education Program (IEP) team assumes that
these children do not need this instruction; and
WHEREAS, another reason for denial of OM instruction is insufficient
evaluations, e.g., only examining a child’s movement in familiar
areas, failing to
consider environments in different lighting, not requesting input from
parents, or not considering such factors as the child’s
medically-indicated expectation
of further visual deterioration; and
WHEREAS, the IEP team should treat OM instruction as a presumption for
youth who have an IEP based on visual impairment, as it does with
Braille, unless
a proper assessment determines that OM instruction are not necessary; and
WHEREAS, two states, Maryland and Texas, have incorporated the
mobility presumption and stronger evaluation requirements into state
law, which will ensure
that more students who need OM instruction in those states will
receive it: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization strongly urge every state in the Union, as well as the
District of Columbia and Puerto Rico, immediately to enact legislation
that contains
a presumption similar to the Braille presumption that explicitly
states that all blind and visually impaired children need orientation
and mobility instruction
unless a proper evaluation demonstrates that such instruction is not
appropriate for the child.
Resolution 2015-16
Regarding the Workforce Innovation and Opportunity Act
WHEREAS, on July 9, 2014, the US House of Representatives passed the
US Senate-amended version of H.R. 803: the Workforce Innovation and
Opportunity Act,
or WIOA, and on July 22, 2014, President Barack Obama signed WIOA into law; and
WHEREAS, one of the major objectives of WIOA, as demonstrated by Title
IV, which amends and reauthorizes the Rehabilitation Act, is to ensure
that all
individuals with disabilities have the opportunity to obtain
competitive, integrated employment, defined as employment that is
typically found in the community
and is compensated at wages that are "not less than the customary rate
paid by the employer for the same or similar work performed by other
employees who
are not individuals with disabilities"; and
WHEREAS, Section 511 of WIOA: Limitations on Use of Subminimum Wage,
is one major avenue to achieve this objective because it will reduce
the number of
youth with disabilities tracked into subminimum wage "employment" by
prohibiting youth with disabilities from being compensated at
subminimum wages by
Section 14(c)-certificate-holding entities unless they first have
exhausted all resources available to them through vocational
rehabilitation servicessuch
as establishing an Individualized Plan for Employment (IPE), working
toward their IPE for a reasonable period of time, and receiving career
counseling
about job opportunities that reflect their IPE; and
WHEREAS, on April 16, 2015, the US Departments of Education and Labor
released five Notices of Proposed Rulemaking (NPRMs) proposing
regulations for WIOA;
and
WHEREAS, despite the fact that the US Department of Labor has
authority over Section 14(c) of the Fair Labor Standards Act and the
US Department of Education
has authority over regulations regarding the provision of vocational
rehabilitation services, none of the NPRMs included any language
regarding enforcement
of Section 511; and
WHEREAS, without enforcement, entities that hold Section 14(c)
certificates are likely to take a business-as-usual approach to
employing youth with disabilities
at subminimum wages unless there are penalties (such as fines or
threat of 14(c) certificate revocation) to deter such behavior and
incentivize them to
change their practices as Section 511 obligates them to do: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we commend
the US Congress and President Barack Obama for passing and signing
into law the Workforce Innovation and Opportunity Act; although the
law is not perfect,
we believe that Section 511 and other provisions significantly improve
policies designed to create and enhance employment opportunities for
American workers
with disabilities; and
BE IT FURTHER RESOLVED that we urge the US Department of Labor and US
Department of Education swiftly to propose additional regulations that
will ensure
Section 511 of WIOA is enforced so that the goal of reducing the
number of youth tracked into subminimum wage employment will come to
fruition.
Resolution 2015-17
Regarding the Accessibility of Google Drive and the Google Docs
Productivity Suite
WHEREAS, Google is one of the largest and most far-reaching companies
on the internet today, with products that touch hardware, software,
work, entertainment,
education, and many other spheres of life; and
WHEREAS, some of the best-known and most heavily used of these
products include Google Drive, Docs, Sheets, and Slides; and
WHEREAS, these products have been adopted by many businesses,
government agencies, and educational institutions; and
WHEREAS, the use of these applications has become essential within
these institutions and organizations to participate fully in
employment and education;
and
WHEREAS, the National Federation of the Blind and Google have spent
considerable time and resources in forging a partnership to improve
the accessibility
of this suite of applications; and
WHEREAS, blind people in these environments are increasingly able to
use these products due to the increased accessibility of the suite
arising from this
partnership; and
WHEREAS, Google has created some truly innovative solutions allowing
blind users to collaborate in real time with their peers; and
WHEREAS, the stability and usability of the suite with screen-access
software has increased dramatically over the last three years, but
some features required
for full accessibility of the tool, including full Braille support,
have yet to be fully implemented; for example, it is not possible to
read spreadsheets
with Braille or to move the cursor with a Braille keyboard in any of
the Google Apps: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization commend Google for the progress it has made in improving
the accessibility of Google Drive, Docs, Sheets, and Slides; and
BE IT FURTHER RESOLVED that we strongly urge Google to continue to
maintain and improve the accessibility of this suite, particularly for
Braille users,
by continuing to partner with the National Federation of the Blind so
that blind people can enjoy the benefits of these applications.
Resolution 2015-18
Regarding Social Security Disability Insurance for Blind Beneficiaries
WHEREAS, according to the 2014 Annual Report of the Board of Trustees
of the Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust
Funds, published on July 28, 2014, the Social Security Disability
Insurance (SSDI) trust fund will be insolvent as early as December
2016; and
WHEREAS, if the 114th Congress does not pass legislation either
allocating money to the SSDI trust fund or reforming the entire SSDI
system to make it
more cost effective, there will be an across-the-board cut of
approximately 19 percent for SSDI beneficiaries; and
WHEREAS, if this cut is made, the average SSDI benefit will be reduced
from $1200 per month to just $972 per month, putting beneficiaries
that live alone
and rely exclusively on benefits for survival to live on an income
that is below the federal poverty guideline as set by the Department
of Health and Human
Services; and
WHEREAS, blind SSDI beneficiaries are discouraged from reaching their
full employment potential because the current earnings limit test
results in a "earnings
cliff," meaning that benefits are cut off once a beneficiary earns
more than the "substantial gainful activity" limit, making it more
financially strategic
for beneficiaries to work less and stay below the earning limit; and
WHEREAS, the transition periods that are designed to help SSDI
beneficiaries return to work, such as the trial work period and
extended period of eligibility,
are confusing and do little to counteract the effects of the earnings
cliff and to encourage beneficiaries to return to work; and
WHEREAS, the crisis facing the SSDI trust fund has stimulated action
by Congress, providing an appropriate window for the National
Federation of the Blind
to advocate for our long-desired reforms that will create true work
incentives for blind SSDI beneficiaries: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July in the city of Orlando, Florida, that
we urge the
US Congress swiftly to pass legislation that will create real work
incentives for blind SSDI beneficiaries, such as a gradual phase-out
of benefits and
a simplified system for administration that will actually encourage
blind SSDI beneficiaries to return to work, reach their full
employment potential,
and ultimately save taxpayer money and help keep the system financially solvent.
Resolution 2015-19
Regarding Accessible Online Voter Registration
WHEREAS, most states currently use a paper voter registration form
which is inaccessible to the blind and other persons with print
disabilities; and
WHEREAS, election officials throughout the United States are
implementing online voter registration because its use results in
reduced administrative burdens,
reduced costs, and more accurate data; and
WHEREAS, accessible online voter registration permits the blind and
other qualified citizens with disabilities to register to vote
conveniently, easily,
and independently; and
WHEREAS, the Presidential Commission on Election Administration in its
January 2014 report, The American Voting Experience, recommended that
states should
adopt online voter registration; and
WHEREAS, the American Civil Liberties Union* in its January 2015
report, Access Denied: Barriers to Online Voter Registration for
Citizens with Disabilities,
found that of the twenty states that currently offer online voter
registration, only California's is fully accessible and that the
majority of the state
online voter registration websites do not meet minimal accessibility
standards; and
WHEREAS, Title II of the Americans with Disabilities Act requires all
state and local government entities to ensure that people with
disabilities have
equal access to government programs and services and that the
information communicated by government programs and services must be
equally available to
persons with disabilities; and
WHEREAS, an online voter registration system is a government program
and service, and therefore the information it communicates must be
equally available
to persons with disabilities: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization demand that all states with inaccessible online voter
registration immediately bring their online voter registration
websites into compliance
with WCAG 2.0 AA; and
BE IT FURTHER RESOLVED that this organization strongly urge all states
that do not currently offer online voter registration to implement
online voter
registration that complies with WCAG 2.0 AA so that the information
communicated by the voter registration program and service is equally
available to
the blind and other qualified citizens with disabilities.
Resolution 2015-20
Regarding Accessibility of Employment-Related Technology
WHEREAS, technology has revolutionized the way our society functions,
particularly in employment; and
WHEREAS, although technology in employment could open up countless
opportunities for the blind, employment-related technology is instead,
more often than
not, a barrier to employment because it has been designed without
accessibility; and
WHEREAS, the blind encounter inaccessible technology during all phases
of employment, from the initial job search on inaccessible websites
that require
completing inaccessible online job applications, to inaccessible
pre-employment tests, to inaccessible workplace software necessary to
perform on the job;
and
WHEREAS, inaccessible employment-related technology is endemic across
industries, including federal and public sector employment and private
employers
of all sizes, as well as across occupations; and
WHEREAS, as a result of inaccessible employment-related technology,
many blind people are excluded from employment or prohibited from
performing to their
capabilities in their professional occupations, sometimes leading to
job termination or failure to be promoted; and
WHEREAS, the US Equal Employment Opportunity Commission (EEOC) has
recently sought input for retrospective regulatory review: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization urge the EEOC to update its rulemaking to ensure that
employers and vendors of employment-related technology make their
technology accessible
at all stages of the employment process; and
BE IT FURTHER RESOLVED that this organization urge the EEOC to take
swift and strong enforcement measures to protect the right of blind
job seekers and
employees to accessible employment technology.
Resolution 2015-21
Regarding the ABLE Act
WHEREAS, President Barack Obama signed the Achieving a Better Life
Experience Act, or the ABLE Act, into law on December 19, 2014; and
WHEREAS, prior to the signing of the ABLE Act, Supplemental Security
Income (SSI) beneficiaries were subject to an asset limit of $2,000;
and
WHEREAS, the ABLE Act allows an individual who became disabled before
the age of twenty-six to open an "ABLE account," a special account
allowing such
an individual to save for qualified disability expenses such as
housing, employment, transportation, healthcare, and technology, which
will not jeopardize
the individual’s eligibility for SSI benefits, even if the ABLE
account balance puts the individual’s assets over the $2,000 asset
limit, as long as the
ABLE account does not exceed $100,000; and
WHEREAS, SSI beneficiaries can open ABLE accounts only if states enact
implementing legislation: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we commend
the US Congress for passing the ABLE Act, which will allow many blind
and otherwise disabled individuals to achieve security and pay for
critical expenses
by saving money in an ABLE account without jeopardizing their
eligibility for SSI benefits; and
BE IT FURTHER RESOLVED that we urge the Secretary of the US Department
of the Treasury to develop a Notice of Proposed Rulemaking that
outlines regulations
relevant to the ABLE Act; and
BE IT FURTHER RESOLVED that we commend states that have already passed
legislation implementing the ABLE Act; and
BE IT FURTHER RESOLVED that we urge states that have not yet created
an ABLE account program to do so immediately.
Resolution 2015-22
Regarding Accessibility in Higher Education
WHEREAS, technology has revolutionized information, course materials,
recreation, interaction with administration, and other facets of
student life in
higher education; and
WHEREAS, Titles II and III of the Americans with Disabilities Act
prohibit colleges and universities from discriminating against persons
with disabilities
and mandate the provision of equal access to opportunities, only using
separate accommodations when necessary for providing equivalent
facilitation; and
WHEREAS, while colleges and universities may have been successful at
complying with these mandates in the brick-and-mortar and print world,
the vast majority
of institutions of higher education are struggling to comply with
these mandates as they apply in the digital world, routinely
developing, procuring, or
deploying inaccessible technology despite readily available solutions
and continually providing separate and often inappropriate
accommodations for blind
studentsan oversight that results in unequal access to opportunity,
adverse effects on academic performance, and denial of full
participation for blind
students; and
WHEREAS, the Department of Justice has increased enforcement in cases
regarding denial of equal access because of inaccessible technology
and/or inadequate
and inappropriate accommodations for students with disabilities; and
WHEREAS, solutions exist to make technology accessible to blind
students and faculty members, but until the higher education apparatus
makes systemic change,
a viable digital marketplace that includes accessible materials will
never emerge and the promises of technology will never be realized;
and
WHEREAS, blind students can no longer wait for developers of
technology and institutions of higher education voluntarily to
implement accessibility into
their products and practices: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that we demand
that colleges and universities make accessibility a top priority for
their campus communities; and
BE IT FURTHER RESOLVED that we demand that colleges and universities
harness their purchasing power and compel developers of educational
technology to
make accessibility a component of their development framework, to
consult with access technology experts, and to include blind and
otherwise print disabled
people in their beta testing processes, ensuring that the market
includes accessible options and that equal access for all students is
the norm, not the
exception.
Resolution 2015-23
Regarding the Accessibility of 3D Printing Software
WHEREAS, 3D printing is quickly becoming a major element in the
creation of tactile graphics for the blind; and
WHEREAS, 3D design and printing software is not developed with
accessibility in mind, preventing the blind user from performing even
the most basic functions
such as resizing an object or moving it; and
WHEREAS, even software that uses code to create 3D objects does not
make that code available to the user of screen-access software; and
WHEREAS, it has been amply demonstrated that neither access to menus
nor access to coding poses significant technological challenges; and
WHEREAS, the Windows and Mac default application menus are accessible; and
WHEREAS, many text editors used for coding, as well as more complete
developer tools such as Microsoft’s Visual Studio, are entirely usable
by the blind:
Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization strongly urge developers of 3D design and printing
software to give blind users the ability to print and make menu-driven
modifications to
models independently.
Resolution 2015-24
Regarding the Accessibility of Social Security Administration Kiosks
WHEREAS, self-service kiosks are regularly used in Social Security
Administration field offices to check-in; and
WHEREAS, visitors are required to enter their full names, social
security numbers, and reasons for visiting into kiosks prior to
meeting with Social Security
Administration personnel; and
WHEREAS, field office kiosks are not commonly outfitted with
accessibility features such as audio output, Braille instructions,
tactile keyboards, and
jacks for the use of headphones; and
WHEREAS, blind visitors must rely on strangers for assistance with
entering personal information into the field office kiosks or forego
meeting with Social
Security Administration personnel; and
WHEREAS, the Social Security Administration expanded its public
services in 2014 by implementing full-service Social Security Express
kiosks in government
building in which no social security office is located; and
WHEREAS, full-service Social Security Express kiosks allow users to
substitute visiting Social Security Administration field offices by
using the kiosks
to create accounts, access benefits, change addresses, and participate
in remote video teleconferencing with Social Security Administration
personnel;
and
WHEREAS, the Social Security Administration’s 2014-2018 agency
strategic plan calls for increased use of self-service kiosks in field
offices and partnering
external government agency buildings; and
WHEREAS, the Social Security Administration is required to provide
equal access to patrons with disabilities under the Rehabilitation Act
of 1973 and other
antidiscrimination laws; and
WHEREAS, existing technology allows accessible features, including
audio output, to be built into the operating systems used in kiosks;
and
WHEREAS, numerous vendors offer kiosks preconfigured with
fully-accessible physical components, including tactile keyboards,
headphone jacks, and Braille
notation; and
WHEREAS, no software- or hardware-related reasons exist that prevent
these kiosks from being made accessible to the blind, offering full
and equal access:
Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization condemn and deplore the Social Security Administration’s
practice of using kiosks that are not readily accessible to the blind;
and
BE IT FURTHER RESOLVED that this organization insist on a commitment
from the Social Security Administration to purchase and use only
kiosks that offer
full and equal access.
Resolution 2015-25
Regarding Discriminatory Practices of Greyhound Lines Inc.
WHEREAS, the lack of access to public transportation is one of the
greatest barriers preventing blind people from living the lives they
want and from full
participation in all aspects of community life; and
WHEREAS, according to Greyhound Lines Inc., it is the largest
intercity bus transportation provider, serving more than 3,800
destinations in North America
and 18 million passengers each year; and
WHEREAS, Greyhound should serve as a valuable asset to blind travelers
but fails to do so because of its policies and practices that create
barriers to
using its services; and
WHEREAS, Greyhound’s website is generally not accessible to blind
passengers who use screen-access software to acquire information from
desktop or mobile
operating systems; and
WHEREAS, field labels for graphical icons are rarely present, making
it all but impossible for blind people to retrieve current and
frequently-updated
information posted on this website; and
WHEREAS, the Greyhound (US) app for iOS is not at all accessible with
Apple’s VoiceOver, the gesture-based screen reader that has been
developed for blind
users; and
WHEREAS, buying a ticket online or through a phone app is now an
impossible task for most blind passengers; and
WHEREAS, blind passengers, unlike their sighted peers, are denied the
time-saving convenience of presenting a printed ticket at boarding and
are forced
to work with a ticket agent at the station; and
WHEREAS, fares from Greyhound’s automated phone booking system are $10
higher than fares from the inaccessible online booking system, and
this $10 charge
is not waived for blind passengers; and
WHEREAS, its website touts Greyhound’s services for persons with
disabilities, yet fails even to mention nonvisual access to websites
and apps: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization demand that Greyhound Lines Inc. immediately end its
discriminatory practices by making all of its online and mobile
services accessible to
blind passengers who use screen-access technology.
Resolution 2015-26
Regarding the Recent Addition of Audio Description to Netflix Content
and the Continued Inaccessibility of Aspects of the Service
WHEREAS, Netflix is one of the leading services for watching movies
and TV shows over the internet; and
WHEREAS, Netflix has recently made strides toward making its content
more accessible by beginning to add audio description to some of its
content, including
its original programming; and
WHEREAS, despite this important step, many accessibility problems with
the service exist across platforms, including the inability to turn on
audio description
and access playback controls in the web player on Windows and Mac computers; and
WHEREAS, other video streaming services do not have integrated audio
description at all: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization commend Netflix for the steps it has taken toward making
its content fully and equally accessible and encourage it to continue
in this process,
and
BE IT FURTHER RESOLVED that this organization urge Netflix to improve
the accessibility of its mobile and web platforms, enabling all users,
regardless
of device, to take advantage of audio description and other features
of this popular service; and
BE IT FURTHER RESOLVED that this organization urge all similar
streaming services to adopt audio description for their content and
incorporate accessibility
into their services.
Resolution 2015-27
Regarding the Corporation for National and Community Service Policies
WHEREAS, the Corporation for National and Community Service (CNCS) is
a federal agency that engages more than five million Americans in
service through
its core programs—Senior Corps, AmeriCorps, and the Social Innovation
Fund—and leads President Obama’s national call to service initiative,
"United We
Serve"; and
WHEREAS, the mission of CNCS is to improve lives, strengthen
communities, and foster civic engagement through service and
volunteering by harnessing America’s
most powerful resource—the energy and talents of our citizens—to solve
problems and by believing that "everyone can make a difference and
that all of us
should try to do so," thereby empowering Americans and fostering a
lifetime of volunteer service from all Americans, from grade school
through retirement;
and
WHEREAS, CNCS does not model best practices for recruitment,
engagement, and equal inclusion of the blind and other Americans with
disabilities in all
aspects of its programs despite nondiscrimination policies, public
statements to the contrary, and legislation such as the Serve America
Act of 2009, which
expanded national service opportunities for all Americans; and
WHEREAS, research released by CNCS in June 2013 concluded that those
who volunteer have a better likelihood of finding a job than those who
do not and
that this is generally the case for all volunteers regardless of
gender, age, education, ethnicity, geographic area, or job market
conditions; and
WHEREAS, the National Federation of the Blind is uniquely positioned
to further the inclusiveness and equality of CNCS and to become a
partner in facilitating
change, both vocationally and socially within the framework of volunteerism; and
WHEREAS, participation in CNCS programs can expose the blind to
career-, skill-, and resume-building opportunities; encourage lifelong
volunteerism among
the blind; raise expectations of the blind so they see themselves as
participants in society and not just as recipients of charity; serve
as a valuable
platform to display and enhance the skills the blind already possess;
and help to reduce the over 70 percent unemployment rate among the
blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization urge the Corporation for National and Community Service,
its board of directors, and its CEO to work with the National
Federation of the Blind
in order to ensure the full integration of the blind into all national
service opportunities for participants, applicants, and prospective
applicants;
and
BE IT FURTHER RESOLVED that this organization call upon the CNCS to
develop a partnership with the National Federation of the Blind to
ensure that all
policies and practices of CNCS comply with the Americans with
Disabilities Act and to ensure the full accessibility of all websites,
forms, and materials,
including all equipment to be used by participants in CNCS programs; and
BE IT FURTHER RESOLVED that this organization strongly encourage the
CNCS to establish a pipeline program that will engage members of the
National Federation
of the Blind in national service programs and match them to the
programs and opportunities that best fit their interests and desires.
Resolution 2015-28
Regarding the Application of the Randolph-Sheppard Act to Military
Dining Facilities
WHEREAS, Congress, in 1974, expanded the priority for blind persons to
operate vending facilities on federal property, including military
dining halls;
and
WHEREAS, in 2001, the Fourth Circuit, in NISH v. Cohen, ruled: "[t]he
RS Act deals explicitly with the subject at issuethe operation of
cafeteriaswhereas
the JWOD Act is a general procurement statute. Because the RS Act is a
‘specific statute closely applicable to the substance of the
controversy at hand’
it must control"; and
WHEREAS, Congress defined food service contract to include "full food
services, mess attendant services, or services supporting the
operation of all or
any part of a military dining facility" as stated in the 2007 National
Defense Authorization Act; and
WHEREAS, the R-S Act charges the United States Department of
Education, not the Department of Defense, with prescribing
regulations, giving the Secretary
of Education sole authority to determine whether any limitation on the
placement or operation of a vending facility is justified; and
WHEREAS, in a conference report accompanying the 2015 National Defense
Authorization Act, Congress directed the Department of Defense to
enact food service
regulations based on a 2006 Joint Policy Statement of the Departments
of Education and Defense; and
WHEREAS, that policy statement was never implemented because of
significant opposition by blind vendors, state vocational
rehabilitation agencies, and
second thoughts by Department of Education staff; because
implementation of that policy statement would effectively eliminate
the prior right of the blind
set forth in the R-S Act to operate vending facilities on all federal
property: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the City of Orlando,
Florida, that this
organization demand that the Department of Education stand up to the
Department of Defense and make clear that regulations of the
Department of Education
pertaining to food services supersede those of any other federal department; and
BE IT FURTHER RESOLVED that this organization insist that the
Department of Education clearly instruct the Department of Defense
that the Department of
Education’s regulations mean that a current non-blind operated
contract for military dining services cannot be entered into or
renewed unless a contract
opportunity has been offered to the blind as provided by the R-S Act.
Resolution 2015-29
Regarding Unified English Braille and the Nemeth Code for Mathematics
and Science Notation
WHEREAS, the Braille Authority of North America (BANA) has voted that
as of 2016, the official codes to be used in the United States are
Unified English
Braille (UEB), the Nemeth Code for Mathematics and Science Notation,
the music Braille code, and the International Phonetic Alphabet code;
and
WHEREAS, to reach the implementation goal, BANA announced as follows:
"BANA is providing guidance on how to incorporate the Nemeth Code into
UEB context
with the intent that the Nemeth Code will continue to be integral to
Braille in the United States"; and
WHEREAS, each state must create a customized plan for implementation of UEB; and
WHEREAS, some states, acting under an impression that part of the
implementation process involves setting, at the state level, the
standard for how mathematics
Braille will be produced and taught in that state, have indicated an
intent to move to the use of only UEB symbols for the teaching and
production of Braille
math in their state; and
WHEREAS, Braille production does not occur in isolation within each
state, but rather is done to a great extent by a nationally—connected
network of Braille
transcribers and producers; and
WHEREAS, the strong support for the use of Nemeth Code for mathematics
is based in Nemeth Code being a known quantity, used successfully for
decades, and
found to be efficient and agile for reading and working mathematics
problems because of its use of lower numbers distinct from letters,
its one-cell representations
of many mathematical symbols, its compact spacing, and other features
that make it especially suited to mathematics; and
WHEREAS, theories that abandoning the Nemeth Code in favor of the use
of UEB symbols for technical contexts will improve Braille readers'
access to and
performance in math are unproven; and
WHEREAS, there exists in the US a well-established network of
certified Nemeth code transcribers, but there is no training or
credential to ensure the
qualification of transcribers producing technical materials using UEB
symbols only; and
WHEREAS, the differences between the presentation of mathematics in
Nemeth Code and math using UEB symbols are so fundamental that a blind
child moving
to a state with a different math standard could find his or her math
books and tests inaccessible even though they are in Braille; and
WHEREAS, it is sometimes difficult to find the resources to produce a
math book or test in Braille, much less the resources to produce the
very same math
textbook or test in two different ways; and
WHEREAS, during the transition to Unified English Braille, some
duplication of effort will be unavoidable to minimize disruption to
the education of Braille
readers, but to add a further variant to the standards for math would
make the transition exponentially more chaotic, costly, and confusing
for all concerned:
Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2015, in the city of Orlando,
Florida, that this
organization call upon state departments of education to eliminate
needless confusion and unnecessary cost by using the Nemeth Code for
Mathematics and
Science Notation, with BANA's guidance for Nemeth in UEB contexts, as
the standard for math Braille; and
BE IT FURTHER RESOLVED that this organization urge the Braille
Authority of North America quickly to clarify that although timelines
and processes for
UEB implementation are set at the state level, Braille code standards
are not set by individual states; and to indicate unequivocally that
the Nemeth Code,
with the guidance for Nemeth in UEB contexts, is the standard for
mathematics Braille in the United States.
