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2021 Resolutions

Table of Contents

 

Summary of 2021 Resolutions

 

The following are brief summaries of the resolutions adopted by the ACB Board of Directors at its telephonic meeting on August 31, 2021 and September 29, 2021. Seven resolutions were withdrawn by their makers; those were Resolutions 2021-05, 2021-08, 2021-17, 2021-19, 2021-20, 2021-27 and 2021-32. They are not included in this compilation.

Resolution 2021-02 was referred to the Information Access Committee; we have included it at the end of this document for your information. Resolution 2021-03 was considered by ACB’s board of directors, but it did not pass. Resolutions 2021-14 and 2021-31 were also referred, and are included in the addendum.

Please note that these summary statements are not the authoritative voice of the ACB board of directors; they are simply meant to capture the overall scope and intent of the resolutions. You can find the full text of resolutions at www.acb.org.

Resolution 2021-01 directs ACB to urge its state affiliates to strongly consider undertaking advocacy efforts to create disability awareness training requirements for health care facilities, professionals and their staffs, and instructs affiliates that make such efforts to work with ACB’s Get Up and Get Moving campaign.

Resolution 2021-04 directs ACB to urge the Rehabilitation Services Administration, in the strongest possible language, to establish comprehensive standards of conduct and ongoing verification that such standards are being adhered to by all residential rehabilitation training centers, community rehabilitation programs (CRP’s) service providers, and all other individuals contracted to provide rehabilitation services to people who are blind or have low vision as part of RSA’s ongoing monitoring processes. Also instructs RSA to direct state rehabilitation agencies to include in their State Plans policies, procedures, and practices to ensure that documented allegations of sexual misconduct and/or bullying be appropriately investigated, resolved and reported to State Rehabilitation Councils (SRC’s), the consumer entities responsible for providing input and oversight to state rehabilitation departments and commissions, and to RSA. This resolution directs state agencies serving the blind to immediately suspend all approvals for consumers to attend any residential rehabilitation training center for which documented allegations of sexual or other abuse/misconduct have been made until such time as the department or commission determines that the issues arising from any documented allegation have been addressed in accordance with standards to be developed by the state entity and/or RSA pursuant to this resolution.

Resolution 2021-06 instructs ACB to demand that the U.S. Department of Justice immediately adopt regulations which establish categorical application of the Americans with Disabilities Act (ADA) to all elements of the Internet, and that DOJ require that WCAG 2.1 level AA or the most current successor versions be the applicable standard in developing such regulations.

Resolution 2021-07 directs ACB’s advocacy and governmental affairs staff to work with the Advocacy Steering Committee to develop guidelines that can be used to make these pill packs accessible for someone who is blind or has low vision, and directs ACB to urge the Access Board to reconvene in a manner consistent with the Food and Drug Administration Safety and Innovation Act to update best practices for accessibility of pill packets.

Resolution 2021-09 states that ACB welcomes innovative solutions to the global challenge of inaccessibility on the Internet, but does not support a response that creates a separate experience for users of assistive technology, and directs that any technology designed to help the blindness community must include meaningful feedback from users who are blind or have low vision to ensure that it will not harm the community it purports to serve. Also instructs the Information Access Committee to determine how best ACB can play a role in remedying the issues discussed in this resolution.

Resolution 2021-10 directs the newly established Spanish Language Subcommittee of the Multicultural Affairs Committee to develop plans, timelines, budget allocations, and priorities to implement initiatives and programs in order to expand ACB’s outreach to the Spanish-speaking community beginning in 2022, and charges the Multicultural Affairs Committee and ACB Membership Committee with the task of developing a set of recommendations on how to effectively outreach to and recruit individuals who are blind or have low vision whose principal language is Spanish.

Resolution 2021-11 directs ACB to urge PBS to immediately recommence the practice of noting which programs contain audio description in all PBS publications and, at a minimum, include audio description on all PBS Video programming that originally contained an audio description track.

Resolution 2021-12 directs all health care practitioners using telehealth offer an accessible, WCAG-compliant telehealth option and alternative that offers effective communication to all people who are blind or have low vision, and urges all state affiliates to advocate on the issues presented in this resolution with their state’s medical licensing agencies and local healthcare providers. Also instructs ACB to assist people who are blind or have low vision who may need assistance in advocating with their health care practitioner to obtain an accessible telehealth option.

Resolution 2021-13 directs Guide Dog Users, Inc., together with the American Council of the Blind, its officers, directors and staff, advise the U.S. Department of Transportation to immediately inform airlines that the Department expects them to ensure that both the processes of completing and submitting their service dog travel forms are accessible to persons who are blind or have low vision, and that they must validate the accessibility of these processes through user testing. Also instructs ACB and GDUI to recommend that DOT compel airlines to provide their personnel with appropriate training in how to advise prospective passengers about the new requirements and, upon request, provide assistance with filling out the new forms.

Resolution 2021-15 congratulates the American Foundation for the Blind on providing 100 years of advocacy, research, and collaboration to create a world of no limits for people who are blind or have low vision, and directs that AFB collaborate with ACB and the entire blindness community to forge a path of innovation and inclusion for AFB’s second century of service.

Resolution 2021-16 directs that ACB collaborate with the Blinded Veterans Association concerning the need to ensure that, during this transition period, VA employees who are blind or have low vision receive the training, services and performance equity protections they need to enable them to continue performing the essential functions of their positions, and thus ensure their continued employability with the VA, and if the VA is not responsive to the concerns expressed in this resolution, this organization inform the appropriate Congressional oversight committees of these issues.

Resolution 2021-18 instructs ACB to immediately make known to CMS the degree to which HCBS targeted at Medicaid recipients who are blind or have low vision will meet the goals of the Medicaid program and enhance the lives of this population, and to urge CMS, in implementing its oversight of state Medicaid funds, including those under the American Rescue Plan Act, to issue guidance to states concerning the value of targeting these services to recipients who are blind or have low vision. Also directs ACB to urge its affiliates to advocate for the use of Medicaid funds, including American Rescue Plan Act funding, for home and community-based services targeted at the needs of Medicaid recipients who are blind or have low vision.

Resolution 2021-21 directs ACB to work with its advocacy services committee to develop a list of best practices which can be shared with ACB’s state affiliates and local chapters, and that the best practices cover access to polling places during early voting and on Election Day, the availability of accessible vote-by-mail ballots including electronic return, effective access to voter registration, sample ballot information and other responsibilities of county authorities, and state and local legislation and regulations that provide for appropriate treatment for people with disabilities during all elements of the voting process which take into account medical conditions that might otherwise limit appropriate participation in federal, state and local elections.

Resolution 2021-22 directs ACB to make known its full support for and advocate for the use of human voices in the voicing of audio description for cinema and narrative video or streaming, and lend its assistance, where feasible, to affiliates undertaking such advocacy efforts.

Resolution 2021-23 instructs ACB to specifically communicate with the CSUN Assistive Technology Conference to urge them to immediately require all presentations, including digital content, be made accessible to people who are blind or have low vision.

Resolution 2021-24 directs ACB to support and urge Congress to adopt a long-term, federally funded broadband benefit program, managed and administered by the FCC, to provide low-income individuals with enhanced financial support for broadband after the pandemic ends, and for Congress to codify and fund it through mandatory directed spending as other entitlement programs are, instead of subjecting it to an annual discretionary appropriations process. Also directs Congress to renew its commitment to federal digital inclusion programs, as they are highly effective in helping persons living with disabilities to gain the skills and confidence necessary to thrive in the digital age.

Resolution 2021-25 states that this organization strongly condemns the denial of the reasonable accommodation request by Rebecca Meyers, and directs ACB and its SASI committee engage in an ongoing dialogue with the USOPC to develop and adhere to a transparent and ADA-compliant reasonable accommodations policy and process (inclusive of auxiliary communication requests). It directs that such policy and process ensure, at a minimum, that athletes who are deaf-blind will be permitted to have an SSP accompany them to all future competitions and related events sanctioned by the USOPC.

Resolution 2021-26 urges the ACB Board of Publications and writers and editors who produce written communications and other media reflecting the values of the ACB to explore ways of implementing guidance regarding the organization’s preference for using gender-neutral language in all ACB communications and media. Also directs BPI to conduct at least one community call on the use of gender-neutral language and agrees to consult with the Board of Publications on the implementation of this inclusive approach to language.

Resolution 2021-28 directs that ACB continue on the path of diversity, equity, and inclusion by working with the Multicultural Affairs and other appropriate committees to outline and facilitate intentional steps to hire and retain a well-qualified, well-trained and more diverse staff, including a plan to ensure more diverse candidate pools. Also directs ACB’s president to report to the membership, at least twice a year, on ongoing diversity efforts in staff and membership demographics, the number of people of color who are leaders of affiliates and committees, and the ongoing efforts to ensure that all publications and media reflect the diversity of America and our membership.

Resolution 2021-29 expresses ACB’s profound dissatisfaction with the current state of Free Matter for the Blind delivery, and work with the appropriate U.S. postal service staff with expertise in free matter to promote and improve this vital service; and encourages the Postmaster General to ensure that ongoing training is provided to local post office personnel.

Resolution 2021-30 communicates ACB’s dissatisfaction with ABWA and BNI, and requests that these entities make all digital products and services fully accessible to people who are blind or have low vision.

Resolution 2021-33 directs ACB to commit to an organization-wide strategy to seek the prompt enactment of Teddie-Joy’s Law, and to work in coalition with all likeminded stakeholders to launch a multi-year effort to promote such legislation and related public awareness strategies and tactics. Also directs the organization to strongly consider making passage of Teddie-Joy’s Law a primary legislative imperative at the 2022 ACB Legislative Seminar.

Resolution 2021-34 instructs the board of directors to assign the advocacy steering committee the task of drafting a plan to implement this resolution in order to address the mental and emotional health crisis among people with vision loss. 

Resolution 2021-35 directs that ACB call upon NLS to prioritize distribution of this new braille E-reader by revising LOC/NLS policy to allow network libraries to provide secondary preference to braille-reading NLS patrons who are blind and have a severe hearing impairment.

Resolution 2021-36 directs ACB to contact RSA to explore avenues for requiring compliance without harming the ability of state agencies to deliver rehabilitation services, and directs ACB and RSA to send a letter to the National Council of Governors requesting dialogue on how state rehab councils differ from advisory councils, how incomplete SRCs impede RSA-mandated responsibilities such as state agency annual reports and State Plans, how incomplete SRCs damage direct and official consumer input into the rehabilitation of citizens with disabilities in general, and citizens who are blind or have low vision in particular, and a request that governors and other appointing agencies immediately consider pending SRC applications in their state.

Resolution 2021-01

Mandatory Disability Awareness Training for Health Care Workers

 

Whereas, many health care facilities and professionals exhibit a widespread ignorance of the distinct needs, abilities, life experiences and cultural sensitivities of consumers with disabilities, including those who are blind or have low vision; and

Whereas, this widespread ignorance engenders discrimination, inadequate service and reduced health outcomes for consumers with disabilities; and

Whereas, most health care providers receive little or no disability awareness training; and

Whereas, the regulation and training of health care providers is largely a state matter and the manner in which to best undertake advocacy efforts to successfully bring about quality disability awareness training will differ from state to state; and

Whereas, health care facilities include, but are not limited to, hospitals, nursing homes, assisted living facilities, and surgery centers, and professionals refer to individuals working in the medical profession including doctors, therapists, nurses, receptionists, and EMTs;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization urge its state affiliates to strongly consider undertaking advocacy efforts to create disability awareness training requirements for health care facilities, professionals and their staffs; and

Be it further resolved that if a state affiliate decides to work on the issues outlined in this resolution, that the affiliate work with the ACB Get Up and Get Moving campaign.  

Adopted.
Denise Colley, Secretary

Resolution 2021-04

Resolution Addressing Allegations of Sexual Assault, Harassment and Abuse at Blindness Training Centers and Other Rehabilitation Programs

 

Whereas, in recent months, scores of credible allegations have surfaced regarding sexual assault, harassment, and other forms of inappropriate behavior of a sexual nature, as well as charges of bullying and demeaning conduct on the part of students and staff at the Colorado and Louisiana Centers for the Blind residential rehabilitation facilities; and

Whereas, states have authorized expenditures of taxpayer dollars to send consumers who are blind or have low vision, at their request, to those and other residential rehabilitation centers; and

Whereas, there have been anecdotal reports over the years of similar sexual and other misconduct occurring at residential rehabilitation centers as well as other community-based rehabilitation programs throughout the country; and

Whereas, the American Council of the Blind (ACB) views with alarm the growing number of reports of sexual and other forms of abuse committed against consumers who are blind or have low vision throughout the country; and

Whereas, despite the urging of advocates for blind and low vision individuals, there has been little national or statewide effort to address this issue; and

Whereas, the Rehabilitation Services Administration (RSA) has the fiscal oversight, enforcement power, and statutory responsibility necessary to establish standards, mandate compliance, and establish and maintain metrics for funded agencies;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization urge, in the strongest possible language, the Rehabilitation Services Administration to establish comprehensive standards of conduct and ongoing verification that such standards are being adhered to by all residential rehabilitation training centers, community rehabilitation programs (CRP’s) service providers, and all other individuals contracted to provide rehabilitation services to people who are blind or have low vision as part of RSA’s ongoing monitoring processes; and

Be it further resolved that RSA direct state rehabilitation agencies to include in their State Plans policies, procedures, and practices to ensure that documented allegations of sexual misconduct and/or bullying be appropriately investigated, resolved and reported to State Rehabilitation Councils (SRC’s), the consumer entities responsible for providing input and oversight to state rehabilitation departments and commissions, and to RSA; and

Be it further resolved that state rehabilitation departments and commissions serving consumers who are blind or have low vision immediately suspend all approvals for consumers to attend any residential rehabilitation training center for which documented allegations of sexual or other abuse/misconduct have been made until such time as the department or commission determines that the issues arising from any documented allegation have been addressed in accordance with standards to be developed by the state entity and/or RSA pursuant to this resolution; and

Be it further resolved that copies of this resolution be forwarded to all ACB state affiliates for consideration and possible adoption of similar resolutions urging their state rehabilitation departments or commissions to review and update existing policies and procedures related to the handling of documented allegations of sexual and other misconduct, as well as the training of agency staff, staff of all residential rehabilitation centers in the state, staff and contractors associated with community rehabilitation programs, for-profit vendors, and others offering evaluation, equipment set-up and training to blind and low vision consumers; and

Be it further resolved that any such state resolution should include, at a minimum, the following recommendations:

  1. Establish a specific “code of conduct” to which all residential rehabilitation training center staff, vendors, CRPs, and individual service providers will be expected to adhere;
  2. Draft policies and procedures for persons who are blind or have low vision who have experienced sexual assault, harassment, abuse, or bullying to report confidentially such experiences;
  3. Establish an anonymous hotline where survivors of sexual or other misconduct by a vendor, as part of a community rehabilitation program or at a residential rehabilitation training center, can report such misconduct with confidence and privacy;
  4. Identify a single point of contact within the department/commission who shall be responsible for addressing allegations of sexual assault, harassment, and abuse at any of its contracted programs or during provision of services;
  5. Modify the procedure for certifying a CRP or vendor to include all aspects of how allegations of sexual assault, harassment, and abuse are dealt with throughout the consumer’s experience;
  6. Require each for-profit vendor and CRP board to annually certify to the state rehabilitation entity that their business/organization has met the standards which the department/commission has promulgated regarding the reporting, confidentiality, and resolution of all documented allegations of sexual assault, harassment, and abuse;
  7. Develop specific standards for any contracted party who enters the home or domicile of a consumer, with such standards to become part of the state’s annual certification of both for-profit vendors and CRP entities;
  8. Require background checks including Live Scan (fingerprinting) for state department/commission employees, CRP staff who work closely with consumers who are blind or have low vision, and contractors who visit consumers’ places of residence to provide services;
  9. Develop and implement, where lacking, policies and procedures to provide annual training to rehabilitation department/commission staff, personnel of all CRP and for-profit contractors and their executives, utilizing an independent trainer certified and specializing in matters of sexual assault, harassment, abuse, and other forms of misconduct; such training to include the proper investigation and resolution of documented allegations of inappropriate conduct of a sexual nature and other forms of abuse;
  10. Contract with an independent trainer certified and specializing in matters of sexual assault, harassment, abuse, and other forms of misconduct to provide consumers with training on what constitutes sexual misconduct;
  11. Contract with an independent trainer certified and specializing in matters of sexual assault, harassment, abuse, and other forms of misconduct to provide counseling or referrals for counseling services for victims and perpetrators, where appropriate, of such misconduct;
  12. Ensure that information on how to report an incident of sexual or other misconduct is clearly, widely, and constantly available to consumers and service provider employees; and
  13. Report annually to RSA, the state rehabilitation council and/or appropriate blind/low vision advisory body the number and characteristics of instances of sexual assault, harassment, abuse or other forms of misconduct affecting any consumer who is blind or has low vision; such annual reporting to be redacted so as not to disclose confidential or identifying information, but to provide a statistical report of the statewide level of such documented allegations; and

Be it further resolved that the actions contained in, and resulting from, each affiliate’s resolution be reflected in recommendations set forth in that state’s State Plan; and

Be it further resolved that a copy of this resolution be forwarded to advocacy organizations representing people who are blind or have low vision, as well as to entities representing community rehabilitation programs, for-profit vendors, and others offering evaluation, equipment set-up and training to blind and low vision consumers.

Adopted.
Denise Colley, Secretary

Resolution 2021-06

Web Site Access

 

Whereas, access to information on the Internet is an essential part of all aspects of life; and

Whereas, many websites are not accessible to the screen reading and screen magnification software used by people who are blind or have low vision; and

Whereas, it is essential that people who are blind or have low vision have equal access to websites for education, employment, commerce, news, hobbies, and other interests including entertainment; and

Whereas, many website owners and operators may be totally unaware that their sites, and the information contained thereon, are not accessible to and usable by people who are blind or have low vision;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization demand the U.S. Department of Justice to immediately adopt regulations which establish categorical application of the Americans with Disabilities Act (ADA) to all elements of the Internet; and

Be it further resolved, that in developing such regulations, DOJ shall require that WCAG 2.1 level AA or the most current successor versions be the applicable standard; and

Be it further resolved that, if such regulations are not promptly adopted, this organization strongly urge the United States Congress to direct DOJ to develop and implement the regulations demanded in this resolution.       

Adopted.
Denise Colley, Secretary

Resolution 2021-07

Accessibility of Pill Packs for Individuals Who Are Blind or Low Vision

 

Whereas, physicians sometimes prescribe medications to be taken at a particular time of day; and

Whereas, pharmacists are tasked with the responsibility of dispensing the medication as prescribed by the physician; and

Whereas, some pharmacies are using pill packs which are packets that all pills to be taken at a specific time can be bundled together for convenience; and

Whereas, pill packs are meant as a convenience so as to allow people to carry the appropriate doses of their medications with them during the day and are labeled as to when those pills should be taken; and

Whereas, while these labels provide this information to sighted individuals, they are not accessible to individuals who are blind or have low vision; and

Whereas, someone who is blind or has low vision has no independent way of telling which packet they have in their pocket and therefore, which medications they need to take at any given time; and

Whereas, there are easy ways that pill packs could be marked tactilely to allow someone who is blind or has low vision to accessibly tell which pill pack they have with them;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization direct its advocacy and governmental affairs staff to work with ACB’s Advocacy Steering Committee to develop guidelines that can be used to make these pill packs accessible for someone who is blind or has low vision; and

Be it further resolved that this organization urge the access board to reconvene in a manner consistent with the Food and Drug Administration Safety and Innovation Act to update best practices for accessibility of pill packets. 

Adopted.
Denise Colley, Secretary

Resolution 2021-09

Website Overlays

 

Whereas, access to information on the Internet is a civil right and is essential to education, employment, and social inclusion in the 21st century; and

Whereas, people who are blind or have low vision who use assistive technology to navigate the Internet often encounter accessibility barriers that make it difficult or impossible for them to complete a task because the website was not designed to be fully accessible; and

Whereas, several entrepreneurs have created technology that incorporates artificial intelligence to address accessibility issues on a website, and are selling these “solutions,” known as website overlays, to thousands of private companies with the promise that they will make their websites more inclusive, protect their businesses from accessibility lawsuits and make the Internet accessible in a few short years; and

Whereas, in a misguided attempt to make a website experience better, accessibility overlays, instead, create a separate and often inferior experience for website users who are blind or have low vision; and

Whereas, these overlays contribute to the problems they are attempting to solve, by falsely conveying to business owners that they have fulfilled their business obligations and need not do more to improve the accessibility of their websites;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization welcome innovative solutions to the global challenge of inaccessibility on the Internet, but does not support a response that creates a separate experience for users of assistive technology, and

Be it further resolved that true accessibility requires proactive measures and a sustained commitment to inclusion, and cannot be adequately addressed with superficial responses such as website overlays; and

Be it further resolved that any technology designed to help the blindness community must include meaningful feedback from users who are blind or have low vision to ensure that it will not harm the community it purports to serve; and

Be it further resolved that the ACB Information Access Committee determine how best ACB can play a role in remedying the issues discussed in this resolution.

Adopted.
Denise Colley, Secretary

Resolution 2021-10

Spanish

 

Whereas, more than 43 million people in the United States speak Spanish as a first language, and 60 percent of these (about 25 million) according to the Instituto Cervantes, are considered Limited English Proficient; and

Whereas, the number of older people experiencing vision loss is growing significantly due to the “baby boom” population; and

Whereas, health professionals report that Hispanic Americans age 50 and older are at a much higher risk of vision loss due to developing diabetic retinopathy and therefore represent proportionally a higher percentage of the vision loss population; and

Whereas, the American Council of the Blind (ACB) has a very strong commitment to diversity and to that end has established a Multicultural Affairs Committee; and

Whereas, ACB presently does not make any of its information available in Spanish in either braille, print or audio format; and

Whereas, older adults and others whose primary language is Spanish are therefore missing out on receiving vital information due to the language barrier caused by ACB’s English-only formats; and

Whereas, making informational material available in Spanish to the Spanish-speaking community would have the potential of greatly increasing ACB’s membership and broadening its diversity;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that ACB will direct the newly established Spanish Language Subcommittee of the Multicultural Affairs Committee to develop plans, timelines, budget allocations, and priorities to implement initiatives and programs such as but not limited to the following in order to expand ACB’s outreach to the Spanish speaking community beginning in 2022:

  • Offer programming in Spanish on one or more of the channels on ACB Media;
  • Hire a Spanish-speaking bilingual staff person who, in addition to administrative/office duties, will be responsible for answering calls from individuals whose primary language is Spanish;
  • Provide Spanish language translation of the material on the ACB.org website;
  • Provide Spanish language translation of the Braille Forum and E-Forum, Dots and Dashes and the Washington Connection; and

Be it further resolved that ACB charge the Multicultural Affairs Committee and ACB Membership Committee with the task of developing a set of recommendations on how to effectively outreach to and recruit individuals who are blind or have low vision whose principal language is Spanish.

Adopted.
Denise Colley, Secretary

Resolution 2021-11

PBS Audio Descriptive Content

 

Whereas, audio description of television programming, in which snippets of informative language are made available via the SAP channel to describe visual content, has become an important part of everyday life for many people who are blind or have low vision; and

Whereas, WGBH, a Public Broadcasting Service (PBS) affiliate, was instrumental in developing audio description and bringing it to its maturity; and

Whereas, the first national television broadcast ever to be aired with audio description was Eugene O’Neill’s “Strange Interlude” on PBS’ American Playhouse, January 18, 1988; and

Whereas, for more than 30 years, PBS has continuously and consistently shown its commitment to audio description by offering many of its major series with this most beneficial feature; and

Whereas, it had long been the practice of PBS to note which of its programs had audio description both on its website and in its monthly magazine that is distributed in major markets around the United States; and

Whereas, in 2018, PBS abruptly and inexplicably ceased this practice; and

Whereas, in 2009, PBS launched a streaming portal, PBS Video, that allows its viewers to watch programs they may have missed or re-watch some of their favorites, but this service does not include audio description even though it does include iconic series that were originally broadcast with audio description; and

Whereas, in April 2021, PBS enabled local stations to produce past programming using the audio-description track, but the availability of such programming is strictly up to these content producers; and

Whereas, these failures are especially egregious, and potentially even illegal under Section 504 of the Rehabilitation Act of 1973 as amended, in light of the fact that PBS is a recipient of federal funds; and

Whereas, it is completely baffling to the members of the American Council of the Blind why such a well-respected organization such as the Public Broadcasting Service with a long-standing commitment to audio description would cease to notify its viewers of the availability of audio description and not include audio description on its streaming service;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization urge PBS to immediately recommence the practice of noting which programs contain audio description in all PBS publications and, at a minimum, include audio description on all PBS Video programming that originally contained an audio description track.

Adopted.
Denise Colley, Secretary

Resolution 2021-12

Accessible Telehealth

 

Whereas, the use of telehealth was slowly growing in popularity prior to the COVID-19 pandemic; and

Whereas, with the advent of that pandemic, the use of telehealth appointments by health care practitioners increased exponentially and often became the required mode for an appointment; and

Whereas, health care providers have been conducting telehealth appointments through video platforms, landlines and cell phones of all types; and

Whereas, patients who are blind or have low vision are often denied medical appointments because they are unable to use telehealth options because video platforms are often inaccessible even to those who use a computer or smartphone; and

Whereas, denial of access to medical services violates provisions of federal and state laws, including but not limited to Section 1557 of the Patient Protection and Affordable Care Act, Section 504 of the Rehabilitation Act of 1973 as amended, Title III of the Americans with Disabilities Act and the privacy protections under the Health Insurance Portability and Accountability Act; and  

Whereas, this denial of medical care can place patients in life-threatening situations; and

Whereas, in addition, this denial of medical care frequently requires patients who are blind or have low vision to use expensive, time-consuming and inconvenient alternatives, including emergency rooms;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that all health care practitioners using telehealth offer an accessible, WCAG compliant telehealth option and alternative that offers effective communication to all people who are blind or have low vision; and

Be it further resolved that all ACB state affiliates be urged to advocate on the issues presented in this resolution with their state’s medical licensing agencies and local healthcare providers; and

Be it further resolved that ACB assist people who are blind or have low vision who may need assistance in advocating with their health care practitioner to obtain an accessible telehealth option.

Adopted.
Denise Colley, Secretary 

Resolution 2021-13

DOT Air Travel Forms

 

Whereas, the U.S. Department of Transportation (DOT) recently promulgated regulations that allow airlines to require passengers traveling with guide or service dogs to fill out and submit forms prior to travel, attesting to the good health, training and appropriate behavior of their dogs; and

Whereas, although DOT has specified the questions that airlines may ask on the new forms, the Department has left it to the airlines to determine how to make these forms available to their passengers and has provided neither mandate nor guidance to the airlines concerning the need to make the process of completing and submitting the forms accessible to people who are blind or have low vision; and

Whereas, Guide Dog Users, Inc. (GDUI) maintains that DOT’s lack of concern for accessibility is short-sighted and unacceptable; and

Whereas, a majority of the airlines operating in the U.S. have now taken advantage of the opportunity to require passengers traveling with guide and service dogs to submit these forms each time they travel; and

Whereas, since the imposition of these requirements, GDUI has received numerous reports from passengers who travel with guide dogs, that they are unable to complete and submit the required forms independently, because airline websites frequently contain accessibility barriers for screen reader users; and

Whereas, GDUI has also received reports that people who contact airlines by telephone, or approach gate agents in person at airports to ask questions about the new requirements, or request assistance in filling out the new forms, have often received inaccurate information or inadequate assistance;

Now, therefore, be it  resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August 2021, that Guide Dog Users, Inc., (GDUI), together with the American Council of the Blind, its officers, directors and staff, advise the U.S. Department of Transportation to immediately inform airlines that the Department expects them to ensure that both the processes of completing and submitting their service dog travel forms are accessible to persons who are blind or have low vision, and that they must validate the accessibility of these processes through user testing; and

Be it further resolved that ACB along with its affiliate GDUI recommend that DOT compel airlines to provide their personnel with appropriate training in how to advise prospective passengers about the new requirements and, upon request, provide assistance with filling out the new forms; and

Be it further resolved that these organizations utilize their media resources to encourage guide dog users who are unable to complete and submit forms, or encounter other accessibility barriers related to the implementation of these forms by airlines, to file formal complaints with DOT; and

Be it further resolved that the airlines make completion of this form be integrated into the ticket reservation process; and

Be it further resolved that ACB and its affiliate GDUI offer assistance to individuals wishing to file such complaints who need assistance completing the process.

Adopted.
Denise Colley, Secretary

Resolution 2021-15

Recognizing the American Foundation for the Blind in Light of Its Centennial

 

Whereas, the American Foundation for the Blind (AFB) was founded on September 23, 1921, to help blinded veterans returning from World War I, with support from American philanthropist M.C. Migel; and

Whereas, in 1924, author and activist Helen Keller joined AFB as its champion, setting forth a legacy of superlative advocacy that lasted 44 years and reverberates to this day; Keller traveled the country, fighting for the expansion of rights and services for blind Americans, speaking in front of state legislatures, and demanding the creation of state commissions for people who are blind; and

Whereas, in the 1930s, AFB pioneered the Talking Book, advent of the modern audiobook, paving the way for today’s accessible technology; and

Whereas, by the 1940s, AFB created a governmental relations office in Washington, D.C., to ensure a permanent presence on Capitol Hill and to monitor all federal activities with an impact on blindness and related issues; the organization is now headquartered there; and

Whereas, by the 1970s, AFB played a major role in the passage of the Individuals with Disabilities Education Act (IDEA), which created comprehensive curriculum guidelines and ensures that children who are blind or have low vision have the right to free and appropriate education via the U.S. public education system; and

Whereas, AFB played an active role within the Consortium for Citizens with Disabilities that was one of the driving forces in the passage of the landmark legislation American with Disabilities Act in 1990; and

Whereas, AFB continues its work every day to create a world of no limits for people who are blind or have low vision by promoting and engaging in research with wide-scale impact, developing and sharing knowledge, and pursuing strategic relationships with those who can accelerate change in every area of society; and

Whereas, AFB will be holding a special ceremony in September 2021, to create a time capsule commemorating its first 100 years;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization congratulate the American Foundation for the Blind on providing 100 years of advocacy, research, and collaboration to create a world of no limits for people who are blind or have low vision; and

Be it further resolved that AFB collaborate with ACB and the entire blindness community to forge a path of innovation and inclusion for AFB’s second century of service; and

Be it further resolved that a copy of this resolution be provided to the American Foundation for the Blind for inclusion in the 2021 time capsule for AFB’s Centennial Celebration.

Adopted.
Denise Colley, Secretary

Resolution 2021-16

Accessible Programs at the VA

 

Whereas, the United States Department of Veterans Affairs (VA) employs a number of personnel who are blind or have low vision whose roles within the agency allow the VA to serve United States veterans in a wide range of capacities and to provide many diverse services to these veterans and their families; and

Whereas, these employees who are blind or have low vision rely upon assistive technologies, including but not limited to screen readers, screen magnification, and speech recognition software, to accomplish the essential functions of their jobs; and

Whereas, employees are entitled to these reasonable accommodations under the Americans with Disabilities Act (ADA); and

Whereas, these employees are required to utilize a number of database and software applications, many of which do not work seamlessly with the assistive technology they utilize; and

Whereas, the VA has, in the past, contracted to provide additional one-on-one and group training and remote and on-site assistance to assist these employees in using largely inaccessible database programs and other applications with their assistive technology; and

Whereas, the VA employed professionals to write scripts to make inaccessible software more accessible with assistive technology; and

Whereas, the VA has provided step-by-step instructions for using otherwise, inaccessible databases and other applications for employees who utilize screen magnification, screen readers, and speech-to-text assistive technologies; and

Whereas, these interventions allow problems associated with newly purchased software and software updates which do not work seamlessly with the assistive technologies, to be addressed and resolved quickly; and

Whereas, the Department of Veterans Affairs has indicated that they are in a transition period at the end of which they expect more developers of inaccessible applications to have repaired accessibility problems associated with their software; and

Whereas, during this transition period, the VA, through its Section 508 Office, provides assistance aimed at promoting accountability within the VA to ensure that applications meet Section 508 accessibility standards; and

Whereas, notwithstanding these efforts, it is the view of some VA employees who are blind or have low vision that the training and services provided during this transition period are insufficient to enable these employees to adequately perform the essential functions of their jobs, and thus threaten their continued employment; and

Whereas, the Blinded Veterans Association has made appropriate recommendations to the VA on the concerns expressed in this resolution;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization collaborate with the Blinded Veterans Association concerning the need to ensure that, during this transition period, VA employees who are blind or have low vision receive the training, services and performance equity protections they need to enable them to continue performing the essential functions of their positions, and thus ensure their continued employability with the VA; and

Be it further resolved that, if the VA is not responsive to the concerns expressed in this resolution, this organization inform the appropriate Congressional oversight committees of these issues.

Adopted.
Denise Colley, Secretary

Resolution 2021-18

Medicaid Home and Community-Based Services

 

Whereas, for many years, the federal Medicaid program has authorized and funded, through state Medicaid waiver programs, the provision of Home & Community-Based Services (HCBS) for Medicaid recipients with disabilities and medical conditions; and

Whereas, these services are generally aimed at enabling program recipients to avoid the high cost of institutionalization and age in place in their own homes or in community settings; and

Whereas, with few exceptions, states have not used this authority to provide services targeted to people who are blind or have low vision; and

Whereas, examples of home and community-based services that should be targeted to older adults with vision loss through the Medicaid program include such services as orientation and mobility training; daily living skills training, including cooking, cleaning and the ability to avoid medication use errors; reader assistance; technology, including assistive technology; and housing modifications; and

Whereas, the recently enacted American Rescue Plan Act contained a significant one-time Medicaid funding increase for states to use for the provision of home and community-based services; and

Whereas, in order for a state to claim and expend these funds, the state was required to submit a spending plan by early summer for review and approval by the federal Centers for Medicare and Medicaid Services (CMS); and

Whereas, although the deadline for federal plan review and approval has technically passed, it is our understanding that many states have not yet received this review; and

Whereas, even in those states for which review has already been completed, funds do not need to be expended until January 1, 2024, giving states opportunities to modify, within the bounds of their plan, the details on funding expenditures through legislative or administrative action; and

Whereas, the availability of these funds, together with the need for developing a plan for their use, has created the opportunity for states to devise new strategies and innovative services to better meet the needs of Medicaid recipients, and to more effectively define and deliver the HCBS on which their health, safety, social participation, independence and ability to remain in their own homes and communities so often depend; and

Whereas, the dramatically under-funded Older Individuals who are Blind (OIB) program is estimated to provide not more than 3% of the need for the types of home and community-based services required by adults who are blind or have low vision to remain in their home or community settings; and

Whereas, data from the OIB program clearly supports the necessity for states to use Medicaid HCBS funding to target the needs of adults with vision loss by providing the services described above in this resolution; and

Whereas, the provision of HCBS targeted to adults who are blind or have low vision is especially important during this pandemic because it enables Medicaid recipients to avoid the high risk of contracting COVID-19 when placed in congregate living facilities; and

Whereas, guidance to states by CMS concerning the value of including HCBS targeted to Medicaid recipients who are blind or have low vision offers an unprecedented opportunity for a major expansion of the role of these services in the lives of this population, through improving health, safety and social participation, by preventing nursing home placements or enabling the transition from institutional settings back into the community, and by enabling such individuals to live more independently;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that the American Council of the Blind immediately make known to CMS the degree to which HCBS targeted at Medicaid recipients who are blind or have low vision will meet the goals of the Medicaid program and enhance the lives of this population; and

Be it further resolved that ACB urge CMS, in implementing its oversight of state Medicaid funds, including those under the American Rescue Plan Act, to issue guidance to states concerning the value of targeting these services to recipients who are blind or have low vision; and

Be it further resolved that ACB urge its affiliates to advocate for the use of Medicaid funds, including American Rescue Plan Act funding, for home and community-based services targeted at the needs of Medicaid recipients who are blind or have low vision.

Adopted.
Denise Colley, Secretary

Resolution 2021-21

Voter Suppression of People with Disabilities

 

Whereas, during recent elections, organizations of and for people with disabilities have identified a large number of barriers to effective voting for people with disabilities, including those who are blind or have low vision; and

Whereas, a number of states have passed laws during 2021 which have done nothing to ameliorate these shortcomings and, indeed, have actually made access to private, independent verifiable voting more difficult for people with disabilities; and

Whereas, federal and state laws as well as court decisions clearly call upon states to assure that people with disabilities are able to vote privately, verifiably and independently without endangering either their medical condition or their access to the polls; and

Whereas, in many jurisdictions, information regarding elections is frequently unavailable in accessible formats; and

Whereas, the net effect of both the current practices in virtually all jurisdictions and of the new laws being passed constitutes blatant suppression of the right to vote for people with disabilities, including those who are blind or have low vision;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization work with its advocacy services committee to develop a list of best practices which can be shared with ACB’s state affiliates and local chapters; and

Be it further resolved that, among other things, the best practices shall cover access to polling places during early voting and on Election Day, the availability of accessible vote-by-mail ballots including electronic return, effective access to voter registration, sample ballot information and other responsibilities of county authorities, and state and local legislation and regulations that provide for appropriate treatment for people with disabilities during all elements of the voting process which take into account medical conditions that might otherwise limit appropriate participation in federal, state and local elections.

Adopted.
Denise Colley, Secretary

Resolution 2021-22

Text-to-Speech and the Voicing of Audio Description

 

Whereas, audio description is an auxiliary service which provides effective communication of the key visual elements of video programming for people who are blind or experiencing vision loss; and

Whereas, the American Council of the Blind has been an influential supporter of the development and expansion of audio description for many decades; and

Whereas, we are as concerned with the quality of audio description as we are with the quantity of audio description available; and

Whereas, we encourage the production of audio description in ways that are of the highest quality, not simply what is acceptable; and

Whereas, poor quality in the production of audio description can distract from rather than enhance, ultimately discouraging people from the use of audio description; and

Whereas, we believe that high quality in audio description for films and videos is critical no matter whether the media is new or was created many years ago; and

Whereas, the appropriate voicing of audio description is done with nuance and attention to the images on screen, and careful attention to the phrasing in the writing of the description, and it has yet to be shown that a text to speech (TTS) system (synthetic speech) is capable of capturing the same subtle variations in vocal tone that a trained AD voice talent provides; and

Whereas, academic studies on the issue of TTS for audio description reveal that audio description voiced by trained audio description voice talents is preferred and is more effective at conveying an understanding and appreciation of the visual elements; and

Whereas, technical specifications regarding audio quality with the use of TTS are inferior; and

Whereas, parity with sighted people is a core value of the American Council of the Blind — the use of TTS would never be deemed acceptable for sighted people, as if titles could be released with less fidelity, video or audio, and assume that the sighted public would accept it; and

Whereas, the substantial use of TTS in the voicing of audio description will impede employment opportunities for the many blind or low-vision voice talents who work on audio description;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization make known its full support for and advocate for the use of human voices in the voicing of audio description for cinema and narrative video or streaming; and

Be it further resolved that this organization lend its assistance, where feasible, to affiliates undertaking such advocacy efforts.

Adopted.
Denise Colley, Secretary

Resolution 2021-23

Conference Requirements for Accessible Materials

 

Whereas, conferences sponsored by universities or other institutions are covered by the Americans with Disabilities Act (ADA) and, when applicable, by state anti-discrimination statutes; and

Whereas, all conference participants have a legal right to have conference materials, including papers, presentation slide decks and other content, provided in formats accessible to them; and

Whereas, electronic accessibility standards, such as WCAG 2.0/3.0 exist to provide a uniform environment for users and creators of conference content; and

Whereas, requiring that conference content be available to participants in accessible formats promotes both awareness of accessibility issues and familiarity with tools, technologies and practices that make it easy to deliver content in accessible formats; and

Whereas, gatherings such as the American Council of the Blind conference and convention offer vendors, sponsors, presenters and audience members unique opportunities to demonstrate understanding of and ability to implement accessibility standards and to validate their approaches with consumers of their efforts; and

Whereas, timely establishment of standards allows conference presenters lead time to meet the obligations of complying with accessibility standards for future events; and

Whereas, the CSUN Assistive Technology Conference, despite repeated attempts by attendees to urge it to require slide decks and other materials to be made accessible, have refused to take such action;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization specifically communicate with the CSUN Assistive Technology Conference to urge them to immediately require all presentations, including digital content, be made accessible to people who are blind or have low vision.

Adopted.
Denise Colley, Secretary

Resolution 2021-24

ACB Permanent Broadband Benefit Resolution

 

Whereas, the COVID-19 pandemic has demonstrated the increased need for universal broadband connectivity and digital inclusion programs for persons with disabilities to achieve equitable access to basic amenities such as public safety, transportation systems, public accommodations, and other vital services; and

Whereas, access to high-speed broadband service is critical for education, healthcare, employment, civic opportunity, and other functions necessary for participation in the modern, digital era both during and beyond the COVID-19 pandemic, especially for persons living with disabilities who experience lower rates of broadband adoption; and

Whereas, in the United States, people with disabilities are almost three times less likely to use the Internet than those without disabilities, in part, either because they are not able to afford service or because they lack the digital literacy skills necessary to access the Internet; and

Whereas, as a result of these barriers, the nation’s “digital divide” is more pronounced amongst disabled persons, and rates of adoption are even worse for those persons with disabilities that are members of other marginalized groups such as older Americans, low-income households, and communities of color, among others; and

Whereas, one barrier to broadband adoption is the inability for low-income households to afford Internet service; and

Whereas, those living with disabilities are more than twice as likely to be unemployed than their non-disabled peers and thus more likely to live on a low or fixed income, further diminishing their likelihood of adopting home broadband service; and

Whereas, while the FCC’s Lifeline program helps millions of people adopt and maintain broadband and telephone service, additional government resources are now required to facilitate the swift, substantial, and sustainable shift of more low-income Americans to broadband connectivity; and

Whereas, the Emergency Broadband Benefit (EBB) passed by Congress in December 2020 was an important first step in helping economically vulnerable households stay connected during COVID-19, it is a temporary program designed only for use during the pandemic; and

Whereas, the federal government has never adopted a robust, permanent, and coordinated program to address the affordability challenge, and doing so will aid in connecting more residents with disabilities to critical broadband service;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that the American Council of the Blind support and urge Congress to adopt a long-term, federally funded broadband benefit program, managed and administered by the FCC, to provide low-income individuals with enhanced financial support for broadband after the pandemic ends; and

Be it further resolved that, in order to ensure dependable and consistent funding for this program, Congress should codify and fund it through mandatory directed spending as other entitlement programs are, instead of subjecting it to an annual discretionary appropriations process; and

Be it further resolved that, in addition to this program, Congress must renew its commitment to federal digital inclusion programs, as they are highly effective in helping persons living with disabilities to gain the skills and confidence necessary to thrive in the digital age.

Adopted.
Denise olley, Secretary

Resolution 2021-25

Accommodations Provided to Olympic and Paralympic Athletes with Disabilities

 

Whereas, Rebecca Meyers, a swimmer who is deaf-blind, was forced to withdraw from participation in the 2020 Paralympic games in Tokyo, Japan because the U.S. Olympic and Paralympic Committee (USOPC) denied her reasonable accommodation request to have a Support Services Provider (SSP) accompany her; and

Whereas, this accommodation was necessary to enable her to compete in the games; and

Whereas, the USOPC is a non-profit organization chartered by the United States Congress; and

Whereas, individuals with disabilities must be provided reasonable accommodations as long as such accommodations do not fundamentally alter the nature of the organization’s activity; and

Whereas, Ms. Meyers has had an SSP accompany her and provide assistance during other USOPC-sanctioned competitions and related events; and

Whereas, in 2021, denying Ms. Meyers her requested reasonable accommodation is completely unacceptable; and

Whereas, it is essential that the USOPC have clearly defined standards for providing accessible facilities and reasonable accommodations; and

Whereas, these standards must be clearly communicated to current and future Olympic and Paralympic athletes, members of Congress and the general public; and

Whereas, ACB’s Sight and Sound Impaired (SASI) committee is charged with advocating for individuals who live with a combined vision and hearing loss;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization strongly condemn the denial of the reasonable accommodation request by Rebecca Meyers; and

Be it further resolved that ACB and its SASI committee engage in an ongoing dialogue with the USOPC to develop and adhere to a transparent and ADA-compliant reasonable accommodations policy and process (inclusive of auxiliary communication requests); and

Be it further resolved that such policy and process ensure, at a minimum, that athletes who are deaf-blind will be permitted to have an SSP accompany them to all future competitions and related events sanctioned by the USOPC; and

Be it further resolved that, if the USOPC does not expeditiously comply with this resolution, ACB refer this matter to the appropriate Congressional oversight committees.

Adopted.
Denise Colley, Secretary

Resolutions 2021-26

Inclusive Language in Communications

 

Whereas, the American Council of the Blind prohibits discrimination based on race, national origin, gender, sexual orientation, religion, political affiliation, disability, and age; and

Whereas, the American Council of the Blind has begun to collect demographic information from their members, including both gender-specific and gender-neutral information, depending upon each member’s personal identity, to include this information in membership databases; and

Whereas, the American Council of the Blind, through its Board of Publications, has already begun considering how to promote and endorse the use of gender-neutral language in ACB communications; and

Whereas, recent guidance promulgated in the Associated Press Style Book (as long ago as 2017), which ACB refers to with respect to ACB-generated written materials, embraces the use of “they/their” as a gender-neutral singular pronoun;

Now, therefore, be it resolved by the board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization urge the ACB Board of Publications and writers and editors who produce written communications and other media reflecting the values of the ACB to explore ways of implementing guidance regarding the organization’s preference for using gender-neutral language in all ACB communications and media; and

Be it further resolved that BPI conduct at least one community call on the use of gender-neutral language and agrees to consult with the Board of Publications on the implementation of this inclusive approach to language.

Adopted.
Denise Colley, Secretary

Resolution 2021-28 

Diversity, Equity, and Inclusion

 

Whereas, the American Council of the Blind (ACB) is comprised of members from all walks of life and all races and ethnicities; and

Whereas, for the past 60 years, ACB has been the leading consumer organization of people who are blind or have low vision and which prides itself on the diversity of its membership; and

Whereas, the National Council of Nonprofits, through extensive research, has demonstrated that embracing diversity and inclusion promotes the overall well-being of nonprofit organizations; and

Whereas, ACB has already begun taking steps to embrace diversity, equity, and inclusion by doing such things as providing diversity training to both the membership and staff, and hiring several people of color; and

Whereas, the ACB staff should reflect the diversity of the membership and ultimately, of America;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that ACB continue on the path of diversity, equity, and inclusion by working with the Multicultural Affairs and other appropriate committees to outline and facilitate intentional steps to hire and retain a well-qualified, well trained and more diverse staff, including a plan to ensure a more diverse candidate pools; and

Be it further resolved that the ACB president report to the membership, at least twice a year, on ongoing diversity efforts in staff and membership demographics, the number of people of color who are leaders of affiliates and committees, and the ongoing efforts to ensure that all publications and media reflect the diversity of America and our membership.

Adopted.
Denise Colley, Secretary

Resolution 2021-29

Free Matter for the Blind

 

Whereas, since 1904 (117 years) people who are blind or have low vision have depended on the Free Matter for the Blind mailing option to receive valuable materials; and

Whereas, the National Library Service uses free matter to distribute many of its materials; and

Whereas, the past few years have seen a marked deterioration and delay in delivery of materials mailed under the free matter option; 

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that ACB express its profound dissatisfaction with the current state of Free Matter for the Blind delivery, and work with the appropriate U.S. postal service staff with expertise in free matter to promote and improve this vital service; and

Be it further resolved that, as part of this effort, the Postmaster General is encouraged to ensure that ongoing training is provided to local post office personnel.

Adopted.
Denise Colley, Secretary

Resolution 2021-30

Website and App Access

 

Whereas, some business membership entities, including American Business Women’s Association (ABWA) and Business Network International (BNI) have, in spite of repeated requests, refused to make their programs and curricula accessible to members who are blind or have low vision; and

Whereas, this has meant that such members are unable to receive certificates for online course completion and other benefits, which has had a serious impact on potential career advancement;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that ACB communicate its dissatisfaction with ABWA and BNI and request that these entities make all digital products and services fully accessible to people who are blind or have low vision.

Adopted.
Denise Colley, Secretary

Resolution 2021-33

Teddie-Joy’s Law

 

Whereas, the vision loss community, including the American Council of the Blind (ACB), other advocacy organizations, as well as provider organizations, has developed comprehensive legislation, named in honor of Teddie-Joy Remhild, a long-time member of ACB, one of the founders of its older adult affiliate the Alliance on Aging and Vision Loss, and a tireless advocate for older adults with vision loss; and

Whereas, this wide-ranging, programmatic legislation was developed to holistically address the need for a nationwide and well-funded strategy to more effectively address the unique needs and capabilities of this dramatically underserved and rapidly increasing population of older Americans experiencing vision loss; and

Whereas, this legislation is consistent with ACB’s long-time recognition of the complete failure of the federal government to adequately address this unmet service need;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that ACB commit to an organization-wide strategy to seek the prompt enactment of Teddie-Joy’s Law and to work in coalition with all likeminded stakeholders to launch a multi-year effort to promote such legislation and related public awareness strategies and tactics; and

Be it further resolved that this organization strongly consider making passage of Teddie-Joy’s Law a primary legislative imperative at the 2022 ACB Legislative Seminar.

Adopted.
Denise Colley, Secretary

Resolution 2021-34

Promotion of Mental and Emotional Health and Well-Being as an Organizational Priority

 

Whereas, the experience of ACB members and others throughout the vision loss community with addiction, mental and emotional health, and related challenges requires an urgent and multifaceted response by ACB to address stigma, create a welcoming environment, and include this topic as a meaningful part of our commitment to diversity, equity and inclusion; and

Whereas, this organization has paid little attention to the crisis of mental and emotional health and well-being among people with vision loss; and

Whereas, the specific challenges and service needs relating to the mental health and well-being of individuals with vision loss are largely ignored or misunderstood by the mental health system in this country;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that the board of directors assign to the advocacy steering committee the task of drafting a plan to implement this resolution in order to address this crisis. 

Adopted.
Denise Colley, Secretary

Resolution 2021-35

E-Reader Prioritization for Deaf-Blind Patrons

 

Whereas, the Helen Keller National Center reports that there are between one million and 2.4 million Americans who have both vision loss and hearing loss; and

Whereas deaf-blindness refers to the combination of hearing and visual loss that severely impedes communication, education, employment, and independent living; and

Whereas, braille is a vital communication tool for persons who are both blind and have a severe hearing impairment; and

Whereas, the National Library Service for the Blind and Print Disabled (NLS) is in the process of making available to patrons a portable electronic braille reading device, called the E-reader; and

Whereas, such a device would be of paramount utility and importance to braille-reading NLS patrons who are deaf-blind;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization call upon NLS to prioritize distribution of this new braille E-reader by revising LOC/NLS policy to allow network libraries to provide secondary preference to braille-reading NLS patrons who are blind and have a severe hearing impairment.

Adopted.
Denise Colley, Secretary

Resolution 2021-36

Appointments to State Rehabilitation Councils

 

Whereas, Congress amended the Rehabilitation Act in 1992 and included provisions to empower consumers with disabilities to be more active participants in their own rehabilitation; and

Whereas, under these amendments, all state rehabilitation agencies are required to have an independent 15-member, consumer-led, disability majority State Rehabilitation Council (SRC) to serve as the voice of consumers in the rehabilitation system; and

Whereas, the governor or legislature in each state is federally mandated to appoint members to serve on SRCs in their state, and RCs are required to report annually on their board’s activities to the rehabilitation Services Administration (RSA), which can withhold Title I federal vocational rehabilitation funding to Designated State Agencies (DSAs) that fail to comply; and

Whereas, the regulations implementing the Rehabilitation Act do not specify a time frame for making appointments to SRCs and do not explicitly require appointments to be timely; and

Whereas, excessive delays in appointments to SRCs, often lasting for years, have been reported in multiple states over the past three decades, resulting in SRCs that are effectively disempowered, particularly when they cannot meet quorum, perform their assigned duties, or represent consumers with disabilities as intended; and

Whereas, governors and state legislatures are not accountable to the RSA; and

Whereas, the threat of withholding funding for non-compliant agencies has not been effective because DSAs do not control the appointment process, the RSA rarely if ever withholds funding, and because the loss of funding would ultimately be borne by consumers in the form of service reductions; and

Whereas, the goal of having full representation of citizens who are blind in the rehabilitation system has not yet been adequately realized; 

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that ACB contact RSA to explore avenues for requiring compliance without harming the ability of state agencies to deliver rehabilitation services; and

Be it further resolved that ACB and the RSA will send a letter to the National Council of Governors requesting dialog with emphasis on:

  1. How SRCs differ from Advisory Councils,
  2. How incomplete SRCs impede RSA-mandated responsibilities such as state agency annual reports and State Plans
  3. How incomplete SRCs damage direct and official consumer input into the rehabilitation of citizens with disabilities in general, and citizens who are blind or have low vision in particular; and
  4. A request that governors and other appointing agencies immediately consider pending SRC applications in their state; and

Be it further resolved that copies of these communications be sent to organizations such as NCIL, BVA, CSAVR, NCSAB, NCSRC, VSA, and NFB with requests for dialogue about ways to improve the appointment process in the future.

Adopted.
Denise Colley, Secretary

Addendum:

Text of the Referred Resolutions

 

Resolution 2021-02 was considered by ACB’s Board of Directors and referred to the Information Access Committee. Resolution 2021-03 was considered by ACB’s Board of Directors, but it did not pass. We include these resolutions solely for your information.

 

Referred to the Information Access Committee

Resolution 2021-02

Apple Updates

 

Whereas, Apple is currently at the forefront of accessibility; and

Whereas, it can be argued that there has been no mainstream technology company that has been as forward-thinking in the accessibility arena as Apple; and

Whereas, due to this forward thinking and commitment to accessibility, Apple products have become pervasive among users who are blind or have low vision; and

Whereas, despite this highly commendable record, when Apple updates iOS, iPhone users who are blind or have low vision frequently encounter accessibility issues that need to be remedied in future updates; and

Whereas, these issues challenge the ability of people who are blind or have low vision to access information, complete essential employment tasks, or complete daily living tasks; and

Whereas, Apple allows for the release of iOS updates despite their knowledge that there are accessibility issues;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August, 2021, that this organization strongly urge Apple to prioritize remediation of reported accessibility issues before the release of an iOS update; and

Be it further resolved that the ACB information access committee develop a relationship with Apple to share accessibility concerns and proposed solutions; and

Be it further resolved that Apple be asked to include a listing of known accessibility issues contained in updates that will affect users who are blind or have low vision and a timeline when these issues are likely to be remedied.

This resolution was referred to the Information Access Committee.

 

Did not pass

Resolution 2021-03

The Inaccessibility of the Pentair ScreenLogic Connect App for Pools and Spas

 

Whereas, the Pentair ScreenLogic Connect app is a pool and spa control smart phone application developed to allow residential pool and spa owners to manage their systems with ease; and

Whereas, the ScreenLogic Connect app is advertised as a way to perform all the same pool/spa maintenance functions as one would from the main pool/spa operating system; and

Whereas, the proper and regular functions of managing, monitoring, and controlling are essential to the longevity of pools and spas, and the health and safety of pool and spa users; and

Whereas, there has been minimal accessibility through the Alexa skill portion of this app that has been shown to be unreliable for users who are blind or have low vision; and

Whereas, this concern has been communicated to Pentair, who has been non-responsive in remedying the inaccessibility of their ScreenLogic app; and

Whereas, in June, the California Council of the Blind sent a resolution and letter to Pentair on this topic and to date, no response has been received; and

Whereas, as a result of this inaccessibility, pool and spa owner who are blind or have low vision may well be forced to incur additional costs for pool and spa maintenance,

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 31st day of August 2021, that this organization strongly urge Pentair to make the ScreenLogic Connect app accessible for users who are blind or have low vision; and

Be it further resolved that this organization urge Pentair to collaborate with the American Council of the Blind to remedy this discriminatory situation; and

Be it further resolved that, if Pentair does not make ScreenLogic Connect fully accessible, that this organization explore all other remedies, including legal action.

Did not pass.

 

Referred to GDUI and the Advocacy Services Committee

Resolution 2021-14

Emotional Support Animals

 

Whereas, the Americans with Disabilities Act (ADA) does not accord users of emotional support animals the same access rights to public places as users of service animals possess; and

Whereas, medical doctors, psychiatrists and psychologists lack an understanding of the difference between a service animal and an emotional support animal, including the complex interdependent relationships which must exist between a person with a disability and their service animal in order for this team to function appropriately in public, and the handler’s inherent responsibility for the animal’s public behavior; and

Whereas, people with disabilities partnered with service animals suffer negative consequences such as dog attacks by untrained and poorly controlled emotional support animals   and public backlash; and

Whereas, the above-mentioned healthcare professionals routinely disregard these consequences when issuing emotional support animal prescriptions; and

Whereas, very few states have thus far adopted laws or implemented regulations which insure that emotional support animal prescrptions are appropriately controlled;

Now, therefore, be it resolved by the Board of Directors of the American Council of the Blind, assembled telephonically on the 29th day of September, 2021, that this organization, with the assistance of Guide Dog Users, Inc. (GDUI), develop a template which can be shared with state affiliates for the regulation of emotional support animal certification and prescription; and

Be it further resolved that this organization, with the assistance of GDUI, develop strategies that can be implemented to broaden the understanding of health care professionals concerning service animals and emotional support animals.

This resolution was referred to GDUI and ACB’s advocacy services committee.

 

Referred

Resolution 2021-31

TVI Registry Resolution

 

Whereas, a purported National Registry for Teachers of Students with Visual Impairments (the Registry) has been launched in 2021 by an organization operating under the name Success Beyond Sight; and

Whereas, the stated purposes of the Registry are to gain better understanding of the current nationwide number and related characteristics of teachers of students with visual impairments (TVIs), to meet an alleged unaddressed need for a national voice on behalf of TVIs, and to allow researchers to more fully analyze and describe current and future needs for teacher preparation programs and funding; and

Whereas, the Registry is a fundamentally flawed, potentially dangerous, and redundant mechanism for achieving these declared intended results; and

Whereas, a TVI’s participation, or lack of participation, in the Registry places the TVI in significant potential professional jeopardy in that ill-informed, mislead, malicious, or even well-intended parents, hiring authorities, fellow colleagues, administrators and others have no meaningful guardrails against drawing unwarranted conclusions about a given TVI’s performance, commitment to community involvement, or even basic qualifications; and

Whereas, all TVIs who participate in the Registry are encouraged to proudly display a digital badge via electronic communications and social media indicating their registration, a badge that can be all too easily misrepresented and/or misconstrued as a micro-credential or other attestation of competency; and

Whereas, participating TVIs who are fully state licensed and who may have even completed doctoral training, along with participating TVIs having no appreciable recognition by competent authority and possessing barely minimal qualifications or experience, are equally encouraged to display the digital badge and are listed side by side in public-facing Registry search results without distinction; and

Whereas, the Registry is entirely vulnerable to the inclusion of individuals claiming to be TVIs but who possess no training, credentials or experience whatsoever and who indeed may even be fictitious persons or imposters; and

Whereas, the Registry’s profound limitations have the potential to place particularly vulnerable children with vision loss at significant risk; and

Whereas, the unhelpful diversity and inconsistency across America’s states and territories in what legal qualifications are and are not required to perform work as a TVI calls for advocacy for systems change at the federal, but especially the state, levels; and

Whereas, such advocacy is compromised by the Registry which publicly blurs distinctions between and among those calling themselves TVIs while failing to screen registration against nationally recognized preparation and practice criteria; and

Whereas, the Registry’s design and implementation completely thwarts the noble goal of obtaining useful data for researchers to mine given the Registry’s manifest methodological difficulties, making any findings from data analysis utterly useless in advocacy for personnel preparation funding or other objectives; and

Whereas, such advocacy efforts will in fact have to distance themselves from the Registry and its anticipated so-called research findings in order to be better positioned to succeed; and

Whereas, development of the Registry was undertaken without any formal involvement by the vision loss community’s leading consumer and professional organizations with decades-long systems change expertise in vision-loss-related special education, expertise which would have helped, at least in part, to ameliorate the defects in the Registry’s design and implementation;

Now, therefore, be it resolved, by the Board of Directors of the American Council of the Blind, assembled telephonically on this 29th day of September, 2021, that this organization urge the vision loss community, and the professional TVI community specifically, to exercise extreme caution, if not total disengagement, with promotion of, participation in, and usage of any data derived from, the National Registry for Teachers of Students with Visual Impairments; and

Be it further resolved that ACB join with the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER), the Council for Exceptional Children-Division on Visual Impairments and Deafblindness (CEC-DVIDB), and other leading organizations with whom ACB can make common cause to develop and execute a public policy strategy to ensure a cross-jurisdictional consistency in TVI credentialing that promotes the highest achievable TVI qualifications throughout America; and

Be it further resolved that copies of this resolution be transmitted to AER, CEC--DVIDB, the Council of Schools and Services for the Blind (COSB), VisionServe Alliance (VSA), and such other stakeholder groups as may be identified, as well as to Success Beyond Sight with whom ACB will be engaging in further dialogue.

This resolution was referred to the board to work with the special education task force and advocacy steering committee to perform research and bring something forward no later than the 2022 D.C. Leadership Conference.