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83% of NYC Elementary Schools Violate Americans with Disabilities Act

mark handler

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83% of NYC Elementary Schools Violate Americans with Disabilities Act

http://www.educationnews.org/education-policy-and-politics/investigation-83-of-nyc-elementary-schools-violate-americans-with-disabilities-act/

The Americans with Disabilities Act (ADA) has been violated by 83% of New York City’s public elementary schools, which are not fully accessible to students with disabilities, reports Benjamin Weiser for The New York Times.

The United States Attorney for the Southern District of New York, Preet Bharara, sent a heated letter to the top lawyer for the Education Department this week saying that a two-year federal investigation found that six school districts serving over 50,000 elementary students did not have even one school that was fully in compliance.

Bharara has asked the city to respond and wants an outline and timeline of the actions that will be taken to correct this “unacceptable state of affairs.” His 14-page letter gives NYC 30 days to respond. The investigation was not disclosed to the public at the time it was taking place.

A spokesman for the Education Department, Harry Hartfield, said the department was committed to increasing accessibility in schools and was in the process of reviewing the letter. He added that the department’s recent capital plan had set aside $100 million for projects aimed at accessibility.

Bharara’s office said that the disabled population includes not only students but family members and teachers as well. One parent, according to the government, had to travel to her child’s school every day of school to carry her child up and down stairs to her classroom, the cafeteria, and other parts of the school where programs take place. Otherwise, her child would have had to spend considerable amounts of time before and after school getting to a building that could support her physical needs.

The most blatant failure by the city, say many, was the construction of an addition to a Queens school in 2000. The added portion of the school had an elevator that was not wheelchair accessible, and door knobs, “grab bars,” drinking fountains, sinks, and faucets that were noncompliant. Also, visual alarms required for classrooms were not installed.

“The city’s failure to consider the needs of individuals with disabilities when upgrading and renovating its existing facilities is inexcusable,” the government said in the letter, which was signed by two senior lawyers in the office’s civil rights unit, Lara K. Eshkenazi and Jeannette A. Vargas.

Included in the letter was a list of violations in 11 schools across all boroughs. Ten of these schools were labeled “not accessible” and one was designated as only “functionally accessible.” This description meant that the school did not have “certain crucial accessible features,” as explained by the letter. Bharara said this definition made the government question whether the city’s categorizations were accurate.

The New York Daily News’ Ben Chapman reports that currently there are approximately 193,000 kids in NYC schools who have special needs.

In his letter, Bharara noted that 25 years after the passage of the ADA, New York City students with disabilities are still not being given equal access to what is a fundamental human right.

http://www.educationnews.org/education-policy-and-politics/investigation-83-of-nyc-elementary-schools-violate-americans-with-disabilities-act/#sthash.GyAcgxcI.dpuf
 
It will certainly be interested to hear what their explanation is! The school addition built in 2000 certainly sounds like a major issue.
 
Where do I start with "Functionally Accessible"?

IF it is, then it's good enough. End of conversation.

Brent.
 
The part about the mother that has to accompany her daughter so that she can help her up and down the stairs exemplifies what stinks here. When I was a kid there were kids with various afflictions and the rest of us got them through life just fine. Perhaps the lady's daughter lacks social skills and that's why nobody is willing to help her.

So for the sake of this girl and the other hundred kids that need help the schools need to be retrofitted at what cost? Oh it's just $100 million. Petty cash for the NY school system. If there's a student at your school that can't grasp a door knob do you spend thousands on lever devices or do you tell the kid to wait for someone to open the door....well you might want to do the bathrooms.

I agree that an elevator that won't fit a wheelchair is wrong but so is visual alarms in classrooms so the deaf kids will get a clue and evacuate with everybody else during a fire drill.

The article claims that there are 193,000 kids in NY schools who have special needs. That must be an easy club to join.
 
\ said:
The article claims that there are 193,000 kids in NY schools who have special needs. That must be an easy club to join.
In our little town of Walnut Creek with only 64,000 people there must be 193,000 people in wheelchairs judging by the placards and license plates of cars parking for free, we are the home of Ms Wheelchair USA.
 
steveray said:
3409.6...or whatever it is now.....20% every time you remodel/ pull permit....Oh, wait...my schools do not pull permits....
They do in CA. It is through the Division of the State Architect
 
Yes they do Mark but it didn't prevent LAUSD from descoping many access improvements and being "caught" by DOJ! The cost to taxpayers is in the 9 figures with a federal overseer monitoring the barrier removal. Big Dog goes down!
 
From the article:

The most blatant failure by the city, say many, was the construction of an addition to a Queens school in 2000. The added portion of the school had an elevator that was not wheelchair accessible, and door knobs, “grab bars,” drinking fountains, sinks, and faucets that were noncompliant. Also, visual alarms required for classrooms were not installed.

Oops! Someone Architect with stamp, AHJ and school construction overseer forgot what decade they are in and that NYC has a code or two adopted.

DOJ to the rescue!
 
LG, thank you ever so much for sharing this letter.

Yeah to you who are so hardened as to "see" "no need" for access. I wish not on you, your friends, relatives, associates that might derive benefit from access or be denied the opportunities you take for granted each day to contribute to society. We are no longer cave men (at least some of us) but an advancing society with opportunities for each of us (in some cases with assistance) to make a contribution.
 
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