2021 Resolutions

Resolution 2021-1

Accessible Education Materials

WHEREAS, access to the full curriculum is vital for participation in in-person and virtual education settings for all students; and

WHEREAS, Accessibility barriers impede full access to the educational environment for blind and low vision students and for others with print disabilities; and

WHEREAS, Both Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II) require that schools provide communication with blind students that is equally as effective as communication with nondisabled students, and that they “furnish appropriate auxiliary aids and services . . . in such a way as to protect the privacy and independence” of their blind students when doing so is necessary to provide them with equal opportunities and equally effective Communication.”; and

WHEREAS, schools are supposed to provide blind students with an equal opportunity to participate in all school programs, activities, and services as their sighted peers; and

WHEREAS, The United States Department of Justice (USDOJ) and the United States Department of Education (Ed) issued a Joint Dear Colleague Letter (DCL) on June 29, 2010, noting that "individuals with disabilities must be provided with the same aids, benefits, or services that provide an equal opportunity to achieve the same result or the same level of achievement as others"; and

WHEREAS, on November 12, 2014, USDOJ and Ed issued a Joint DCL stating that: “Students with disabilities, like all students, must be provided the opportunity to fully participate in our public schools,” and that “a critical aspect of participation is communication with others”; and

WHEREAS, In September 2017 and on March 12, 2020, ED unequivocally reminded school districts that students with disabilities retain full rights to educational opportunities, including access to a free appropriate public education (FAPE) whenever school districts provide any educational opportunities to nondisabled students; and

WHEREAS, Many school districts in Virginia have ignored their longstanding accessibility obligations to blind and low vision students, purchasing and implementing educational technologies that are only partially accessible to these students or are not accessible at all; and

WHEREAS, despite clear guidance from Ed, the shift to part-time or full-time remote instruction in many Virginia school districts due to the COVID-19 pandemic has heightened learning barriers for blind and low vision students; and

WHEREAS, in November of 2020, the National Federation of the Blind sent top education officials in Virginia and all 50 states, including Washington DC and Puerto Rico, a letter urging schools and staff stop using education technology that has not been verified as WCAG 2.0 or 2.1 AA conformant; and

WHEREAS, the National Educational Technology Plan, published in 2015 by the Office of Educational Technology, United States Department of Education, asserts that accessibility is a key value of the nation’s educational technology plan and sets forth the recommendation to “ensure accessibility and increased equity of learning opportunities” for all students; and

WHEREAS, the Virginia Department of Education currently holds itself to a minimum standard of WCAG 2.0 compliance, despite the fact that WCAG 2.0 was published in 2008 prior to the widespread use of smartphones, despite the fact that many students in poverty access the internet primarily via smartphones, and despite the fact that WCAG 2.1 was published in 2018 and took into account the use of smartphones; and

WHEREAS, Despite clear federal guidance, minimum state level guidance, existing disability rights legislation, and pandemic learning loss that has disproportionately affected blind/low vision students and other students with disabilities, often as a direct result of inaccessible educational technology, and

WHEREAS, Virginia school districts still do not consistently include ANY accessibility assurances in the educational technology procurement/endorsement process: NOW THEREFORE

BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 31st day of October, 2021, that this organization and the Virginia division of Parents of Blind Children strongly urge Virginia state legislators to pass the following accessibility requirements into state law:

“Each local board of education and public agency shall conform to current web content accessibility standards when purchasing or selecting digital learning resources to provide equitable learning opportunities for all students.”

Resolution 2021-2

Employment OF People with Disabilities by City and County Governments

WHEREAS, according to the Bureau of Labor Statistics (BLS), the employment rate of people with disabilities is 32.9% compared to 73.1% for people without disabilities, and

WHEREAS, according to the BLS, the unemployment rate of people with disabilities is 9.1% compared with 4.4% for those without disabilities, and

WHEREAS, only 44% of people who are blind or visually impaired are in the workforce compared to 79% of those without a visual impairment, and

WHEREAS, among those in the labor force, people who are blind or visually impaired are more likely to be employed only part-time, and

WHEREAS, the federal government’s Schedule A program has expanded employment opportunities for people with disabilities by giving agencies the option to select people with disabilities for vacancies through a noncompetitive process, and

WHEREAS, in 2021, Virginia created a program similar to the federal Schedule A program, codified as 2.2-1213 of the Virginia code, which allows state agencies to increase hiring of people with disabilities, and

WHEREAS, the Dillon Rule, which allows local governments to pass ordinances only in areas where the General Assembly has granted clear authority, and

WHEREAS, the Dillon Rule is cited by local governments as the reason they are legally barred from creating special programs to increase hiring of people with disabilities: NOW THEREFORE

BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 31st day of October, 2021, that this organization urge the Virginia General Assembly to amend Section 2.2-1213 of the Virginia Code to allow local governments to create programs expanding employment opportunities for people with disabilities by (1) gathering data on barriers to hiring people with disabilities, (2) developing affirmative employment plans for people with disabilities, (3) permit an alternative application process for hiring of people with disabilities, (4) prioritize contracting with businesses owned by people with disabilities, and (5) becoming a model employer for people with disabilities.

Resolution 2021-3

A Resolution commending The Virginia Department for the Blind and Vision Impaired For 100 Years of Service to Blind Virginians

WHEREAS, For the past 100 years, the Virginia Department for the Blind and Vision Impaired (DBVI) has been providing rehabilitation services including: blindness skills training, orientation and mobility, job readiness, and related services for youth, working age adults and seniors who have lost their eyesight; and

WHEREAS, these services enhance opportunities for competitive and gainful employment, making it possible for blind and visually impaired residents of the Commonwealth to achieve on terms of equality with their sighted piers, increase their self-confidence, and reduce dependence on public welfare ; and

WHEREAS, the leadership of Ray Hopkins, Commissioner of DBVI, supported the successful partnership with the National Federation of the Blind of Virginia (NFBV) to offer high quality innovative services to blind and visually impaired Virginians; and

WHEREAS, The NFBV is extremely pleased with the development of Project Rise (Resilience, Independence, Self-Advocacy, and Employment) program in partnership between DBVI and the NFBV to offer transition skills training such as job shadowing, resume writing, and mentoring, as well as basic confidence and life skills training for youth from throughout the Commonwealth: NOW THEREFORE

BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 31st day of October, 2021, that this organization commend the DBVI for its 100 years of successful service to blind and visually impaired residents of Virginia; and

BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia recognize Ray Hopkins for his exemplary and enlightened leadership of DVBI, and for his willingness to partner with the National Federation of the Blind of Virginia to improve the lives of blind and visually impaired Virginians.

Resolution 2021-4

Resolution on Ordinance to Regulate Dockless Scooters

WHEREAS, dockless electric scooters are a new form of transportation that has become increasingly popular in various localities throughout Virginia; and

WHEREAS, the appeal of these scooters is that they may be retrieved from and left anywhere because they do not need to be parked at a docking station or rack; and

WHEREAS, as a result, users are leaving these scooters in locations that block curb cuts, obstruct sidewalks, block bus stops and stoops, and generally disrupt the flow of pedestrian traffic; and

WHEREAS, users further endanger pedestrian traffic by riding these scooters on sidewalks and other pedestrian right of ways; and

WHEREAS, the public is encouraged to contact the various scooter companies directly to report scooter misuse, request that a scooter be moved, or report an injury or other concern by calling the company, visiting the website, or making a report using the mobile app; and

WHEREAS, the scooter companies’ names, phone numbers, or websites are not fully accessible to blind people; and

WHEREAS, blind people are further denied the opportunity to make reports or issue complaints, since scooter websites and apps are generally not accessible via access technology; and

WHEREAS, The District of Columbia has recently passed an ordinance requiring users of dockless scooters to park the scooter in an upright position using the lock-to mechanism on the scooter to lock it to an object or infrastructure, leaving an unobstructed path of travel on the sidewalk of at least three feet, and maintaining unimpeded access to entrances of private properties, driveways and accessible ramps and parking spots; and

WHEREAS, failure to comply with the above ordinance is subject to a penalty: NOW THEREFORE

BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 31st day of October, 2021, that this organization call upon city and county officials in localities that permit the use of dockless scooters to work with our chapters to enact an ordinance similar to that implemented by the District of Columbia to regulate scooter use and parking, prohibit riding on sidewalks, and generally avoid disrupting the flow of pedestrian traffic; and

BE IT FURTHER RESOLVED that this organization demand that all dockless electric scooter companies place their company name, scooter identification number, and contact information on each scooter in a format accessible and easily detectible by blind travelers; and

BE IT FURTHER RESOLVED that the NFB of Virginia also urge these companies to develop accessible websites and mobile applications so that blind pedestrians can easily communicate reports of scooter misuse or injury.

Resolution 2021-5

Increasing Funding for Virginia Blind Seniors

WHEREAS, the population of blind persons eligible for independent living services is increasing at a great rate, due in large part to the aging of “baby-boomers”; And

WHEREAS, the fiscal resources available to serve this growing population is woefully inadequate to meet their needs; and

WHEREAS, the great interest among blind seniors to participate in the National Federation of the Blind of Virginia’s “Silver Bells” training program demonstrates the great need for additional services for this population to learn the alternative techniques of blindness; and

WHEREAS, newly blind persons need independent living services to assist them in staying in their own homes, which can be achieved with appropriate blindness training; and

WHEREAS, the provision of independent living services, including but not limited to travel and adaptive technology training, can provide continued activity and communication for those who often become cut off from their community because of blindness; and

WHEREAS, it has been demonstrated that it is much less expensive for a senior to remain in the community as compared to being placed in a congregate living situation: NOW THEREFORE

BE IT RESOLVED by the National Federation of the Blind of Virginia, on this 31st day of October, 2021, that this organization urge the office of the Governor and the Virginia General Assembly to increase funding for independent living services for the senior blind by an amount of $500,000 to more adequately meet the life sustaining blindness skills training needs for this population.