“Disasters are always inclusive. Response and recovery are not, unless we plan for it." — June Isaacson Kailes, Disability Consultant

People with disabilities and people with access and functional needs face greater risks during emergencies or disasters for several reasons, including:

• Physical and architectural barriers
• Communication barriers
• Programmatic barriers
• Social and economic barriers
• Use of life-sustaining medical equipment and assistive devices that require electricity
• Lack of inclusive emergency management planning

Addressing these issues through inclusive practices can significantly improve emergency preparedness, response and recovery to ensure the safety and well-being of all Virginians, especially those with disabilities and other access and functional needs.

While progress has been made, further action is needed to ensure emergency preparedness, response and recovery are fully inclusive of people with disabilities and people with access and functional needs. Without key protections in place, the Commonwealth of Virginia (the Commonwealth) and many localities are at risk of not meeting obligations under the Americans with Disabilities Act (ADA).

This report offers 14 recommendations that encompass broad objectives and strategic goals. The recommendations address critical ADA compliance issues and facilitate full integration of access and functional needs before, during and after disasters. Recommendations are organized into three topic areas:

1. Planning and Partnerships
2. Legislative, Budget and Compliance
3. Training and Outreach

When implemented in concert with one another, these recommendations provide a comprehensive strategy to increase capabilities at each level of the emergency management system and mitigate preventable harm to people with disabilities, people with access and functional needs and the Commonwealth as a whole.

Impact on People with Disabilities and People with Access and Functional Needs

26% of the United States population has a disability. This significant portion of our community faces remarkably higher risks during disasters.

Key Findings:

⇒ People with disabilities and people with access and functional needs are disproportionately impacted by emergencies and disasters, facing higher risks of displacement, injury and even death.

⇒ People with disabilities are at increased risk of unnecessary institutionalization during and after disasters.

Recommendations Related to Planning and Partnerships

1. The Virginia Department of Emergency Management (VDEM) should collaborate with the Access and Functional Needs Advisory Committee, the proposed Disability Integration Task Force (see Recommendation 4) and subject matter experts to develop clear standards and guidance for inclusive planning, communications, evacuations and mass care—including sheltering. In keeping with existing practice, this collaborative effort should extend across all levels of the Commonwealth’s emergency management system, including VDEM, the Virginia Emergency Support Team and local authorities, to foster a uniformly high standard of inclusive emergency management practices.

Guidance should address the following:

• Inclusive emergency planning
• Inclusive alerts, warnings, notifications and communications
• Inclusive evacuations and accessible transportation
• Inclusive and accessible sheltering
• Inclusive points of distribution

2. The Commonwealth should fund a full-time, dedicated Access and Functional Needs Officer (AFNO) position at the Virginia Department of Emergency Management. The AFNO will lead the full integration of access and functional needs across all phases of emergency management, ensuring inclusive strategies in preparedness, response and recovery.

This officer position will facilitate coordination among all state agencies, local governments and community stakeholders, and provide guidance to the State Coordinator and the Chief of the Virginia Emergency Support Team on the integration of access and functional needs into emergency planning and operations at the local, regional and state levels.

3. The Access and Functional Needs Advisory Committee should amend its bylaws to include the following members: Virginians with disabilities, Virginians with access and functional needs (AFN), the Virginia Statewide Independent Living Council, local Centers for Independent Living, local Community Services Boards, AFN community organizations, local and state ADA Coordinators, the American Red Cross of Virginia, the disAbility Law Center of Virginia and inclusive emergency management subject matter experts.

4. The Access and Functional Needs Advisory Committee should establish a Disability Integration Task Force, co-chaired by the Virginia Department of Emergency Management Access and Functional Needs Officer and the Virginia Statewide Independent Living Council. The Committee should develop a comprehensive, multi-year action plan to achieve full integration of people with disabilities throughout Virginia’s emergency management system. The plan should proactively consider the Federal Emergency Management Agency Office of Disability Integration and Coordination's Points of Potential Inequity, physical and programmatic accessibility standards, local capabilities, civil rights protections, regional challenges and best practices in emergency management.

5. Using the Disability Integration Task Force plan (Recommendation 4) and the nationally recognized Communication, Maintaining Health, Independence, Safety/Support and Transportation (CMIST) Framework, the Access and Functional Needs Advisory Committee should develop a comprehensive, multi-year action plan to achieve full integration of access and functional needs throughout Virginia's emergency management system.

6. The Virginia Department of Emergency Management, the Access and Functional Needs Advisory Committee and the proposed Disability Integration Task Force should collaborate and coordinate with local and regional stakeholders to identify and map key resources that support inclusive emergency management practices. Resources may include, but are not limited to, local Centers for Independent Living, qualified American Sign Language interpreters, accessible restrooms and showers, personal care assistance providers, Communication Access Realtime Translation providers and accessible transportation providers.

7. The Virginia Department of Emergency Management, in partnership with the Access and Functional Needs Advisory Committee, the proposed Disability Integration Task Force and the Virginia Emergency Management Association, should identify local capacity and capability targets vital in ADA compliance and excellence in inclusive emergency management. These targets should be integrated into the Local Capabilities Assessment of Readiness and should address (1) inclusive planning, (2) accessible alerts/notifications, (3) evacuation and transportation plans and (4) accessible sheltering. Targets should be aligned with the objectives specified in the multi-year comprehensive plans described in Recommendations 4 and 5.

8. The Virginia Department of Emergency Management and the Virginia Department of Health should develop an Extreme Heat Annex. Similar to the recent Severe Winter Weather Annex, this new annex should provide a strategic roadmap for a responsible, well-coordinated response to extreme heat events in the Commonwealth. The Annex should include recommendations regarding the threshold for opening an accessible cooling center, the threshold for opening an accessible cooling shelter, standards for accessible cooling centers, best practices for communications/alerts, guidance on wellness checks and opportunities to facilitate access to Virginia energy assistance programs. The Commonwealth should seek to coordinate these efforts with the development of sustainable infrastructure projects that can help protect people with disabilities and those with access and functional needs in extreme heat.

Recommendations Related to Legislative, Budget and Compliance

9. Localities should partner with local Centers for Independent Living (CIL) and local ADA Coordinators to regularly and routinely assess compliance with the Americans with Disabilities Act (ADA). In areas where there is not a local CIL, localities should consider partnerships with the disAbility Law Center of Virginia and other disability organizations qualified to assess ADA compliance.

10. The General Assembly should amend the Shelter Upgrade Fund (§ 44-146.29:3) to allow the fund to be used to install, maintain or repair infrastructure to meet accessibility requirements for emergency shelters, including upgrades that improve compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Virginians with Disabilities Act.

11. The Commonwealth of Virginia should initiate regional pilot programs to integrate the nationally recognized Functional Assessment Support Team (FAST) model into the emergency management system.

12. The General Assembly should allocate state funds to support emergency management functions in localities lacking a full-time emergency manager, with a focus on supporting inclusive emergency plans, grant writing and increasing access and functional needs (AFN) related capabilities.

Recommendations Related to Training and Outreach

13. The Virginia Department of Emergency Management should partner with the Access and Functional Needs Advisory Committee to develop and integrate a multifaceted training program that supports local and state compliance with the Americans with Disabilities Act and promotes best practices in inclusive planning, communication, evacuation/transportation, mass care/sheltering and cultural competence. To the maximum extent possible, training content should be integrated into existing emergency management training.

14. The Virginia Department of Emergency Management should promote the development of inclusive Community Emergency Response Teams (CERTs) and provide training on access and functional needs for volunteers.