Emergency Management and Vulnerable Populations

Previously, §504 of The Rehabilitation Act of 1973 required equal access to state and local programs, services, and activities receiving federal funds.\n * All communication from educational outreach, to notification, pre-disaster, during, and post-disaster, must be accessible and understandable to all regardless of their disability or access or functional need including but not limited to age, limited English proficiency, etc. * Special needs registries (although controversial), when properly developed and used can assist in planning for the needs of persons with disabilities and others with access and functional needs in the event of an emergency. * The unique transportation needs of those with disabilities as well as those with access and functional needs must be incorporated into a jurisdiction's emergency plan. * Service animals must be evacuated and sheltered with their owner. Stafford Act reimbursement is limited to dogs and in some cases miniature horses. * Persons with disabilities are to be accommodated in general population shelters. * General population shelters are to provide the necessary auxiliary aids and services to enable those with disabilities to be as independent as possible. * Functional needs support services, including reasonable modifications to policies, practices, and procedures, as well as provision of durable medical supplies, consumable medical supplies, and personal assistance services, are to be provided to enable those with disabilities and others with access and functional needs to assist in maintaining their independence in the general population shelters. * Contracting with third parties to provide services does not absolve the jurisdiction from liability, for ADA non-compliance, if the services are not provided. * Responsibility flows upward, so states can potentially be held responsible for the failure of their localities to comply with §504 of the Rehabilitation Act and the ADA in the context of the provisions of emergency services.