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3.4. Legal Foundation for FNSS Guidance
The Stafford Act and Post-Katrina Emergency Management Reform Act (PKEMRA), along with
Federal civil rights laws, mandate integration and equal opportunity for people with disabilities in
general population shelters.
To comply with Federal law, those involved in emergency management and shelter planning should
understand the concepts of accessibility and nondiscrimination and how they apply in emergencies.
The following are key nondiscrimination concepts applicable under Federal laws, and examples of
how these concepts apply to all phases of emergency management.
1. Self-Determination – People with disabilities are the most knowledgeable about their own
needs.
2. No “One-Size-Fits-All” – People with disabilities do not all require the same assistance and do
not all have the same needs.
• Many different types of disabilities affect people in different ways. Preparations should
be made for people with a variety of functional needs, including people who use mobility
aids, require medication or portable medical equipment, use service animals, need
information in alternate formats, or rely on a caregiver.
3. Equal Opportunity – People with disabilities must have the same opportunities to benet from
emergency programs, services, and activities as people without disabilities.
• Emergency recovery services and programs should be designed to provide equivalent
choices for people with disabilities as they do for people without disabilities. This
includes choices relating to short-term housing or other short- and long-term disaster
support services.
4. Inclusion – People with disabilities have the right to participate in and receive the benets of
emergency programs, services, and activities provided by governments, private businesses,
and nonprot organizations.
• Inclusion of people with various types of disabilities in planning, training, and evaluation
of programs and services will ensure that all people are given appropriate consideration
during emergencies.
5. Integration – Emergency programs, services, and activities typically must be provided in an
integrated setting.
• The provision of services such as sheltering, information intake for disaster services, and
short-term housing in integrated settings keeps people connected to their support system
and caregivers and avoids the need for disparate services facilities.
6. Physical Access – Emergency programs, services, and activities must be provided at locations
that all people can access, including people with disabilities.
• People with disabilities should be able to enter and use emergency facilities and access
the programs, services, and activities that are provided. Facilities typically required to be
accessible include: parking, drop-off areas, entrances and exits, security screening areas,
toilet rooms, bathing facilities, sleeping areas, dining facilities, areas where medical care
or human services are provided, and paths of travel to and from and between these areas.
7. Equal Access – People with disabilities must be able to access and benet from emergency
programs, services, and activities equal to the general population.
• Equal access applies to emergency preparedness, notication of emergencies, evacuation,
transportation, communication, shelter, distribution of supplies, food, rst aid, medical
care, housing, and application for and distribution of benets.