KNR 273 Contemporary Issues / Changing Concepts Shank & Coyle, 2002.
LEGISLATION KNR 270. PL 90-480 Architectural Barriers Act of 1968 Any building or facility...
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Transcript of LEGISLATION KNR 270. PL 90-480 Architectural Barriers Act of 1968 Any building or facility...
PL 90-480 Architectural Barriers Act of 1968
Any building or facility constructed in whole or part (after 1968) with federal funds must be accessible & useable by the physically handicapped
Didn’t reference recreation, but impacted
Lacked effective enforcement
PL 93-112 REHABILITATION ACT OF 1973 Originally was vocational rehabilitation
act for veterans with disabilities Amended in 1963 to include
“recreation for ill & handicapped” 1st recognition by federal agency of
importance of recreation in rehabilitation
Money for degree programs
PL 93-112, TITLE V, SECTION 502
Formed Architectural and Transportation Barriers Compliance Board
Compliance for PL 90-480, Architectural Barriers Act
PL 93-112, TITLE V, SECTION 504
Nondiscrimination Under Federal Grants
1st civil rights legislation for people with disabilities
SECTION 504
No otherwise qualified handicapped individual in the U.S….shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
SECTION 504, DEFINITION OF A “HANDICAPPED PERSON” Physical or mental impairment
substantially limits 1 or more major life acts.
Has record of such Is regarded as having
PL 94-142, EDUCATION FOR ALL HANDICAPPED CHILDREN ACT, 1975 Free appropriate public education Least restrictive environment Provision of appropriate related
services Individual Education Plan (IEP)
PL105-17, INDIVIDUALS WITH DISABILITIES EDUCATION ACT, 1997
Zero reject Parental consent & participation on
team Due process
Eligibility under IDEA
Disabilities listed that adversely impact educational performance
If disability not impact education, not eligible for special education
BUT….
Eligibility under Section 504
Disability may still limit full participation in entire school environment
504 plan but not special education Also for college students
TR AS RELATED SERVICE
Assessment of leisure functioning Therapeutic recreation services Recreation programs in school &
community agencies Leisure education
TR IN SCHOOLS(Lawson, Coyle, & Ashton-Shaeffer, 2001)
312 CTRS Less than 1% of CTRS work in schools 65% public schools 35% residential or hospital schools 39% employed by school 56% contracted out by employer 5% self employed BD/ED/multiple disabilities
Section 508 of Rehab Act of 1998
Requires federal agencies’ electronic and information technology to be accessible to employees & public
Effects all federal agencies/dept., expect National Security Systems
Electronic and Information Technology Accessibility Standards (2000)
Web Accessibility
IllinoisIllinois Website Accessibility
Standards Guidelines (IWAS)2/14/02State agencies
Illinois Human Rights Act (IHRA)
Public official cannot deny or refuse any person the full and equal enjoyment of the accommodations, advantages, facilities or privileges of the official’s office or services, or any property under the official’s care, because of unlawful discrimination based on that person’s disability.
Olmstead Act
Community-Based Alternatives for Individuals with Disabilities
Prevents unjustified institutionalization of PWDLive in homesMealsRespiteAdult day care programs
What’s Being Done Internationally? According to UN
600 million men, women, & children in world
85% in developing countriesNumbers are increasing rapidlyWars, landmines, malnutrition,
disease United Nations noted 650 million people in
2006
Definition of Disability (United Nations, 2006)
Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others
United Nations 1993 Standard Rules on the
Equalization of Opportunities for Persons with Disabilities
Targeted areas for equal participation
Target Areas for Equal Participation Accessibility Education Employment Income maintenance & social security Family life & personal integrity Culture Recreation & sports Religion
Recreation & Sports Make places for recreation & sport,
hotels, beaches, sports arenas, gym halls, etc. accessible
Should encompass support staff in recreation & sports programmes, including information and training programmes
Recreation & Sports (cont.) Tourist authorities, travel agencies,
hotels, voluntary organizations and others involved in organizing recreational activities or travel opportunities should offer their services to all, taking into account the special needs of PWD. Training should be provided to assist the process.
Recreation & Sports (cont.) Sports organizations should develop
opportunities for participation by PWD in sports activities Accessibility for general sportsSpecial games or arrangementsSupport involvement in national and
international events
Recreation & Sports (cont.) PWD participating in sports should
have access to training and instruction of the same quality as other participants
Organizers should consult with PWD when developing services for PWD
United Nations Convention on the Rights of Persons with Disabilities
Unanimously adopted on December 13, 2006
Open for signatures and ratification on March 30, 2007
• 92 countries signed the Convention by May 2007
Once ratified by 20 countries, the Convention will enter into force for those countries
United Nations Convention on the Rights of Persons with Disabilities (continued)
Countries that ratify the Convention shall enact laws & other measures to improve disability rights
Countries shall also abolish any legislation, custom, or practice that discriminates against persons with disabilities
United Nations Convention on the Rights of Persons with Disabilities (continued)
There will be a monitoring system to assure compliance
The Convention has the potential to change the world as profoundly as the ADA impacted the US
United Nations Convention on the Rights of Persons with Disabilities (continued)
Purpose:To promote, protect and ensure the
full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity
United Nations Convention on the Rights of Persons with Disabilities (continued)
DiscriminationMeans any distinction, exclusion or
restriction on the basis of disability which impairs or nullifies equal participation
Includes denial of reasonable accommodation
United Nations Convention on the Rights of Persons with Disabilities (continued)
Reasonable accommodation Means necessary and appropriate
modification and adjustments not imposing an undue burden
Universal design Means the design of products, environments,
programmes and services that are useable by all people, to the greatest extent possible, without the need for adaptation or specialized design
United Nations Convention on the Rights of Persons with Disabilities (continued)
General principles Respect for inherent dignity, individual
autonomy including the freedom to make one’s own choices, and independence of persons
Non-discrimination Full and effective participation and inclusion in
society Respect for difference and acceptance of
persons with disabilities as part of human diversity and humanity
United Nations Convention on the Rights of Persons with Disabilities (continued)
General principles (cont.)Equality of opportunityAccessibilityEquality between men and womenRespect for the evolving capacities of
children with disabilities and respect for the right of children with disabilities to preserve their identities
United Nations Convention on the Rights of Persons with Disabilities (continued)
Article 30: Participation in cultural life, recreation, leisure and sportAccess to cultural materials, television
programmes, films, theatre, etc. in accessible formats
Access to places for cultural performances or services
• Theatres, museums, cinemas, libraries, tourism services, monuments, sites of national cultural importance
United Nations Convention on the Rights of Persons with Disabilities (continued)
Article 30: Participation in cultural life, recreation, leisure and sport (continued)
Participation, to the fullest extent, of PWD in mainstream sporting activities at all levels
Opportunity to organize or participate in disability-specific sporting & recreational activities
Access to sporting, recreational and tourism venues