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LEGISLATION

LEGISLATION. KNR 270. 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.

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LEGISLATION

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  1. LEGISLATION KNR 270

  2. 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

  3. 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

  4. PL 93-112, TITLE V, SECTION 502 • Formed Architectural and Transportation Barriers Compliance Board • Compliance for PL 90-480, Architectural Barriers Act

  5. PL 93-112, TITLE V, SECTION 504 • Nondiscrimination Under Federal Grants • 1st civil rights legislation for people with disabilities

  6. 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.

  7. 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

  8. 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)

  9. PL105-17, INDIVIDUALS WITH DISABILITIES EDUCATION ACT, 1997 • Zero reject • Parental consent & participation on team • Due process

  10. Eligibility under IDEA • Disabilities listed that adversely impact educational performance • If disability not impact education, not eligible for special education • BUT….

  11. Eligibility under Section 504 • Disability may still limit full participation in entire school environment • 504 plan but not special education • Also for college students

  12. TR AS RELATED SERVICE • Assessment of leisure functioning • Therapeutic recreation services • Recreation programs in school & community agencies • Leisure education

  13. 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

  14. 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)

  15. Web Accessibility • Illinois • Illinois Website Accessibility Standards Guidelines (IWAS) • 2/14/02 • State agencies

  16. 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.

  17. Olmstead Act • Community-Based Alternatives for Individuals with Disabilities • Prevents unjustified institutionalization of PWD • Live in homes • Meals • Respite • Adult day care programs

  18. What’s Being Done Internationally? • According to UN • 600 million men, women, & children in world • 85% in developing countries • Numbers are increasing rapidly • Wars, landmines, malnutrition, disease • United Nations noted 650 million people in 2006

  19. 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

  20. United Nations • 1993 Standard Rules on the Equalization of Opportunities for Persons with Disabilities • Targeted areas for equal participation

  21. Target Areas for Equal Participation • Accessibility • Education • Employment • Income maintenance & social security • Family life & personal integrity • Culture • Recreation & sports • Religion

  22. 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

  23. 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.

  24. Recreation & Sports (cont.) • Sports organizations should develop opportunities for participation by PWD in sports activities • Accessibility for general sports • Special games or arrangements • Support involvement in national and international events

  25. 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

  26. 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

  27. 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

  28. 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

  29. 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

  30. United Nations Convention on the Rights of Persons with Disabilities (continued) • Discrimination • Means any distinction, exclusion or restriction on the basis of disability which impairs or nullifies equal participation • Includes denial of reasonable accommodation

  31. 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

  32. 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

  33. United Nations Convention on the Rights of Persons with Disabilities (continued) • General principles (cont.) • Equality of opportunity • Accessibility • Equality between men and women • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

  34. United Nations Convention on the Rights of Persons with Disabilities (continued) • Article 30: Participation in cultural life, recreation, leisure and sport • Access 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

  35. 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

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