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

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