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ADA Updates: Participating in Sports is a Natural and Fun Part of Community Involvement . Stacy Hart New England ADA Center 200 Portland St. Boston, MA Shart@NewEnglandADA.org 1-800-949-4232 11/26/13. New England ADA Center member of.
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ADA Updates: Participating in Sports is a Natural and Fun Part of Community Involvement Stacy Hart New England ADA Center 200 Portland St. Boston, MA Shart@NewEnglandADA.org 1-800-949-4232 11/26/13
New England ADA Center member of 1-800-949-4232 voice/TTY Funded by the National Institute on Disability and Rehabilitation Research
A Project of Institute for Human Centered Design An international design non-profit dedicated to enhancing the experiences of people of all ages and abilities through excellence in design www.HumanCenteredDesign.org
Structure of ADA Title I – Employment Title II – State and local government Title III – Access to places of public accommodation Title IV – Telecommunications (i.e. Relay System) Title V – Miscellaneous
Goals • ADA 2010 Standards for recreational facilities • Camp Policies • Reasonable Modification of Policies Practice & Procedures
Let’s look at the Recreation Standardspools, playgrounds, routes to ball fields
Children’s Play Areas Photos from U.S. Access Board
Children’s Play Areas Accessible route to one of each type of ground level play component
Children’s Play Areas Accessible route to play component must be stable, firm and slip resistant Photos from U.S. Access Board
Children’s Play Areas Engineered wood products can work if they are installed correctly and maintained to be stable, firm and slip resistant Photos from U.S. Access Board
Children’s Play Areas Transfer platforms to get to upper level play components Photos from U.S. Access Board
Children’s Play Areas Ramp required in play areas with 20 or more elevated play components. Photos from U.S. Access Board
Pool Access >300 linear ftof swimming pool wall <300 linear ftof swimming pool wall: Or
Sporting Facility Photo from U.S. Access Board Guides
Outside Accessible Route Stable Firm Slip resistant
Team Player Seating Area Photo from U.S. Access Board Guides
Locker Room Access Photo from U.S. Access Board Guides
Access to Exercise Equipment Photo from U.S. Access Board Guides
What About You?? Do you offer Boating activities? Lake or Pond activities? Trails? Horseback riding?
Reasonable Modification of Policies, Practices and Procedures
Reasonable Modification of Policies, Practices and Procedures When the modification is necessary to afford goods or services to a person with a disability unless the modification would fundamentally alter the nature of the goods or services.
ADA Service Animal Definition Any dog individually trained to do work or provide tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability 1.1
Blind Low Vision Deaf Hard of Hearing
Other examples of work or tasks • Providing physical assistance • Providing non-violent protection or rescue work • Alerting individuals to the presence of allergens • Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors
Not considered work or tasks • The crime deterrent effects of animal's presence • The provision of • emotional support • well-being • comfort • companionship 1.1
You May Ask • You may ask if the dog is a service animal required because of a disability • You may ask what work or task the animal has been trained to provide 1.1
Scenario + Discussion • Ms. R is attending an event at your facility. • She has a service dog because of a disability. • The service dog starts to bark when someone passes by. • What do you do?
Service Animals Must be under control of owner at all times (on leash except in narrow circumstances)
Miniature Horses 1.1
Scenario + Discussion • Ms. D is a veteran who has a Traumatic Brain Injury. • She use a Segway to move about her environment. • Ms. D arrives at your facility with her family. • What do you do?
The Law Says…. When the modification is necessary to afford goods or services to a person with a disability unless the modification would fundamentally alter the nature of the goods or services.
What You Can’t Do…. • Medical documentation regarding their children's ability to participate • Screen out children with disabilities You Can…… • Ask for information necessary to ensure a child’s safety
DOJ Settlement 4 Children Epilepsy Diabetes 08/16/12 Asthma 05/01/12 07/01/08 02/18/10
DOJ Settlement 4 Children Program Access Beach Babies Learning Center NJ Apple Tree Children’s Center Iowa Push My Swing SC 06/28/11 04/03/13 09/13/09
Scenario + Discussion • A child with a learning disability joins the soccer team. • The coach believes that students with learning disabilities are unable to play well under the pressures of a game and decides not to play her. • In his opinion, having her participate in team practices is good enough. • What do you think?
Scenario + Discussion • A camper in blue cabin is deaf. • He asks the for a visual cue simultaneous to the starter pistol during color wars. • The camp personnel refuses the request due to concern that use of a visual cue may distract other competitors and trigger complaints. • What do you think?
Contact Me With Any Questions Thank You!! Stacy Hart, New England ADA Center Shart@NewEnglandADA.org 1-800-949-4232
Fishing Piers and Platforms Photos from U.S. Access Board Guides
Fishing Piers and Platforms Photos from U.S. Access Board
Reasonable Modification of Policies, Practices and Procedures • Permit use of miniature horse by individual with a disability if miniature horse individually trained to do work or perform tasks for benefit of individual
Miniature Horses • The regulations include Assessment Factors in allowing or restricting horses • Size/weight of animal and size of facility • Whether the miniature horse is housebroken • Whether the miniature horse´s presence in a facility compromises legitimate safety requirements 1.1
DOJ Settlement AgreementReasonable Modification Medication Administration Policy • Toddlers 'N Tots-in the administration of Diastat to ensure that a child with epilepsy has full and equal opportunity to participate in a daycare center's programs. (8/16/12) • Town of Rocky Hill, CT-to enable a child with diabetes to participate in summer camp (5/1/12) • The Children’s House, Inc.-to accommodate a child with a disability in need of asthma medication (2/18/10) • RaynorCountry Day School-denied admission to a summer camp for two individuals as a result of their diabetes (7/1/08)
DOJ Settlement AgreementReasonable Modification • The Apple Tree Children's Center Iowa- to allow children with disabilities, including children with Down Syndrome, an equal opportunity to attend the preschool (4/3/13) • Beach Babies Learning Center, to ensure that children with disabilities, including autism, have full and equal opportunity to participate in and benefit from the center's programs (6/28/11) • Push My Swing, Inc., Camden, SC-admission of a child with a mobility disability to a day care center (9/14/08)