Disability Services Administration. September 29, 2005

Transkript

1 Disability Services Administration September 29, 2005

2 Legislation Disability Discrimination Act Australia Legislation relevant to the disabled Scotland Disability Discrimination Act Scotland/England Disability Policy University of Western Sydney

3 Australia - DDA Australia 1992 Provides protection for everyone in Australia against discrimination based on disability Areas employment, education, access to facilities, housing access, club and activity access, sport, voting Who Physical, Intellectual, Psych, neuro, LD, Disfigurement Have now, had in past, may have, believed to have.

4 Australia - DDA Also covers those that may be discriminated because they: Are accompanied by an assistant, interpreter or reader Are accompanied by a trained animal Use equipment or an aid (wheelchair, hearing aid

5 Australia - DDA Also protects those with personal connection with a person with a disability A parent refused a job because an employer assumes they will miss time because of a child with a disability

6 Australia - DDA Employers: Employers must offer equal employment opportunities to everyone. This means that if a person with a disability can do the essential activities or inherent requirements of a job, he or she should have just as much chance to do that job as anyone else. Example an essential activity for a telephone receptionist job is the ability to communicate by telephone. But it is not an inherent requirement to hold the phone in the hand.

7 Australia - DDA Workplace changes: If a person with a disability is the best person for the job then the employer must make workplace changes or workplace adjustments if that person needs them to perform the essential activities of the job. Examples changing in recruitment and selection processes; modify work premises; changes to job design, work schedules or work place practices; modify equipment; provide training.

8 Australia - DDA What if changes are too difficult for employer? DDA does not require workplace changes to be made if this will cause major difficulties or unreasonable costs to a person or organization. This is called unjustifiable hardship If adjustments cause hardship it is up to the employer to show that they are unjustified!

9 Australia - DDA Education A person with a disability has a right to study at any educational institution in the same way as any other student Against the law for an educational authority to discriminate against someone because that person has a disability This includes all public and private educational institutions, primary and secondary schools, and tertiary institutions such as TAFE, private colleges and universities

10 Australia - DDA What education should do Offer same opportunities if the person meets the same entry requirements Base decisions on person s ability to meet the essential requirements of the course. Don t make assumptions about what a person can or cannot do because of disability Harassment DDA protects from comments, insults and a hostile environment

11 Australia - DDA Education What if changes are too difficult for educators? DDA does not require changes to be made if this will cause major difficulties or unreasonable costs to a person or organization. This too is called unjustifiable hardship. Before claiming unjustifiable hardship, educators must: Thoroughly consider how the adjustment might be made Discuss this directly with the person involved Consult relevant sources for advice

12 Australia - DDA Goods and Services- Cannot refuse to provide goods or services because of disability (example person has a service animal) Provide under less favorable terms or conditions higher taxi rate. Provide the goods or services in an unfair manner serving the disabled person after others making them wait for no reason.

13 Australia - DDA Can t stop people joining in Sports if capable of playing the sport Clubs right to be a member

14 Australia - DDA Housing Same rights to obtain an accommodation in the same way as people without a disability (flat, house, unit, room in boarding house, hotel or motel). Cannot refuse application, less favorable conditions (least attractive room), place application at bottom of list

15 Australia DDA University of Western Sydney Each institution has their own Disability Policy Required to have a Disability Action Plan Budget Allocation provide line item in university budget for work place adjustment and assistance for conference and study leave of staff, and other reasonable workplace accommodations required by a person with a disability. The support needs of the students with disabilities should also be accommodated within the budget allocation.

16 Scotland Legislation going back to 1968 Social Work Act 1968 Chronically Sick and Disabled Persons Act 1970 Disabled Persons Act 1986 Disability Discrimination Act 1995 Special Ed Needs and Disability Act 2001 (amended)

17 Scotland Chronically Sick and Disabled Persons Act 1970 Local authorities must Must identify disabled people within their area Inform disabled people of their right to service Notify requestor within 7 days after request to how they will be helped or won t be helped Services home help, help to use library, access to ed and rec facilities, help with travel, adaptations to home, telephone equipment or other special equipment

18 Scotland Disabled Persons Act 1986 Local authorities responsible to assess a disabled persons needs when requested by that person or their care giver. Local authority must inform disabled people of the range of their services.

19 Scotland Disability Discrimination Act 1995 Part I Disability Act defines a disabled person as having a physical or mental impairment which has a substantial and longterm adverse effect on his or her ability to carry out normal day-to-day activities Also includes people with a history of disability and those who have a severe disfigurement. People with genetic or other predisposition to a disabling condition are covered once that condition affects day-to-day activities

20 Scotland - DDA Part II Employment December 1996 unlawful for an employer with 20 or more employees to discriminate against a disabled person because of their disability Employers required to make reasonable adjustments to overcome any substantial disadvantage that may affect a disabled person in comparison to someone who is not disabled. (modify equipment, change work hours, modify access to work place) Exempt small businesses with less than 20 employees exempted from employment provisions. So too are the armed forces, police, fire and prison services.

21 Scotland - DDA Part III Discrimination in other areas 1996 unlawful to refuse to serve a disabled person, provide a lower standard of service, or provide a service on less favorable terms Need to amend policies, procedures, practices that prevent or make it unreasonably difficult for services to be accessed. Provide extra help or services Around 2005 (no specific date) service providers will have to take reasonable steps to remove physical barriers that prevent access

22 Scotland - DDA Part IV Education DDA does not, in general terms, affect primary and secondary schools, although further and higher education institutions will be required to publish information about facilities for disabled students. Incidental and ancillary services will have to comply with Part III of Act Amended in 2001 with Special Ed Needs and Disability Act

23 England - DDA Disability Discrimination Act 1995 DDA requires schools, colleges and universities in England and Wales to inform parents, pupils and students about the facilities available for disabled people. Defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person s ability to carry out normal day-to-day activities. People who have a disability, and those that who have had a disability, but no longer have one, are covered by the Act

24 England - DDA DDA builds upon previous legislation Education Act of 1993 and Further and Higher Education Acts of 1992 For further ed colleges to publish disability statements and report to Government on their progress, and future plans for providing further education to students with disabilities For Higher Education to take account of the needs of disabled students and require institutions funded by them to provide disability statements

25 Canada Canadian Human Rights Act All individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sec, sexual orientation, marital status, family status, disability or conviction for an offence for which pardon has been granted. ( , 1985, 1996, 1998)

26 Canada Disability defined Disability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or drugs. Good, service, facility or accommodation Residential, employment

27 Germany Higher Education Framework Act Article 2 and 16 changed by article 28 Article 28 change of the university framework law the university framework law... is changed as follows: 1. 2 Abs. 4 one seizes as follows: "Die universities participate in the social promotion of the studying; they consider the special needs of studying with children. They ensure that handicapped studying in their study are not disadvantaged and the offers of the university if possible without strange assistance to take up to be able. They promote the Sport." in their range; one changes as follows: a) After sentence 3 the following sentence is inserted: must the special interests of handicapped studying Test orders for the keeping of their equal chances considered."

28 Germany Federal Minister of Health and Social Affairs Rehabilitation and participation of disabled people 63. Special assistance for disabled persons is also required in the area of university education. Section 2(5) of the Framework Act for Higher Education requires universities to make it their duty to take account of the special needs of disabled students. To improve the study opportunities, the Deutsche Studentenwerk has set up an advice centre for applicants and students with disabilities which documents the possibilities for study available to disabled persons throughout the country and also provides information and advice. 64. It is also necessary to mention that open university courses also offer a greater degree of self-determination with regard to the place of learning, learning aims and learning speed and, therefore, offer considerable advantages to disabled students. On the other hand, a course of study on an open university basis obviously cannot make the same contribution towards developing the personality and to the social integration of disabled persons as can a course of study under normal conditions. 65. Disabled and non-disabled students have equal access to assistance to promote study under the Federal Education Assistance Act. The Act embodies certain special provisions to compensate for problems due to disability. Thus disabled students receive assistance benefits for the period by which a course of study is extended due to disability beyond the maximum term of assistance. The assistance exceeding the maximum time because of disability is granted as a subsidy and not - as usual - as half loan. Where the income of the parents or of a spouse is taken into account when determining needs, application can be made for expenses for disabled persons which exceed the fixed allowance rates to be taken into account in order to avoid undue hardship.

29 Germany Deutsches Studentenwerk (DSW) Developed internal regulations to address the requirements in the Higher Ed Framework Act Advice Center for University Applicants and Students with Disabilities Function is to contribute towards creating such study conditions at Germany s universities and colleges that students with disabilities are able to study with a physical or psychological disability or a learning difficulty under conditions comparable with those students without disabilities have.

30 Germany Advice Center Collects and documents information Responsible for nationwide provision of information to applicants. Represents the interests of the university applicants on a political, administrative and public level. Weakness it can only give advice and recommendations no authority

31 Germany DSW Developed Internal Regulations based on Higher Ed Framework Act Study and exam regulations Advice services Academic assistance and technical aids focus Grants and financial assistance Accommodation Focus

32 Assignment due Assignment E: Facility Review due Brief discussion of findings Comparison of old and new

33 Assignments for Oct 6 Review publications #1, #2 & 27.