Congratulations to Jane Hodgkinson
Jane Hodgkinson is the Executive Director at Western Du Page Special Recreation Association (WDSRA) in Carol Stream, Illinois. The WDSRA is an intergovernmental partnership that provides recreation opportunities to people with disabilities who live in the nine partner park districts in west suburban DuPage County. Formed in 1976, WDSRA has a distinguished history amongst Illinois service providers. And in the world of recreation and people with disabilities, Jane too has brought the benefits of recreation to thousands of people with disabilities.
The American Academy for Park and Recreation Administration has selected Jane as a “Legend in Parks and Recreation” and she will be interviewed for her insights at the National Recreation and Parks Congress in Minneapolis in October. This is quite an honor and Jane really deserves it too. Feel free to congratulate Jane the old fashioned way at 630/681-0962, or by email at janeh@wdsra.com.
Northfield Park District
The Northfield Park District has retained RAC for a system-wide access audit of its sites and facilities, and the development of a subsequent transition plan. Though the District has fewer than 50 employees and is not required to develop a transition plan, Executive Director George Alexoff recognizes that a transition plan is a great planning tool. George said “We want to do this right. We have paid attention to access as we have developed our sites. The access audit ought to validate our work the last several years”.
Mailbag…
The email and phone calls at RAC are always interesting. This month we helped a parks and recreation agency with a common but sometimes difficult question: How far does the agency have to go to keep a boy with autism in summer camp?
Our discussion centered on a young boy with autism who, when frustrated by his communication deficits, manifests some mild physical behaviors. Before going any farther though, what is autism? The Autism Society actually uses “leisure” in defining this neurological condition. It says:
“Autism is a complex developmental disability that typically appears during the first two years of life and is the result of a neurological disorder that affects the functioning of the brain, impacting development in the areas of social interaction and communication skills. Both children and adults on the autism spectrum typically show difficulties in verbal and non-verbal communication, social interactions, and leisure or play activities." For more information go to http://www.autism-society.org/site/PageServer?pagename=about_whatis.
It isn’t everyday that we see a health condition or disorder defined by how leisure is affected. That highlights the importance of the benefits of recreation for people with this and other disabilities. But that’s a much longer article for another day.
New leadership at this recreation agency wondered whether the notions of an assessment of the child, making a plan to include him alongside people without disabilities, creating a behavior management plan, and assigning a one-to-one staff member were really required, or whether this is just a “smart practice”. There was also some debate about what a “direct threat” is in the ADA world, and whether this boy poses a direct threat to other campers.
In discussions with recreation staff as well as the city attorney, we highlighted portions of the title II regulation issued by the Department of Justice at 28 CFR Part 35. In particular we discussed portions of 35.130 that describe the obligation of a parks and recreation agency to change rules and policies for an individual with a disability, and the whole of section 35.150(b), which discusses the various methods of making reasonable modifications (including the provision of extra staff). We also discussed how common it is, from California to Connecticut, to create behavior plans for kids with autism and manage those plans with a one-to-one staff where so indicated by a thorough assessment of the camper.
In the end, the agency decided to keep the behavior plan, keep the one-to-one staff, and keep the kid in summer camp. That’s a great outcome. The kid with autism benefits…the kids without disabilities benefit…the family of the boy with autism benefits…the community benefits…and the parks and recreation agency avoids exposure for a complaint about extra staff. That last piece is important…almost every extra staff decision has been in favor of the complainant, not the parks and recreation agency. We’d suggest you think twice about trying to become the parks and recreation agency that will be the one to win this argument first, while others have not.
YMCA of USA
Is a YMCA subject to the ADA?
Yes it is, but to a different portion (or “title”) than a local government. Title III of the ADA applies to private entities that are businesses or nonprofits but make their facilities, goods, and services available to the public. Just as a restaurant or car dealership is subject to the ADA, so is a YMCA.
The YMCA of USA is headquartered in Chicago. YMCA leadership staff retained RAC for a webinar on the imminent title III regulation, and we look forward to helping this forward-thinking association provide the Y movement with the tools to be accessible to, and inclusive of, people with disabilities.
Tinley Park Park District
The Tinley Park Park District has retained RAC for a system-wide access audit of its sites and facilities, and the development of a subsequent transition plan. Here is another example of a District with fewer than 50 employees that is choosing to develop a transition plan. Executive Director John Curran said “We want to get ahead here, and by identifying access issues now and incorporating access fixes over the next several years, we think we can do that.”
Disclaimer
Nothing in this newsletter is legal advice. It is instead a relaying of decisions and information about the application of the Americans with Disabilities Act to public recreation. Readers interested in legal advice should seek a qualified attorney in your state that knows the ADA and can apply it to public parks and recreation.