State of Illinois Releases OSLAD Grants
Decades ago, through the hard work of the Illinois Association of Park Districts and the Illinois Park and Recreation Association, the State of Illinois created an open space and land acquisition and development grant program. Funded by a very small percentage of the real estate transfer tax, the Open Space Land Acquisition and Development (OSLAD) program has matched local government funds to bring the benefits of parks and recreation to more communities.
In late May of 2011 the State of Illinois announced it would release the 2011 OSLAD grants, for a total amount of $11,734,000. Several RAC clients received grants. Congratulations to all of the recipients, including many RAC clients. And most importantly, congratulations and thank-you to the hundreds of parks and recreation professionals and board members who advocated for this program.
OSLAD had been frozen due to the budget crisis facing the State of Illinois. Let’s hope this action by one Great Lakes state signals a trend for other states with grant programs.
Winnebago County Forest Preserve District
The Winnebago County Forest Preserve District in Rockford, IL has retained RAC for the mandated 35.105 system-wide access audit of parks and facilities. Tom Kalousek, the District Executive Director, said “March 15 of 2012 is not far away. With our own busy schedules, we did not have staff that we could assign to this task. We sought qualified firms and RAC was our first choice.” RAC is looking forward to the diverse outdoor recreation sites we will audit at the District.
NRPA Policy Roundtable on Access and Inclusion Issues
The National Recreation and Park Association will, on August 2, host a day-long policy roundtable titled “Communities Putting Prevention to Work” (CPPW). RAC President John McGovern will speak on “Equity: Access to Parks”. One of the goals of the policy roundtable is to discuss ways to increase physical activity for underserved communities.
The roundtable will be held in Atlanta, GA. For registration information go to www.nrpa.org or call 703/858-0784.
Department of Justice Update
On May 31 the US Department of Justice (DOJ) published a settlement agreement with a private school in Louisiana (a title III entity). The agreement requires the school to change its policies regarding students with diabetes and to take very specific steps to manage the students’ diabetic condition.
A link to the settlement is here http://www.ada.gov/alexandria_settle.htm.
Amongst other things, the school is required to adopt a diabetes policy, and make families aware of the diabetes policy. Families of students are to be asked to submit a diabetes management plan to school officials.
Other elements of the settlement are mandatory training for school employees about diabetes and the diabetes policy, and making employees aware of how to handle, operate, and dispose of the tools used by a child with diabetes, such as an insulin pump.
This is an important settlement as most of our client’s summer camps are starting this month. Remember that it was the intention of Congress that states and local governments have a higher bar to reach with regard to the ADA than do private entities, like this Louisiana school. If your agency does not have a diabetes policy, or if staff have not been trained in this regard, doing both sooner rather than later is a good idea.
Boulder, CO Parks and Recreation
The City of Boulder just retained RAC for access audits at selected sites, and training of employees. RAC will also license the use of its checklists to the Department, and Department staff will use the checklists for subsequent site audits. The City of Boulder is recognized nationwide as a leader in recreation access and inclusion.
Recreation Manager Colleen Fitzgerald said “Our staff has worked hard to make certain that new sites meet the Access Board guidelines for recreation. The guidelines are now a final regulation, and we want to build our own capacity to evaluate sites. RAC has the right mix of training skills and audit expertise for our City.”
Email, We Get Email…
A New Jersey professional emailed us with a great scenario, especially with summer camps starting all over the US. She asked:
“I have a potential situation with a 14 year old in a local municipal recreation program this summer. The teen has, this year in school, developed a history of behavior that involves verbal and physical aggression. I am working with his adapted PE teacher but there is no behavior specialist or counselor involved for the summer program. This teen camp program has strict behavior expectations. My understanding from an ADA perspective is if this teen acts out and hurts or shows physical aggression they can’t permanently dismiss him from the program without showing that an assessment occurred and reasonable modifications to reduce this behavior were in place...is my understanding correct? This recreation program staff was surprised when I stated my understanding. The staff were concerned that if he connects with another camper their parents will be on the doorstep the next morning demanding the removal of this boy. The mom of this teen did tell me that he had a situation this year in science where he grabbed some kids…I think on the arm….and those parents did call the principal’s office and asked that their kids be moved away from him. I am meeting with the recreation staff tomorrow AM..any help would be greatly appreciated.
Ahhh, summer. Here was our reply:
Camp conduct expectations can be enforced, so long as reasonable modifications are in effect, such as one-to-one staff and a behavior plan. Without reasonable modifications the camp conduct expectations cannot be enforced except for the most severe conduct, like bringing a knife, or slashing a fellow camper with a pen.
You also ought to consider a definition of harmful physical contact. Grabbing someone’s arm does not meet the definition I would use. Here it is:
Harmful physical conduct is conduct that leaves a mark for at least 24 hours, or requires medical attention to correct. This includes a puncture, bruise, abrasion, fracture, cut, dislocation, or similar trauma. This definition specifically excludes grabbing, pushing, and pulling unless that act results in one of the traumas named above, and spitting.
Rockford Park District
“We have been auditing sites for more than a year now, and we wanted a ‘quality check’ on our work“ explained John Beck, Events & Recreation Project Manager for the Rockford Park District in Rockford, Illinois. RAC will audit some of the District’s larger sites, and also re-audit a small number of sites Beck and his crew already evaluated. “We are excited about the re-audits, and that will give us a glimpse into whether we have missed elements at some of the earlier sites.
Shelley Says…Playground Designated Entries are a Great Idea!
While not a requirement of the 2010 Standards for Accessible Design, we have always recommended designated entries to play areas as a smart practice for all of our clients. Since most of the playgrounds we see use an engineered wood fiber (EWF) surface, we all realize that to maintain that surface as accessible takes a great deal of time and manpower. Remember the 1008.2.6.1 requirement that says “Ground surfaces must be inspected and maintained regularly and frequently to ensure continued compliance with ASTM F1951.”
For play areas that have a pathway access to the surface that is 360 degrees around the structure, maintenance is required for the entire boundary of the site. On the other hand, with a designated entry, the area to the boundary that must be inspected and maintained can be shrunk to a 60” wide opening in the boundary.
When an accessible route, pathway, sidewalk, or other route leads the patron to a single point of entry, which is identified with park district or parks and recreation department signage, this narrows the “target area” for correction and maintenance to that single point. Subsequently, that entry leads to a reasonable route connecting all of the accessible elements in the play area. As previous articles have expressed, we are not proponents of the EWF surface due to the fact we have yet to find one that is maintained to an accessible level at all times. Even when newly filled, within minutes of a group of children descending upon a play area, multiple areas can be found that will fail the slope and impact test.
However, if EWF is the best answer for your district or department, keep in mind the inspection and maintenance requirement, and the cost of that requirement. To help yourself in that area, always request a designated entry when altering or designing a new play area.
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 parks and 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.