American Action Fund for Blind Children and Adults
Future Reflections Winter 2022 ADVOCACY
by Carlton Anne Cook Walker and Carla Keirns
From the Editor: Singing around the campfire. Learning to paddle a canoe, tie a clove hitch, or design a computer game. Piling onto a bus to visit a theme park or children's museum. Since the late nineteenth century going to summer camp has been an exciting part of life for millions of children throughout the United States. Today, children can experience day camps and sleep-away camps; camps that focus on nature and the outdoors; sports and athletics; computers, math, science, chess, art, music, or practically any other area of interest you can think of. There are Scout camps, church camps, and camps for kids with disabilities or chronic health conditions.
Many organizations sponsor camps for blind children. These camps can provide wonderful opportunities for learning and fun. But suppose your blind child wants to go to computer camp or art camp? Suppose your child is hungry for an outdoor challenge that the camp for the blind doesn't provide? In this article NOPBC President Carlton Anne Cook Walker and NOPBC Board Member Carla Keirns suggest ways parents can ensure that their blind children can participate in summer camp along with their sighted peers.
Summer camp! It's a rite of passage for children and teens across the nation. Before the COVID-19 pandemic set in, about ten million (yes, million!) children and youth attended summer camps each year in the United States. Summer camp has become an integral part of our society, and we certainly want our blind children and youth to have access to the endless array of camps that welcome nondisabled children and youth.
Then, reality strikes.
We know all too well that many people shut down when they find out that a child is blind or has low vision. We know all too well that many people have low expectations for our children, and we know that these low expectations prevent our children from having the access and opportunities that their nondisabled peers enjoy. What do we need to know in order to advocate so our children can attend, enjoy, and be enriched by their attendance at both mainstream and disability-related summer camp programs?
Clearly, you don't want to go into a situation spouting legal precedents or threatening litigation. However, knowledge is power. By knowing and understanding the laws around disability-related discrimination, you can better plan and advocate for your child.
Individuals with Disabilities in Education Act (IDEA): You may be very familiar with the IDEA; it is the law that created and governs IEPs (Individualized Education Plans). Most blind/low-vision children and youth qualify for IEPs, which are legal documents that govern the instruction and tools provided to disabled students who attend public school.
While the IDEA provides support for students at school, it is not limited to the school day. Federal law specifically provides that IEPs must ensure that students with disabilities will have the supports needed "to participate in extracurricular and other nonacademic activities" [20 U.S.C. section 20 U.S. Code § 1414 - Evaluations, eligibility determinations, individualized education programs, and educational placements.] The law applies to extracurricular and nonacademic activities provided by the local education agency (LEA, usually the school district) or activities specifically listed in the IEP (such as an educational summer camp your child attends as part of an Extended School Year (ESY) plan. Thus, the LEA must provide your child needed supports (including instruction, assistive technology, accommodations, and modifications) for activities offered by your public school or listed in the IEP.
Unfortunately, though, most camp opportunities do not fall under the IDEA. Only camps that are specifically mentioned in your child's IEP or that are run by your school district are subject to IEP supports. Please note that all district-sponsored summer camps, including "enrichment" camps, are included. However, LEAs are allowed to put in place nondiscriminatory qualifications for participation, such as requiring a particular level of skill at a sports or band camp.
Section 504 of the Rehabilitation Act of 1973 (generally known as Section 504): This is another law that protects individuals with disabilities. It covers persons of all ages, including children and youth. We may be most familiar with Section 504 in the school setting; some children have 504 plans. Section 504 prohibits disability-related discrimination and requires organizations that receive federal funding to provide reasonable accommodations to enable individuals with disabilities to participate in activities of that organization. Note that Section 504 does not require specialized instruction such as Braille instruction or instruction in the use of assistive technology.
Section 504 applies to all organizations that receive federal funding. Private organizations, including religious organizations, must comply with Section 504 if they receive federal funding. Common examples of federal funding in summer camps include federal program grants, camp scholarships funded through federal sources, furniture and equipment from the Federal Surplus Personal Property Donation Program, and meals supported by the (SFSP).
Americans with Disabilities Act: The Americans with Disabilities Act (ADA) is another federal law that prohibits discrimination against individuals with disabilities. It is very similar to Section 504, but its application to programs is not based on the receipt of federal funding. Instead, the ADA focuses on whether the program is a "public accommodation." Public accommodation is a rather broad term, and it may take some investigation to determine whether a particular camp program is a "public accommodation" or not. The law specifically excludes religious organizations and private clubs from ADA requirements; even if the religious organization or private club receives federal funding, the ADA does not apply.
State Antidiscrimination Laws: Many states have their own antidiscrimination laws. The content and application of these laws varies. Bloomberg Law has compiled a review of relevant state laws that prohibit disability-related discrimination. Here is the link to the website with disability laws state by state: https://www.accessibility.com/rules-and-regulations/united-states-disability-laws.
Only LEAs (public school districts) have to comply with the IDEA. If your child's IEP lists a program run by another organization, your child's LEA is still responsible for implementing the IEP, perhaps by providing equipment or Braille materials to be used in the outside camp.
The protections from discrimination that Section 504 and the ADA provide are very similar. Those protections are set forth below, and the individuals protected are similar. While there are legal differences, the most important difference for our purpose is what kind of organization is covered.
Here's the bottom line: So long as a camp must follow Section 504, the ADA, or both, your child will be protected from disability-related discrimination and will have the right to reasonable accommodations when attending the camp.
Who is Protected Under Section 504 and the ADA? Both Section 504 and the ADA provide protection from discrimination to "qualified individuals." Though there are minor differences in the definition of "qualified individual" under Section 504 and the ADA, the definitions are very similar. In order to be a "qualified individual" and receive the antidiscrimination protections of Section 504 and the ADA, the individual must:
Have a "physical or mental impairment that substantially limits one or more" major "life activities." This definition of "substantially limits" is considered before accommodations are considered. Thus, while a child may be able to read using Braille or enlarged print, the child would still be considered to have a disability in reading regular print materials due to blindness/low vision. Be "qualified" to engage in the activity so long as reasonable accommodations are provided. In other words, the individual has the right to have ACCESS to the program or activity through a reasonable accommodation. However, if the individual still cannot engage in the activity or program, even with reasonable accommodations in place, neither Section 504 nor the ADA require the organization to allow the disabled individual to participate.
What Protections Do Section 504 and the ADA Provide? Both Section 504 and the ADA prohibit covered organizations from acting in such a manner that qualified disabled individuals are excluded from participation in or are denied the benefits of programs and activities of the covered organization. These federal laws also prohibit disability-based discrimination.
Covered organizations may meet their legal obligations in several ways. First, the covered organization may choose to provide for accessibility from the start by installing ramps, adding Braille signage, and having Braille and large-print materials on hand. Alternatively, the covered organization may need to provide a qualified individual with disabilities "reasonable accommodations" so that the individual may participate in the relevant program or activity. At all times, these organizations must guard against overt and subtle discrimination based on disability.
"Reasonable Accommodations" under Section 504 and the ADA: What constitutes a "reasonable accommodation" varies, based on the accommodation that is requested/needed, the impact of that requested accommodation on the program or activity, and the financial resources of the covered organization.
A wide variety of provisions can be considered "reasonable accommodations." Accommodations related to blindness/low vision include:
False assumptions based on disability status pose major barriers to inclusion in programs and activities, including summer camps. Camp staff, administrators, and other campers may presume that our children's lack of 20/20 vision renders them helpless and "a liability risk." When these prejudices are used to prevent our children from attending a camp or engaging in certain camp activities, they constitute disability-related discrimination. Section 504 and the ADA both expressly prohibit disability-related discrimination.
Do your research.
Discuss your plan with others, and include your child in the planning.
Make your plan.
In the end, you want your child to have a great camp experience. To accomplish this, camp staff need to believe in your child and in themselves.
Collaborate and problem-solve.
This is where your planning will really come in handy, because you have written down both the reasonable accommodation and its purpose. If the camp wants to reject certain reasonable accommodations, you can bring them back to the purpose of the request. For example, the purpose of an activity might be to read a passage and discuss it with peers. In this case, it is important that the child has access to the text, and merely hearing someone read it aloud won't be enough. In contrast, the purpose of the activity might be to list available activities for free period. In that case, it may be sufficient to read aloud to all the campers and refrain from providing any writing (either print or Braille) to any campers.
Help them recognize that your child will not be a liability, but a true asset to the camp community. Like every camper, your child has a lot to learn and a great deal to contribute.