Upload
khangminh22
View
0
Download
0
Embed Size (px)
Citation preview
WORKING WITH PEOPLE WITH DISABILITIES: A TRAINING PROGRAM FOR
EMPLOYEES OF THE SIX FLAGS THEME PARKS
A Project
Presented to the faculty of the Department of Recreation, Parks & Tourism
Administration
California State University, Sacramento
Submitted in partial satisfaction of the requirements for the degree of
MASTER OF SCIENCE
In
Recreation, Parks & Tourism Administration
by
Jamie Lynn Jackson
SPRING 2017
iii
WORKING WITH PEOPLE WITH DISABILITIES: A TRAINING FOR EMPLOYEES
OF SIX FLAGS THEME PARKS
A Project
by
Jamie Lynn Jackson Approved by: __________________________________, Committee Chair Dr. Jamie Hoffman, CTRS __________________________________, Second Reader Dr. Elizabeth Erickson ____________________________ Date
iv
Student: Jamie Lynn Jackson
I certify that this student has met the requirements for format contained in the University
format manual, and that this project is suitable for shelving in the Library and credit is to
be awarded for the project.
__________________________, Graduate Coordinator ___________________ Dr. Katherine Pinch Date Department of Recreation, Parks & Tourism Administration
v
Abstract
of
WORKING WITH PEOPLE WITH DISABILITIES: A TRAINING FOR EMPLOYEES
OF SIX FLAGS THEME PARKS
by
Jamie Lynn Jackson
In 2015, the Americans with Disabilities Act celebrated its 25th Anniversary. While this
law has helped open up doors to millions of people with disabilities, there is still not a
well know training to assist people who work with and interact with people with
disabilities. This project was designed to assist the Leadership and Supervisory team at
Six Flags Discovery Kingdom to better assist guests with disabilities. At the time of this
project, Six Flags had a minimal training for team members on how to assist and interact
with guests with disabilities. This program will assist the Leadership team members at
Six Flags Discovery Kingdom to best assist guests with disabilities.
_______________________, Committee Chair Dr. Jamie Hoffman, CTRS _______________________ Date
vi
ACKNOWLEDGEMENTS
I would like to extend my deepest gratitude to my committee members, Dr. Jamie
Hoffman and Dr. Elizabeth Erickson for their words of encouragement and tireless hours
of reading and critiquing over the years. As well as the fabulous professors of the CSU,
Sacramento Recreation, Parks and Tourism that have greatly contributed to my learning
opportunities.
To the Leadership team at Six Flags Discovery Kingdom who has been very
accepting and open to the project. I could not have asked for a more supportive and
interactive team to assist me with my research and keep me motived over years.
Finally, I could not give enough thanks to my family. First, to my parents,
Marlene and Dwight Jackson; thank you for the many hours of dinner in my room, days
at the library and numerous reminders to keep going and all I was working for. Next, to
my sister, Katie Jackson; thank you for always being my rock and for helping me through
my many sleepless nights. Thank you also for the numerous nights that I slept on your
couch to allow me to get to the library early or stay late. I could never thank you all
enough for your encouragement and reminder of what I was working for. Thank you.
vii
TABLE OF CONTENTS Page
Acknowledgements ...................................................................................................... vii
Chapter
1. INTRODUCTION ………………………………………………………………....1
Statement of the Problem……………………………………………………….7
Purpose of the Project………………………………………….…………….....8
Limitations……………………………………………………………………...9
Delimitations…………………………………………………..……………......9
Definition of Terms…………………………………………….……………...10
2. LITERATURE REVIEW………………………………………….………….…..13
History of the Americans with Disabilities Act………………...……….……14
Inclusion in Recreation……………………………………………..………....29
Hiring, Training and Development…………………………………...……….32
3. METHODS………………………………………………………………………..42
Setting…………………………………………………………………………42
Training Modules……………………………………………………………...43
Supervisor Information Card………………………………………………….43
4. RESULTS………………………………………………………..……………..…45
Section 1: Introduction...…………………………………………..……….....45
Section 2: Power Point Training…………………………………………........47
Section 3: Supervisor Information Card……………………………………....78
viii
5. DISCUSSION AND CONCLUSION…………………………………………….79
Appendix A…………………………………………………………………………....82
Appendix B………………………………………………………………………....…86
References……………………………………………………………………………..88
Chapter 1
INTRODUCTION
On June 13, 1866, the United States Congress passed Amendment XIV, later
ratified on July 9, 1868, which addressed the citizenship and rights of citizens of the
United States of America (“14th Amendment”; “The constitution of the United States:
Amendments 11-27”). Section 1 of the Amendment states:
“All persons born or naturalized in the United States, and subject to the jurisdictions thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (“14th Amendment”; “The constitution of the United States: Amendments 11-27”) The 14th Amendment gave all persons who were born United States citizens, or
those persons who became naturalized citizens, the same protection of civil liberties and
the right to pursue life, liberty and happiness. The 14th Amendment was the basis for the
argument brought before the Supreme Court during the fight for civil rights in the 1950s
and 60s. Under the 14th Amendment, all persons receive the same treatment and
protection as part of their civil right, “an enforceable right or privilege, which if
interfered with by another gives rise to an action for injury” (“14th Amendment”). The
Civil Rights Movement provided the basis for the argument that would be presented for
the development of the Rehabilitation Act of 1973, which would later translate into the
Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities
Act (ADA) (“Statutes, regulations and case law protecting individuals with disabilities,”
2
2004). However, before the Civil Rights Act and the Americans with Disabilities Act
were signed into law, people with disabilities had a long fight to ensure they received the
same rights that other Americans enjoyed.
When America was first founded, Congress provided health coverage for seamen
who were sick or had a disability. This was extended to members of the military during
the Civil War, when Congress created a “disability system” which focused on income
supplementation (Stefan, 2001). After World War I, Congress changed the focus of laws
for veterans to focus on vocational rehabilitation; both programs were only focused on
those persons who served in the military, not on the civilian population. Congress’s
response was to pass the Fess-Kenyon Act which extended vocational rehabilitation to all
persons “disabled in industry or in any legitimate occupation” (Stefan, 2001, p. 79;
Mezey, 2005). The Fess-Kenyon Act was signed into law June 2, 1920; however, it was
replaced with the Vocational Rehabilitation Act of 1943 on July 6, 1943 (Fess-Kenyon,
2012).
Vocational rehabilitation began to extend to all people when Congress voted in to
law the Vocational Rehabilitation Act of 1954. The purpose of the expansion was to “aid
physically handicapped individuals,” as well as defining the population as “people under
a physical or mental disability which constitutes a substantial handicap to employment”
(Stefan, 2001, p. 79; Mezey, 2005). The passing of the Vocational Rehabilitation Act of
1954 allowed Congress to pass the first disability insurance program Social Security
Disability Insurance (SSDI). Although at first the program was not a major step towards
equal treatment, it did give medical assistance to an extremely small group of people; it
3
was only available to those between the ages of 50 and 64 who could show proof of
employment for at least 20 quarters prior to the impairment (Stefan, 2001).
It appeared that there was finally medical assistance for persons with physical and
mental disabilities; however, it only covered those whose impairments prevented “any
substantial gainful activity” and were expected to result in death, or at least be of “long-
continued and indefinite duration” (Stefan, 2001, p. 79). The SSDI continued to grow and
now covered any person who becomes disabled after a minimum of 10 years of work. In
1965, Congress went on to sign into law an additional program for insurance assistance,
the Medicaid program, which was designed to help those who could not afford the cost of
health insurance (Stefan, 2001).
At the time Medicaid was signed into law, the Civil Rights Movement was in full
force and the idea of ensuring civil rights for all turned into a wild fire of change for
people who had been discriminated against based on the color of their skin (Civil Rights
Act of 1965), their sex (Fair Voting Act of 1965), or their disability (Stefan, 2001;
Mezey, 2005). For members of the community who had a disability, the Civil Rights
Movement helped show and strengthen the argument that all persons should be treated
equally, and “disabilities rights should be treated and recognized as civil rights” (Mezey,
2005, p.10). Members of the community believed that the “focus should be on the
interaction between society and the individual, which is a social construct rather than a
medical one” (Mezey, 2005, p.10-11; Stefan, 2001).However, even with this new
movement, the community had a continuing fight ahead of them which would lead them
4
first to the passage of the Rehabilitation Act of 1973, and eventually the Americans with
Disabilities Act.
In 1972, the Senate presented an amendment to the Civil Rights Act of 1965
which prohibited discrimination on the basis of disability in all federally-funded
programs. A similar amendment was proposed in the House of Representatives, however,
neither amendment ever made it to the Committee it was assigned to, or was even voted
upon by either house (Stefan, 2001). However, a powerful sentence that prohibited
discrimination against any person with a disability was added to the appropriation of
funding of all vocational rehabilitation programs. This legislation:
“was a sweeping measure intended to redesign vocational rehabilitation, principally directed at expanding vocational rehabilitation services, research, and training to reach people with the most severe disabilities, who had been drastically underserved” (Stefan, 2001, p. 85)
The proposal was passed by Congress; however, it was pocket vetoed by
President Nixon. By this point, the community was better organized and had the ability to
protest in multiple cities. In April of 1973, after the elections, Congress was able to pass
the bill again; however President Nixon once again vetoed it as worthless spending of
government funds. Unfortunately, Congress was unable to overrule the veto (Stefan,
2001; Mezey, 2005).
The bill was introduced again in the spring of 1973, with concessions to President
Nixon’s concerns, and was signed into law without any change in the original language
pertaining to discrimination. Persons with mental and physical disabilities were eligible
and entitled to its benefits and protection against discrimination “as long as their
5
condition caused a ‘substantial disability to employment’ and the individual ‘could
reasonably be expected to benefit in term of employability’” (Stefan, 2001, p. 86).
Congress continued to push forward and work on anti-discrimination aspects of
other laws as well, such as the Vocational Rehabilitation Act. Congress made
amendments to the original language to define and expand the coverage of anti-
discrimination, due to the fact the original language read as prohibiting discrimination
only in regards to employment (Stefan, 2001). This was not the end of the changes made
by Congress, as they continued to attempt to extend discrimination protection to people
who did not have a disability but, were discriminated against because it was perceived
that they did. Congress pushed for legislation that protected against disability
discrimination and mirrored that which protected minorities from discrimination under
Title VI and VII of the Civil Rights Act of 1964 (Stefan, 2001; Mezey, 2005). President
Ford vetoed the new language; however Congress voted to override the veto and pass the
changes.
The changes Congress made were not only beneficial to the Civil Rights Act of
1965 and the Rehabilitation Act of 1973, they also laid the foundation for the language
and sections of the Americans with Disabilities Act that was to follow a little more than
15 years later. Section 504 of the Rehabilitation Act became comparable to Title VI of
the Civil Rights Act, and prohibited any form of discrimination based on disability or
perceived disability in any programs that received federal funding (i.e., schools, after-
school programs, federal grant-run camps, etc.). Section 501 of the Rehabilitation Act
was made to read as Title VII of the Civil Rights Act, prohibiting discrimination against
6
any person with a disability or a perceived disability who sought employment with any
federal agency. Both Title VII and Section 501 were used when writing Title I of the
Americans with Disabilities Act, which is presented later in this thesis (Stefan, 2001;
Mezey, 2005). Section 504 of the Rehabilitations Act received an update in 1978 to
include “all programs and activities conducted by federal executive agencies” (Stefan,
2001, p.87).
The Rehabilitation Act of 1973 was not sufficient to guarantee freedom from
discrimination for all persons with disabilities, which became apparent in the mid-1980s
(Stefan, 2001). The Rehabilitation Act was unable to remedy discrimination against
people with disabilities due to various limitations. Its language was specific to
discrimination only on the basis of disability, it only covered programs that received
federal funding, and there were inconsistencies in its judicial interpretation (Stefan,
2001).
In 1986, the National Council on the Handicapped, known now as the National
Council on Disability, recommended legislation that overcame the limitations of the
Rehabilitation Act and ensured that people with disabilities were protected against
discrimination (Stefan, 2001).The council began drafting legislation for the new law in
1988, before introducing the Americans with Disabilities Act to Congress. Unfortunately,
the original draft failed to pass; however, a new version was presented in 1989. Congress
took the time to hold 14 hearings at the Capitol, joined the community in 63 field
hearings, and accepted hundreds of journals from persons with disabilities describing
discrimination that they had experienced (Stefan, 2001).
7
The Americans with Disabilities Act was signed into law on July 26, 1990 by
President George H.W. Bush. The Act had five sections including: (1) Title I, covering
employment, (2) Title II, covering discrimination in transportation and government
agencies at the local and state levels, (3) Title III, covering prevention of discrimination
in regards to public accommodation, (4) Title IV, covering telecommunications, and (5)
Title V, covering all miscellaneous items that may arrive (Stefan, 2001; Mezey, 2005;
Americans with Disabilities Act Title III regulations: Nondiscrimination on the basis of
disability by public accommodations and in commercial facilities, 2015; Statues,
regulations and case law protecting individuals with disabilities, 2004; Jasper, 1998;
Goren, 2011)
The Americans with Disabilities Act was designed to prevent discrimination and
ensure access for all people, regardless of whether they had a disability or not. Although
the Act recently celebrated its 25th anniversary, this does not mean the job is done in
regards to learning about the Americans with Disabilities Act, creating new programs to
include all persons and finally, creating new and updated Americans with Disabilities Act
training. In the case of this project, the focus is on creating a new training program for the
leadership team at Six Flags Discovery Kingdom.
Statement of the Problem
Last year, the Americans with Disabilities Act celebrated its 25th anniversary.
There are multiple training programs available to employers and employees to ensure
they are providing the best services possible to their guests and clients. Yet, there is no
standardized training program for employers to provide to employees to equip them with
8
a complete understanding of the Americans with Disabilities Act and how it affects their
daily roles and interactions with guests and clients. While minimal training exists, there
needs to be greater emphasis of legal aspects when training leadership team members.
The leadership team Six Flags Discovery Kingdom consists of the leadership team
consists of the full-time and seasonal Supervisor team members
Purpose of the Project
This master’s project is designed to create a program to help the leadership team
at Six Flags Discovery Kingdom, both full-time and seasonal. The aim is to give them a
more in-depth knowledge and understanding of the Americans with Disabilities Act, and
teach guests and team members how best to make accommodations for people with
disabilities. According to the 2010 U.S. Census, 19.3%, or one in five, of the American
population, report having a disability (Smith, et al., 2011). These numbers only represent
the population of the United States and do not count international visitors to the park.
Regardless, visitors are not covered under the law but still receive the same
accommodations as US citizens when visiting a theme park.
At the time of this project, Six Flags Inc. had a basic Americans with Disabilities
awareness video that was shown to all seasonal team members at least once a year during
their introduction to the company. This video reviews the social etiquette to be used when
interacting with a guest with a disability, such as using people-first language, not
touching their wheelchair, getting down to their eye level, and making sure to speak
directly to the person and not their aid. The current training is available to all team
members but is directed at front-line team members. This training program aims to give
9
the leadership team a better understanding of the Americans with Disabilities Act, as well
as empower them to ensure no section is being over looked. After implementation for the
Leadership team, the plan is to integrate it into the basic training of each team member,
especially examination of Title III of the Act as it has the heaviest impact on front-line
cast members.
Limitations and Delimitations
Limitations
This project had various limitations and delimitations. The first limitation was
with respect to access to information regarding the number of persons with disabilities
who visit Six Flags Discovery Kingdom and the other 10 U.S.-based Six Flags Theme
Parks. The park does keep track of the number of Accessibility and Special Needs Passes
that are made available each operating day at Six Flags Discovery Kingdom or the other
10 parks, and the number of persons within the guests’ with disabilities groups. The
computer system counts the number of passes distributed; however, it is private and
proprietary information.
The second limitation is that the project was developed for a single specific park.
It was designed to provide the training needed at Six Flags Discovery Kingdom, Vallejo,
California.
Delimitations
The main delimitation of this project is that it only focuses on the Americans with
Disabilities Act and the history leading up to this law. This decision was made to inform
10
the leadership and company the training that is needed for theme parks in the United
States.
Definition of Terms
The project uses certain terminology that is defined as follows:
Accessibility – “The ease with which a person with a disability may approach, enter,
operate, participate in, and or safely use a site, facility work environment, service
or program” (U.S. Department of Labor, 2010a, para. 2).
Americans with Disabilities Act (ADA) – “A federal legislative act passed by Congress
in 1990 to protect individuals with disabilities from discrimination in employment
opportunities and ensure access to various social institutions” (Bowman, 2011, p. 85).
Commercial Facilities – “(1) Facilities whose operations will affect commerce; (2) That
are intended for nonresidential use by a private entity; and (3) That are not – Facilitates
that are covered or expressly exempted from coverage under the Fair Housing Act of
1968, as amended (42 U.S.C. 3601-3631)” (“Americans with Disabilities Act Title III
regulations: Nondiscrimination on the basis of disability,” 2010).
Disability Awareness – Perceptions team members have about various disabilities and
how they can assist the guests.
11
Disability – “[A] major life impairment preventing (a person) from participating easily in
life activities such as walking, seeing, hearing, and thinking” (Brown, 2002, p. 34).
Existing facility – “A facility in existence on any given date, without regard to whether
the facility may also be considered newly constructed or altered under this part”
(“Americans with Disabilities Act Title III regulations: Nondiscrimination on the
basis of disability,” 2010).
Inclusion – “Inclusion means all people, in all environments, all the time; or as others
have simply and eloquently said, All means All” (Snow, 2011, para.1).
Person first language – “Person first language respectfully puts the person before the
disability. A person with a disability is more like a person without disability than
different” (Snow, 2008, para. 1).
Place of public accommodation – “A facility operated by a private entity whose
operations affect commerce and fall within at least one of the following categories – (1)
place of lodging, (2) an establishment serving food or drink, (3) a motion picture house,
(4) an auditorium, (5) a bakery, (6) a laundromat, (7) a terminal, (8) a museum, (9) a
park, (10) a nursery, (11) a day care center, (12) a gymnasium” (“Americans with
Disabilities Act Title III regulations: Nondiscrimination on the basis of disability,” 2010).
12
Private entity – “A person or entity other than a public entity” (“Americans with
Disabilities Act Title III regulations: Nondiscrimination on the basis of disability,” 2010).
Reasonable Accommodations – “Under Title I, a modification or adjustment to a job, the
work environment, or the usual way things are done that enables a qualified individual
with a disability to enjoy an equal employment opportunity. Reasonable accommodation
is a key nondiscrimination requirement of the ADA” (U.S. Department of Labor, 2010,
para. 15).
Service animal – “Any dog that is individually trained to do work or perform tasks for
the benefit of an individual with a disability, including a physical, sensory,
psychiatric, intellectual or other mental disability” (“Americans with Disabilities Act
Title III regulations: Nondiscrimination on the basis of disability,” 2010).
13
Chapter 2
LITERATURE REVIEW
The literature review for this project took a comprehensive look at four main
areas of concern. First, the researcher examined the history of the Americans with
Disabilities Act. Next, the researcher investigated inclusion in recreation, followed by
research on co-cultural theory and its impact on theme parks and training programs.
Finally, the researcher examined how inclusion and co-cultural theory can be used
together to develop and implement a leadership training program at Six Flags Discovery
Kingdom which will help leaders to better assist guests with disabilities during their
visits.
The research presented will be used to communicate a better understanding of the
needs of an underserved population at Six Flags Discovery Kingdom. By training the
leadership team at this specific park will help leaders be more comfortable and confident
assisting guests with disabilities. Leaders will instill that same comfort and confidence
into their team members, thus changing the feeling of uncertainty some team members
feel when interacting with guests with disabilities. Once implemented at Six Flags
Discovery Kingdom, the training program will hopefully be implemented company-wide
at the other 10 theme parks and five water parks. Eventually, the program can be
expanded to include international laws regarding guests with disabilities. It would be
ideal to implement the program at the two current international parks in Mexico City,
Mexico and Quebec, Canada, and the two future parks in China and Indonesia.
Throughout this project, the researcher worked closely with the Training and
14
Development Leader from Corporate Six Flags Inc. in order to keep him informed of
progress and training plans.
History of the Americans with Disabilities Act
The Fourteenth Amendment was written on to the Constitution in July 9, 1868
("Primary documents in American history") and provides equal rights under the
protection of the law for all native-born or naturalized citizens of the United States ("14th
Amendment"). The Fourteenth Amendment was written to limit the Government’s power
to discriminate. It is an extension of the Fifth Amendment which provides for citizen to
have the rights to “life, liberty and the pursuit of happiness” in anyway unimpeded by the
U.S. Government and its elected officials ("U.S. Constitution – 5th and 14th
Amendments").
The fight for rights for persons with disabilities started long before the Civil
Rights Movement. In 1927, the U.S. Supreme Court ruled during the case of Buck v. Bell
that no constitutional rights were violated when people with mental disabilities were
forcibly sterilized. The case was brought by Carrie Buck against the Bell Institute that
was run by the State of Virginia. Buck was placed in the institution after becoming
pregnant as a result of being raped in foster care (Pelka, 2012). It is believed that Buck
may not have even had a mental impairment, but was a victim of discrimination and was
seen as a member of “the shiftless, ignorant and worthless class of anti-social whites in
the South” (p. 2). Justice Oliver Wendell Holmes Jr. was quoted as comparing persons
with disabilities to criminals and that, in his opinion, it was society’s responsibility to
prevent more “criminals” from continuing their kind (Pelka, 2012). A little over two
15
decades after Buck presented her case and was sterilized, the Court was again presented
with cases which presented questions of the “individual rights of minority people” (Pelka,
2012). The Civil Rights Movement began and a fire was lit across the nation, allowing
for the Disability Rights Movement to come to the fore.
As shown in What we have done: An oral history of the disability rights
movement (Pelka, 2012), while arguing in front of the U.S. Supreme Court in defense of
racial segregation during Brown v. Board of Education (1954), John W. Davis
inadvertently made the argument that would later be used in PARC (Pennsylvania
Association for Retarded Children) v. Pennsylvania (1971) and would become the
defining analogy of the American disability rights movement:
“…[Court], I think it the appellants’ construction of the Fourteenth Amendment should prevail here…, I am unable to see why a state would have any further right to segregate its pupils on the grounds of [sex, age] mental capacity. If it may classify it for one purpose on the basis of admitted facts, it may, according to my contention, classify it for other.” (p. 1) Up to this point, parents of children with disabilities had been urged to use the
court system to force schools to admit their kids. Parents were urged to use the
Fourteenth Amendment to advocate for their children’s right to an inclusive education as
it was the only legal option that was available at the time (Pelka, 2012, pp. 1-2).
Before the inception and signing of the Americans with Disabilities Act in 1990,
there were laws and Amendments made to cover the citizens of the United States. The
Fourteenth Amendment was signed on July 9, 1868 ("Primary documents in American
history") to expand the rights covered under the Fifth Amendment. In 1973, the
Rehabilitation Act of 1973 was signed into law. It was the first big legislative move to
16
secure rights for all persons with disabilities, rather than one group of persons, providing
a wide range of assistance for people with physical and mental limitations ("United States
laws: Overview of the Rehabilitation Act of 1973 (Sections 504 and 508)"). This
legislation was presented to assist people with disabilities that had difficulty holding
employment, living independently and being included in the community. Since its
original inception, the law has been amended twice-first in 1993 and then again in 1998-
with the additions of Sections 504 and 508, respectively. Section 504 presented the
context of the law, while Section 508 delivered the direction or the blueprint ("United
States laws: Overview of the Rehabilitation Act of 1973 (Sections 504 and 508)").
Section 504 of the Rehabilitation Act of 1973 was the first civil rights legislation
that was designed to protect persons with disabilities from discrimination based on their
disability ("United States laws: Overview of the Rehabilitation Act of 1973 (Sections 504
and 508)"; Pelka, 2012; "A Guide to Disability Rights Laws"). In 1998, during the
reauthorization of the Rehabilitation Act, an amendment was added-Section 508. The
amendment prevents the Federal Government from “procuring electronic and information
technology (E&IT) goods and services that are not fully accessible to those with
disabilities” ("A Guide to Disability Rights Laws"). This amendment required that
information technology systems must be accessible in a variety of ways and “[do] not
rely on a single sense or ability of the user” ("A Guide to Disability Rights Laws"). The
Rehabilitation Act of 1973 and the Reauthorized Rehabilitation Act of 1998 both focused
on preventing discrimination against persons with disabilities; however, the regulations
were only applicable to the Federal Government and those who received funds from it,
17
neither of which described a commercial recreational organization such as Six Flags
Discovery Kingdom.
Shortly after the signing of the Rehabilitation Act of 1973, the Education for All
Handicapped Children Act of 1975 was signed into law by President Gerald Ford (Pelka,
2012). The law was signed as an expansion of Title VI Elementary and Secondary
Education Act (ESEA) (Special Education Legislation: A Synopsis of Federal and State
Policies: The Education for All Handicapped Children Act). The law was created to
ensure all children received a full education, whether they had a disability or not. The law
ensured that six regulations must be followed: “(1) zero reject and a free and appropriate
public education, (2) nondiscriminatory identification and evaluation, (3) individualized
education program, (4) the least restrictive environment, (5) due process and (6) parental
participation” (Special Education Legislation: A Synopsis of Federal and State Policies:
The Education For All Handicapped Children Act).
The Education for All Handicapped Children Act of 1975 was changed to the
Individuals with Disabilities Education Act (IDEA) in 1990 ("A Guide to Disability
Rights Laws," n.d.). The law was the same, requiring all public schools to provide an
education to all children in the least restrictive environment for that child’s needs, and
starts special education at the age of three ("A Guide to Disability Rights Laws," n.d.;
Special Education Legislation: A Synopsis of Federal and State Policies: Individuals
With Disabilities Education Act). The IDEA was based on the Education for All
Handicapped Children Act because it focused on a whole team approach to children’s
education, bringing Special Education, General Education and parents into the decision-
18
making process (Special Education Legislation: A Synopsis of Federal and State
Policies: Individuals With Disabilities Education Act). The biggest part of the IDEA law
relevant to commercial recreation is the idea of providing assistance to children with
disabilities in the least restrictive environment possible. In commercial recreation, this
translates to accommodations for the persons’ disability based on their needs, such as an
accommodation pass for waiting in line for the attractions in the park or a quiet area to
calm down and relax that is not central to the park or facility.
On July 26, 1990, President George H. W. Bush signed into Federal law the
Americans with Disabilities Act (ADA), a major piece of civil rights legislation that
made it illegal to discriminate against a person with a disability (Jacobs & Lauber, 2011;
Madrigal, 2014). Before the law was signed, it was passed with overwhelming bipartisan
support in the House of Representatives and Senate (Jacobs & Lauber, 2011). During the
signing of the Americans with Disabilities Act, President Bush professed “every man,
woman and child with a disability can now pass through once-closed doors into a bright,
new era of equality, independence and freedom” (Jacobs & Lauber, 2011, p. 35).
At the time of the signing of the Americans with Disabilities Act, Congress
established that there were 43 million Americans with physical and mental disabilities.
They could all face discrimination in recreation, housing, employment, public
accommodation, education, transportation, and communication, etc. (Jacobs & Lauber,
2011).
Over the years, the definition of a person with a disability has become more and
more focused, which helps employers to avoid discrimination against them. One such
19
change was the addition of criteria to the definition that qualified a person as having a
disability. According to Oceana’s law for a layperson: The Americans with Disabilities
Act (1998), the criteria for qualifying, in the eyes of the law, were that the person “(i) has
a physical or mental impairment that substantially limits one or more major life activities;
(ii) has a record of such an impairment; or (iii) is regarded as having such an impairment”
(p.5). However, according to Statues, regulations and case law protecting individuals
with disabilities (2004), a person covered by the Americans with Disability Act must
meet all the previous criteria and “such person must be able to perform the essential
functions of the positions with or without a reasonable accommodation (p. 112).
Clarification of the requirements have made it easier for employers and employees to
better understand the law and the protection that it supplies. For example, if a person has
recently begun to wear a cast or brace after breaking his or her arm, they are not
necessary covered due to the temporary nature of the change in their daily life activities.
However, a person who is in a cast or brace after surgery may be covered under the
Americans with Disabilities Act due to the more permanent change in his or her daily life
activities. This example is broad as each person’s disability is unique to that person and
may require different accommodations. It is only given as a general illustration of who
may or may not be covered under the law. To ensure no person with a disability was
discriminated against, the Americans with Disabilities Act was divided into five sections
to cover every aspect of life: Title I - Employment; Title II - Public Services; Title III -
Public Accommodations; Title IV - Telecommunications; and Title V - Miscellaneous
(Jacobs & Lauber, 2011; Madrigal, 2014; Bullock, Mahon & Killingsworth, 2010; Smith,
20
Austin, Kennedy, Lee & Hutchison, 2011, Goren, 2011). When first looking at the
Americans with Disabilities Act, it can appear that every title of the law pertains to every
line of business of the park. However, each title actually addresses a specific part of a
person’s daily life, from work to transportation to communication.
Title I of the Americans with Disabilities Act addressed all aspects of
employment, from hiring to resignation, from job pre-requisites to accommodations. Title
I focused on the relationship between an employer and the job applicants and employees
(Statues, regulations and case law protecting individuals with disabilities, 2004). The
general rule of Title I is:
“No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensations, job training, and other terms, conditions, and privileges of employment.” (p. 112)
Covered entities fall into one of three categories: (1) employers with 15 or more
employees, (2) employment agencies or (3) unions with 15 or more members (Statues,
regulations and case law protecting individuals with disabilities, 2004; Jasper, 1998;
Goren, 2011). The only exception to this title is the Federal Government due to the
previous Rehabilitation Act which they are covered under (Statues, regulations and case
law protecting individuals with disabilities, 2004).
Title I of the Americans with Disabilities Act is also broken down to show who is
not included and protected by the law, what a major life activity is and how to define
“essential functions.” The rules for who is protected under the law are fairly straight
forward, with a few exemptions: (1) drug addicts who are currently using; (2) “persons
21
with sexual behaviors disorders, such as transvestites, transsexuals, pedophiles, etc., as
well as homosexuals and bisexuals” (p. 112); (3) compulsive gamblers, kleptomaniacs
and pyromaniacs (Statues, regulations and case law protecting individuals with
disabilities, 2004).
It should be noted that the Americans with Disability Act does make a distinction
between using drugs and recovering from drug abuse. An active user whose drug use is
substantially limiting one or more of their major life activities is covered by the law. Also
covered under the law are persons who are actively receiving help through a
rehabilitation program or a person who has completed a rehabilitation program.
Furthermore, if an employee makes an assumption of drug use without proof, the person
“is considered to be disabled because he or she is perceived as having a mental or
physical impairment that substantially limits one or more of life’s major activities”
(Goren, 2010, p. 33).
It is important to note, that although the Lesbian, Gay, Bisexual, Transgender
community is not covered against employment discrimination under the Americans with
Disabilities Act, they are covered under Title VII of the Civil Rights Act of 1964 ("Title
VII of the Civil Rights Act of 1964"). It was recently announced by on July 21, 2015, by
the Human Rights Campaign, that a new, more comprehensive non-discrimination law
for the LGBTQ community was being presented to Congress for a vote. If passed, this
law would create clear guidelines for employers to prevent discrimination against a
person based on the employer’s beliefs and the employee’s sexual orientation or gender
22
(“Comprehensive new LGBT non-discrimination legislation to be introduced this week,”
2015).
According to Statutes, regulations and case law protecting individuals with
disabilities (2004), a major life activity is described as:
“Basic activities that the average person in the population can perform with little or no difficulty. They include: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” (p. 112)
The best way to remember these qualifications is to imagine the day-to-day tasks every
person completes during their normal routines, these are ‘major life functions’. A deficit
in one or more of these areas could satisfy the definition of disability. The determination
of a disability is to be handled by an individual and his or her doctor.
An “essential function” is defined as a fundamental job duty, and is defined as(1)
the reason the position exists is to perform it, such as the dispatch position at a coaster;
(2) there are a limited number of employees who can perform it and/or (3) the function is
highly specialized such that the person performing the function has been hired for his or
her expertise or ability to perform it (Statues, regulations and case law protecting
individuals with disabilities, 2004). Finally, an employer can determine if a function is
essential by using the following criteria: (1) the employer’s judgement; (2) the written job
descriptions; (3) the amount of time on the job spent performing the function; (4) the
consequences of not requiring the incumbent to perform the function; (5) terms of a
collective bargaining agreement; (6) the work collective in the job, and (7) the current
work experience of incumbents in similar jobs (Statues, regulations and case law
protecting individuals with disabilities, 2004; Goren, 2004; Jasper, 1998).
23
How does Title I of the Americans with Disabilities Act interact with commercial
recreation? More specifically, how does Title I interact with the leadership team members
at Six Flags Discovery Kingdom? This project aimed to improve team members’
interactions with, and ability to assist, guests with disabilities. At first glance, the focus
may appear to be on one aspect of interaction, such as guests interactions; however, Title
I is important for ensuring that there is no discrimination at any level of interaction.
At commercial theme parks, such as Six Flags Discovery Kingdom, the employer
and employees are covered by and held accountable for, Title I of the Americans with
Disabilities Act, due to their large numbers of employees. As detailed in the Introduction
to recreation services for people with disabilities (2010), the Americans with Disabilities
Act was created to ensure that every person is “integrated and included in all aspects of
everyday life, to be provided meaningful and informed choices, and to achieve
involvement of families and natural supports” (p. 95). Employment is not just about
holding a job and getting paid for the completion of specific tasks. Employment affects
many parts of a person’s life, from being able to provide for themselves and their
families, to having the right to a feeling of accomplishment at the end of a work day.
Title I is just as much about inclusion as Title III, which will be discussed shortly.
Title II of the Americans with Disabilities Act focuses on public transportation
and entities, such as buses, schools and State and Federal buildings (Statues, regulations
and case law protecting individuals with disabilities, 2004; Jasper, 1998; Goren, 2011).
The general rule for Title II states that no qualified individual with a disability shall be
prohibited from receiving access to any service, program or activity that is available to
24
the public. It continues by stating on the same grounds that those same individuals shall
not be discriminated against in regards to any of these programs based on a disability
(Statues, regulations and case law protecting individuals with disabilities, 2004; Jasper,
1998; Goren, 2011).
Title II is based on Section 504 of the Rehabilitation Act of 1973 and is divided
into two subtitles. Under Section 504, no person with a qualifying disability is to be
discriminated against from any state or local government program, service or activity that
receives Federal funding, Subtitle A of Title II of the Americans with Disabilities Act
covers discrimination in State and Local Government services, programs and activities.
This subtitle extends coverage to all state and local programs, services and activities,
including those that do not receive Federal funding, and contractors that work with any
level of government (Statues, regulations and case law protecting individuals with
disabilities, 2004; Jasper, 1998; Goren, 2011). Subtitle B covers public transportation. It
takes the coverage from Section 504 of the Rehabilitation Act of 1973 and extends it to
all modes of public transportation, including those that do not receive Federal funding
(Statues, regulations and case law protecting individuals with disabilities, 2004; Jasper,
1998; Goren, 2011). Title II does not have much control over commercial theme parks,
unless the park is owned and operated by a level of the Government. An example of
which is the city-owned amusement park outside the World Famous San Diego Zoo in
Balboa Park. In contrast to Six Flags Discovery Kingdom, is owned by Six Flags Inc.
(History, n.d.).
25
Title III of the Americans with Disabilities Act is the main focus of this project
and the main basis for the creation of the leadership training program being developed for
Six Flags Discovery Kingdom. Title III covers all public accommodations and
commercial facilities including, but not limited to, hotels, restaurants, theaters,
auditoriums, laundromats, museums, parks, zoos, private schools, amusement and theme
parks, and many more entities (Americans with Disabilities Act Title III regulations:
Nondiscrimination on the basis of disability by public accommodations and in
commercial facilities, 2015; Statues, regulations and case law protecting individuals with
disabilities, 2004; Jasper, 1998; Goren, 2011).
Title III of the Americans with Disabilities Act made it illegal to put in place any
standards of eligibility for services which would purposefully, or without intent, screen
out persons with disabilities. An example of this would be a restaurant not allowing a
customer in with his or her service animal because they have a “no pets” policy (Jasper,
1998). In shorter terms, the Americans with Disabilities Act ensures that facilities must
be readily available to any person with a disability (Goren, 2011). As a general rule,
consider Title III of the Americans with Disabilities Act as follows:
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, lease (or leases to), or operates a place of public accommodation” (Statues, regulations and case law protecting individuals with disabilities, 2004, p. 151).
There are exceptions to who is covered under the rule of Title III. A person who
presented a direct threat to the health and/or safety of the public is not covered under
26
Title III if the threat cannot be mitigated by modifying a program to accommodate the
person, or by providing auxiliary aids (Jasper, 1998). Covered entities must provide
auxiliary aids and services to best assist persons with disabilities to access the services
they provide. This can include sign language interpreters, assistive listening devices, note
takers, brailed or large print materials (Jasper, 1998). An example of auxiliary aids
provided by Six Flags Discovery Kingdom are printed scripts which allow Deaf and hard
of hearing guests to understand the presentation of animal demonstrations, the primary
shows presented at the park, such as the bird show and dolphin show.
Title III focused on the architectural aspects of commercial facilities ensuring
that all persons have access to buildings. An architectural barrier is defined as “a physical
feature of a public accommodation that limits or prevents disabled persons from
obtaining the goods or services offered, such as aisles that are too narrow to
accommodate a wheelchair” (Japer, 1998, p. 22). Under the regulations set forth by Title
III of the Americans with Disabilities Act, public facilities are required to remove all
barriers that may prevent, or make difficult, access for a person with a disability
(Americans with Disabilities Act Title III regulations: Nondiscrimination on the basis of
disability by public accommodations and in commercial facilities, 2015; Statues,
regulations and case law protecting individuals with disabilities, 2004; Jasper, 1998;
Goren, 2011).
In 1973, an Architectural and Transportation Barriers Compliance Board (Access
Board) was established under Section 504 of the Rehabilitation Act. The Board consists
of 13 members of the public appointed by the President, the majority of which are
27
persons with disabilities, along with the heads of 12 Federal departments and agencies,
such as the Department of Justice and the Department of Transportation. The role of the
Access Board and the 25 members of the Board is to:
“issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III…to ensure buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities” (Americans with Disabilities Act Title III regulations: Nondiscrimination on the basis of disability by public accommodations and in commercial facilities, 2015, pp.1).
The regulations set forth by the Board include enforceable accessibility standards that can
be followed by all organizations that are covered under Titles II and III. Both the
Americans with Disabilities Act and the 2010 Standards set forth by the board provide
minimum civil rights protections for individuals with disabilities. These Standards and
the Act affect State and local laws, especially in regards to building codes (Americans
with Disabilities Act Title III regulations: Nondiscrimination on the basis of disability by
public accommodations and in commercial facilities, 2015; Statues, regulations and case
law protecting individuals with disabilities, 2004; Jasper, 1998; Goren, 2011).
A business can have all the accommodations in the world for its guests yet still be
missing a crucial element to satisfy the Americans with Disabilities Act appropriate team
members. If team members do not understand the accommodations and why they are
there for the guests, they may not follow the proper procedures, or they may ask the
wrong questions. The best way to prevent this situation is through training, in this case
from management down to team members. It is highly recommended to create or bring in
28
an independent group to conduct the training ("ADA update: A primer for small
business").
According to the International Association of Amusement Parks and Attractions
there are more than 400 amusement parks in the United States alone. Annually, theme
parks and amusement parks are attended by 375 million guests, with an economic impact
of US$219 billion in 2011. This information alone shows the popularity of theme and
amusement parks with international and American citizens. Remember, according to the
2010 U.S. Census, 49.7 million Americans reported having a disability, translating into
19.3% of the population or one in five Americans (Smith, et al., 2011). These statistics
show the importance of training programs based on the Americans with Disabilities Act.
In the past year, Six Flags Corporation has increased its visitation rate of 9% on
the previous year, to 10.4 million guests (Krejsa, 2015). This increase is spread across 13
theme parks, two of which are in Canada and Mexico, four waterparks and one indoor
water park. In February of 2015, the CEO of Six Flags presented the focus of the
company to its investors, the first of which was to “enhance guest experiences” (Reid-
Anderson, J., 2015). As stated previously, Title III made it illegal for any listed public
accommodation to discriminate against a person with a disability. In this case, Six Flags
is the “public accommodation” that is looking to avoid any discrimination against any of
its guests. The creation of in-depth training based on the Americans with Disabilities Act
for management team members at Six Flags Discovery Kingdom is the first step to
enhancing guests’ experiences at the park.
29
Title IV of the Americans with Disabilities Act covers telecommunications, while
Title V covers miscellaneous items that may be present after the law was written, and
assistance with judicial rulings. Title IV is an amendment to Title II of the
Communication Act of 1934 (Statues, regulations and case law protecting individuals
with disabilities, 2004; Jasper, 1998; Goren, 2011). The Communications Act of 1934
was written and passed during the first term of President Franklin D. Roosevelt. With this
Act, the Federal Communications Commission (FCC) was created to oversee all
interstate and foreign communications. It was also intended to help streamline regulations
and increase affordable communication services ("What is the Communications Act of
1934?").
Title V of the Americans with Disabilities Act relates to miscellaneous provisions
that may occur. This includes judicial standards that allow judges to make decisions after
analyzing Americans with Disabilities Act cases. It also discusses how the Americans
with Disabilities Act interacts with other laws, and has as more definitions of standards
that do not fall under the main four previously mentioned. Finally, it includes a section on
abrogating the Eleventh Amendment (Statues, regulations and case law protecting
individuals with disabilities, 2004; Jasper, 1998; Goren, 2011).
Inclusion in Recreation
When the Americans with Disabilities Act was signed into law, it ensured the
right that all persons have access to public services and accommodations, included
recreation (Malkusak, Schappet & Bruya, 2002). This law presented new requirements;
however, it gave guidance. This is where inclusion comes in. Inclusion is defined as “the
30
acceptance and encouragement of the presence of developmental disabilities by people
without disabilities in social, educational, work and community activities” (Bullock,
Mahon & Killingsworth, 2010, p. 108). As Snow (2011) stated “inclusion means all
people, in all environments, all the time; or as others have simply and eloquently said, All
means All” (para. 1).
According to the U.S. Census data for 1990, 10.4% of the nation’s population
between the ages of 16 and 64 had a disability, equaling roughly 16.4 million people
(“Disability characteristic 1990 census”). When looking at those over the age of 65, the
number rises to 20.1% of the population, equaling 6.0 million of the 65-years-plus
population. In the 2010 census year, the number of people who had a disability increased
to 56.7 million people, or 18.7% of the total population (Brault, 2012). Of these 56.7
million, 38.3 million, or 12.6%, had a severe disability (Brault, 2012). This is a stark
increase of 34.3 million people between the 1990 and 2010 censuses. Some of this can be
accounted for by the ageing of the population and increase in the population (Brault,
2012). This growth increased the need for inclusive recreation for persons with
disabilities.
“Inclusive recreation is one of the fastest growing needs in more and more parks
and recreation agencies across the United States,” stated Elizabeth Kesler at the 11th
annual National Institute on Recreation Inclusion; ("National recreation inclusion
conference: Educating, enlightening and empowering in Illinois", p. 56). It has been
argued that persons with disabilities continue to have trouble integrating into certain areas
of society, such as recreation. Inclusion is a way to provide persons with disabilities with
31
the opportunities to choose to interact with their peers in a regular situation, while still
being provided with the assistance and accommodations they may need (Bullock, Mahon
& Killingsworth, 2010). Unfortunately, inclusion is not always easy. Three barriers to
effective inclusion have been recognized for both participants and service providers: fear,
control and change (Bullock, Mahon & Killingsworth, 2010). Fear refers to the fear of
failure as service providers, not the failure of the participant. The service provider needs
to realize that they are not always in control and do not always have the answers;
nevertheless, they need to realize that they can release control and ask for assistance from
others who may have the answers, including participants. To overcome the final barrier,
the provider must realize that “inclusion is the beginning of change” (Bullock, Mahon &
Killingsworth, 2010, p. 77).
When the American with Disabilities Act was signed into law, very strict
guidelines were set to ensure that persons with disabilities had access to recreation equal
to those without disabilities (Bullock, Mahon & Killingsworth, 2010). Under the
American with Disabilities Act, all recreation service providers were required to include
all people in their programs and develop ways to ensure that all required accommodations
were provided. Recreation service providers must be proactive, assume responsibility,
and show leadership in enacting the changes required to ensure the inclusion of all
persons in their recreational services (Scholl, 2006). In order for recreation service
providers to ensure inclusion in their programs, providers must first judge “the level or
degree of their staff’s adaptation skills, attitudes toward inclusion, or knowledge of
disability groups” (Scholl, 2006, p. 106). In order to ensure that recreation professionals
32
are ready to assist participants with disabilities, providers have needed to increase their
understanding of inclusion, and ensure equal access and participation for people with and
without disabilities (Scholl, 2006).
Hiring, Training and Development
The workplace has become more diverse. This diversity includes not just different
generations of team members, but also persons with disabilities (Ketter, 2006).
According to Best of Class, edited by Ken Shelton (1998), in order to have the
team you want you need to “hire them, train them and cultivate them” (p.11). In the first
chapter of the book, Stephen Covey discussed “serving the one,” beginning with hiring,
training and cultivating the right people for the team and ensuring that they understand
the aspects of team work. When a company has hired the right team, the focus on the new
employees is visual and auditory, and involves listening to and caring about what other
people are saying. Next, team training should focus on the team players. An example is to
set a team exercise with a deadline that will draw from each team member’s abilities and
encourage them, to work together to complete the task. Finally, the training should
“cultivate the service ethic” of the team members (pp. 11-12).
Training is a major part of ensuring each team member understands the
Americans with Disabilities Act. However, one can train every team member repeatedly
yet continue to have the same outcomes. Unless the company takes the time to hire the
right team, train them fully, and continue to train them past the classroom, the training
will be forgotten and go unused. In regards to theme parks, training should include
updated classes where the trainer, the front line teams and the leaders review the law.
33
Trainers and leaders should also periodically work on the front-line with the team to help
with “on the spot” training and development. The Americans with Disabilities Act cannot
be learned by sitting in a classroom and talking about it while viewing a PowerPoint
presentation. To fully comprehend, team members must be able to put what they have
learned into practice and relate it directly to their duties.
Through the years, the science of training has become a focal point in research
which explores and, tests new classroom training techniques (Salas, Tannenbaum,
Kraiger & Smith-Jentsch, 2012; Grossman & Salas, 2011; Peterson & Quarstein, 2001).
According to Salas et al. (2012), in order for a corporation to stay competitive, companies
must ensure that they have provided, and follow through with various training
opportunities that are important to the organization and its team. Ongoing training has
allowed organizations to “adapt, compete, excel, innovate, produce, be safe, improve
service and reach goals” (p. 74). According to Patel (2010), the United States alone has
spent $135 billion per year on training team members (as cited in Salas et al., 2012;
Grossman & Salas, 2011). In a meta-analysis of the current research available for training
and the training transfer, Salas et al. (2012) found training to be a key component in the
building and maintenance of effective teams, therefore benefiting corporations. Studies
also showed the positive effect that training has on a corporation and its leaders (2012).
Various studies have shown that a well-trained labor pool attracts and retains team
members and reduces unemployment (Salas et al, 2012; Grossman & Salas, 2011).
Training is defined as the “systematic acquisition of knowledge, skills and
attitudes that together lead to improved performance in a specific environment”
34
(Grossman & Salas, 2011; Salas et al. 2012). This definition was updated in Salas et al.
(2012) training should “create sustainable changes in behavior and cognition so that
individuals possess the competencies they need to perform the job” (p. 77). Learning is
the desired outcome from training “a process of acquiring new knowledge and behaviors
as a result of practice, study or experience” (Salas et al., 2012, p.77). According to Salas
et al. (2006) effective training “yields higher productivity, improved work quality,
increased motivation and commitment, higher morale and teamwork and fewer errors,
culminating in a strong competitive advantage” (as cited in Grossman & Salas, 2011).
Developing a training program and administrating it to team members does not
guarantee that the team members will learn the material and transfer it into their daily
work schedule. Three main categories should be considered when planning and
developing a training program: trainee characteristics, training design and work
environment (Grossman & Salas, 2011). Trainee characteristics include cognitive
abilities, self-efficacy, motivation and perceived utility of training. Training design
includes behavioral modeling, error management and realistic training environments.
Finally, work environment focuses on the transfer climate, support, opportunity to
perform and follow-up (Grossman & Salas, 2011).
When focusing on trainee characteristics, the traits that have shown the most
consistent relationships with transference to the work place are (a) cognitive ability, (b)
self-efficacy, and (c) motivation and perceived utility of training (Grossman & Salas,
2011; Salas et al.. 2012). Cognitive ability is a strong predictor of transfer outcomes. It
has been shown that team members with higher cognitive abilities have “more success in
35
processing, retaining and generalizing trained skills” (p. 107). According to Salas et al.
(2012), “self-efficacy leads to better learning. Training should be designed to promote
self-efficacy and then to reinforce it afterward. [It] can be enhanced by reminding team
members of past successes in training or on the job, and by ensuring early successful
learning experience during training” (p. 84). Team members with higher self-efficacy
have greater confidence to learn and apply the training to their daily job tasks (Grossman
& Salas, 2011). Team members that are motivated and understand the utility of the
training are more likely to transfer the learned skills. They have a greater desire to learn,
are more motivated to use the skills and pass them on to others, and they see the training
as useful to their daily job tasks (Grossman & Salas, 2011; Salas et al. 2012). The
leadership team that will receive the training created in this project will most likely have
a combination of these types of characteristics, as they have advanced through their
departments and the company. Some have been promoted from, seasonal front line team
members to full-time team members.
Years of research in the science of training have resulted in the development and
testing of many types of training (Salas et al., 2012). For the purposes of this project, this
paper will look at the top three: (a) behavior modeling, (b) error management and (c)
realistic training environment (Grossman & Salas, 2011; Salas et al., 2012).
Behavior modeling is based on many different learning principles. This training
type sets clearly defined goals for the behaviors that will be learned, uses models to show
the effective use of the behaviors, creates opportunities for team members to use the
behaviors in their daily duties, and provides feedback during and after the training
36
(Grossman & Salas, 2011; Salas et al., 2012). Behavior modeling is the main basis for the
presentation of this training to the leadership team members. A combinations of training
styles and setting clear training goals will allow to the highest level of transfer to daily
job duties.
The next type of training presented is “error management”. Error management
allows team members to make errors and provide error management instructions in a safe
and controlled setting (Grossman & Salas, 2011; Salas et al., 2012). Heimbeck et al.
(2003) found that this style of training allows for greater transfer of training compared to
other types where team members may not be given room to make errors (as cited by
Grossman & Salas, 2011). Error-based training provides team members with the
opportunity to commit the types of errors that could cost the company millions of dollars
in the real world. This style of training allows for errors to be corrected as much as
possible within safe situations before they can be made in public. This also gives the
trainer the opportunity to provide guidance to team members on ways to correct the
situation and provide guidance for future situations that may arise (Grossman & Salas,
2011; Salas et al., 2012). Error management training will be presented via a collaborative
worksheet. Leaders will be asked to review a select group of scenarios that have arisen in
the various lines of the business and decide on the proper response. Team members
decide whether their colleagues took the best course of action, or how it could be done
better in the future. After the completion of the worksheet, the group discusses the
decisions made by each smaller group during the break-away sessions. The worksheet is
37
developed from guest experiences that have been brought to the attention of Guest
Relations at Six Flags Discovery Kingdom.
The third training design is a realistic training environment. Aspects of the
training must mirror aspects of real world settings, in this case, the department the team
member is a part of. When training is set as closely as possible to actual daily tasks, there
is a greater likelihood off transference (Grossman & Salas, 2011; Salas et al., 2012).
Salas et al. (2012) suggested that the best way to use realistic training is through
simulation. According to Grossman and Salas (2011), training settings should closely
represent the multiple aspects of the workplace in order to assist transference to daily
duties. In the case of the training program being developed in this study, realistic training
focuses on group discussions of real situations reported by guests, followed by a “guess
who”-style quiz that demonstrates that you cannot always know which people have
disabilities.
Along with this the third training design is the characteristic of the work
environment. Work environment includes transfer culture, support, opportunity to
perform and follow-up (Grossman & Salas, 2011; Salas et al., 2012). Transfer culture
refers to how the team members feel when they return to their work environments and the
willingness of their leaders to let them use the materials and techniques they just learned
(Grossman & Salas, 2011; Salas et al., 2012). For positive transfer to occur, supervisory
staff should provide opportunities for the team members to use their new skills, offers
rewards for using the learned skills correctly, and offers remedies when they are used
incorrectly or not at all. There should also be social support from supervisory staff and
38
peers through the use of incentives and feedback. According to Kontoghiorghes (2001), a
transfer culture, one that specifically includes task cues and prompts to use newly
developed skills, is among the most beneficial and influential variables that enhance
transference (as cited by Grossman & Salas, 2011). Basically, “a positive transfer climate
is critical for the application and maintenance of new skills on the job” (Grossman &
Salas, 2011).
Support is another level, if not the basis, for a proper transfer culture. Grossman
& Salas (2011) and Salas et al. (2012) both state that support is the more salient aspect of
the work environment. This does not only pertain to support from the supervisory staff, it
also focuses on the support from their team members (Grossman & Salas, 2011; Salas et
al., 2012). One example of support is the provision of team members with specific goals
that are achievable before, during, and after training. Before the training, supervisory
staff should set specific goals oriented to the goals of the behavior that is being learned in
the training. After the training, supervisory staff should help the team members create
and follow through on short- and long-term goals for the daily implementation of the
program. They should ask team members how they envision the training continuing in
their daily work (Grossman & Salas, 2011; Salas et al., 2012).
The best way for supervisory staff to show support for team members after
training is to show “recognition, encouragement and rewards and modeling trained
behaviors (Grossman & Salas, 2011, p. 113). Cormwell and Kolb (2004) stated that when
team members receive a higher level of supervisory support, they have higher levels of
skills retention a year later (as cited by Grossman & Salas, 2011; Salas et al., 2012).
39
Similarly, team members have cited a lack of supervisory support as the number one
reason why the skills are not practiced and retained (Grossman & Salas, 2011; Salas et
al., 2012). In order to prevent this problem, the training program presented in this project
was designed with the support and approval of the upper level management of the park,
and also had the blessing and guidance of the Corporate Trainer at the corporate offices
for Six Flags, Inc. in Dallas, Tx. The first implementation of the training program will
give the full time team members an idea of how to assist their own team members to
implement the behaviors they learn, as well as teaching the behaviors needed for daily
interactions with guests.
A strong transfer culture is not only based on techniques that can be used before
training is provided, it is also based strongly on straight forward techniques that
supervisory staff can use to encourage and ensure a strong transfer culture an opportunity
to perform (Grossman & Salas, 2011). This transfer technique is straight forward, yet it is
not always followed. Team members need the opportunity to perform the skills they have
learned during training. Research has shown that, when team members are not provided
opportunities to practice their skills in their daily job duties, a barrier against a successful
training transfer (Clark, 2002; as cited by Grossman & Salas, 2011). Later on, Cromwell
& Kolb (2004) cited lack of time as a significant barrier to transfer (as cited by Grossman
& Salas, 2011). Providing the team members with these opportunities may be simpler
than thought by supervisory staff. A simple change may be made by modifying team
members’ workloads in order to allow the team members to practice their acquired skills
(Clarke, 2002; as cited by Grossman & Salas, 2011). Another example is to decrease the
40
time between training and opportunities to use the skills learned. This includes attempted
trials of the skills (Grossman & Salas, 2011). In order for transfer culture to be
successful, supervisory staff needs to provide team members with resources and
opportunities to use their new skills and abilities in their daily tasks (Grossman & Salas,
2011). Opportunities to use the skills can easily be implemented for team members, in
this case the seasonal supervisory staff, by having a strong resolution and demonstration
from the full-time supervisory staff showing the need and acceptance on the newly
developed skills. This acceptance is already being culminated at Six Flags Discovery
Kingdom through the participation input of key full-time supervisors and their support of
this project. Full-time team members have been consulted throughout the development of
this project to ensure that each line of business is clearly represented.
There is one final suggestion from the literature to help with skills transfer.
Debriefing team members after training can help to solidify the training, and open up the
training to future accessibility concerns, laws and innovations. Debriefs are similar to
those used in the military. It allows a team to come together and reflect on recent-learned
behaviors. These conversations allow for team members, supervisory staff, and trainers to
speak about outcomes that have worked and changes that need to be made (Salas et al.,
2012). Debriefs can occur during training sessions but, are more beneficial after training.
They allow the conversation to focus on the work that requires the new skills and how
they can be used practically in daily interactions (Salas et al., 2012).
Debriefs also allow for the opportunity to self-correct and solidify the skills
learned. They can help uncover obstacles that may present themselves and help team
41
members to create the goals spoken about earlier. Salas et al. (2012) explains clearly that,
“organizations encourage the use of real-world debriefing related to learning objectives”
(p. 90). Using debriefing allows the team member to use job aids and tools that are
specifically designed to assist with training transfer (Grossman & Salas, 2011). A
debriefing program has not yet been designed for this training program. After
implementation of the program at Six Flags Discovery Kingdom, a debrief program will
be developed and implemented. This will allow team members to have a frank
conversation about the Americans with Disabilities Act and the interaction of the law
with their daily job tasks.
Understanding the Americans with Disabilities Act and work-place inclusion is a
strong base, however, team members still need constant re-training on these subjects to
ensure they are aware of the latest information and regulations. Working within a theme
park provides an opportunity to work and interact with a wide variety of people, both co-
workers and guests. Team members need to be provided with opportunities to learn and
understand the Americans with Disabilities Act and inclusive recreation. The training
program researched and developed in this project specifically caters to the observing
what skills team members require to provide excellent service to guests at Six Flags
Discovery Kingdom, and eventually, at all United States-based Six Flags Theme Parks.
42
Chapter 3
METHODS
The purpose of this chapter is to discuss the methods used to create the
comprehensive training program for the full-time and seasonal leadership teams at Six
Flags Discovery Kingdom. Six Flags Discovery Kingdom is located in Northern
California and was acquired by Six Flags Inc. in 1996. Three main areas must be
considered in order for this project to be successful. These areas are 1) the Americans
with Disabilities Act, 2) inclusion in recreation, and 3) training and development.
Setting
Six Flags Discovery Kingdom is a regional theme park located in Vallejo,
California between San Francisco and Sacramento. The park consists of rides and
animals, including both land and marine animals. The researcher of this project has
worked at Six Flags Discovery Kingdom for nine seasons, in departments such as Ride
Operations and Guest Relations. In conjunction with Ian Stall and Chris Fox of the
Human Resources team, Paul DeGuzman from Operations and Jason Maxwell, Corporate
Trainer, this project became the focus for the next training to be made available for the
full-time and seasonal supervisory staff training. The program was developed with a
focus on providing team members with knowledge and understanding of the Americans
with Disabilities Act, inclusion in recreation, and the importance of being trained in these
fields. Information that guided the training was collected from personal observations and
experiences reported by guests, as well as from input from all points of contact, both
local and corporate.
43
Procedures
Training Modules
The development of this training program began with observations of the
researcher and conversations held with fellow seasonal leaders and talks with the Six
Flags Discovery Kingdom Human Resources and Safety teams regarding the
development of training. After due consideration, it was agreed that there was inadequate
training of team members to allow them to provide high-level services to guests with
disabilities. Through research and observation, it was decided that the training program
should focus on the Americans with Disabilities Act, an understanding of inclusion, legal
rights provided to persons with disabilities, and the characteristics of people with
disabilities. The training program reviewed appropriate language regarding persons with
disabilities, the understanding of the words “disability” and “inclusion,” people-first
language, and appropriate modes of assistance. The training also includes an overview of
all five titles of the Americans with Disabilities Act, with the primary focus being on
Title III, and secondary focus on Title I.
Supervisor Information Card
The Supervisor Information Card is designed to easily fit in a supervisory team
member’s pocket or hip-pack to allow them to easily access the ride requirements for
each of the attractions. A couple of years ago, Six Flags Discovery Kingdom updated its
website to include a link to the Safety & Accessibility Guide. This guide provides guests
with the requirements of each ride, including physical limitations for specific rides. The
44
main concern guests have with the printed document is that is 19 pages long, making it
time consuming to read and difficult to carry. The Information Card provides an “at-a-
glance” summary of the physical requirements of each ride, to better inform guests of the
rides they can enjoy.
45
Chapter 4
RESULTS
Americans with Disabilities Act Training Program
Section 1: Introduction
Research has shown a strong correlation between a robust training transfer
climate and good retention of training by team members (Grossman & Salas, 2011; Salas
et al. 2012). “[This] formal education and training of professionals is vitally important
and necessary, but in the real world or working with people who have disabilities more
practical action type training is needed” (Peterson & Quarstein, 2001). Six Flags
Discovery Kingdom wants to provide the highest level of training to its team members to
ensure the highest transfer rates and provision of the best services to guests. Once
finalized, the training will be offered to full-time and seasonal leadership team members.
The Supervisor Information Card will assist in training transfer and ensure that
supervisors are able to provide direct information to ensure that guests are able to ride the
rides they are interested.
46
Section 2: Power Point
Below is the training program for Six Flags Discovery Kingdom and the
Americans with Disabilities Act.
Slide 1
GUESTS WITH DISABILITIES Six Flags Entertainment Corporation
Figure 1: Welcome slide Trainer: Today we will be discussing the Americans with Disabilities Act as well as how to best to provide our services to our guests. Please take a moment to think about some situations that you personally or your team members have experienced when working with Guests with disabilities. (pause) This can include concerns brought to your attention or interactions that you have directly had. Once you have thought of a couple, please take some time to write them down. Think of any questions or concerns you may have regarding these situations. If they are not answered by the end of the training, there will be a question and answer at the end. (Pause and give the team time to write down their questions)
47
Slide 2
What is a disability?
A disability is a physical or mental condition that limits a person’s movements, senses or activities.
Disabilities are covered under the Americans with Disabilities Act.
Figure 2: What is a disability? Slide Trainer: According to the Americans with Disabilities Act, a person is considered to have a disability if he or she (i) is substantially impaired with respect to a major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.
48
Slide 3
Six Flags provides reasonable accommodations to Guests with Disabilities.
If a Guest needs an accommodation for any part of their visit, every reasonable consideration will be made to accommodate them.
Figure 3: Reasonable Accommodations Slide Trainer: Our first priority is guest service. Not all requests that a guest will make will be a reasonable accommodation, however we examine each request on a guest by guest basis. Can you give me examples of reasonable accommodations? (Allow group to give examples and talk about them. 1 or 2 should be good. If none are suggested, suggest the following: A Guest does not meet the upper body mobility requirement for Medusa and a family member waits with them at the exit so they are not alone. Allowing the family to use the “Child Swap” policy is a reasonable accommodation. A Guest needs assistance balancing while the transfer from his or her wheelchair. A team member can provide an arm to assist them into the ride. A Guest has a family member who uses a device that is or is similar to a stroller for a wheelchair. An accommodation would be allowing it into the stadium or Shark Encounter exhibit.
49
Slide 4
ALL GUESTS MUST MEET THE ESTABLISHED RIDE ACCESS POLICIES ESTABLISHED BY SIX FLAGS
THE ADA DOES NOT REQUIRE ACCESS TO RIDES IN ALL CIRCUMSTANCE FOR SAFE OPERATION AND FOR CONDITIONS THAT CAUSE A DIRECT THREAT TO OTHERS
Figure 4: Safety Trainer: When rides are manufactured, the safety requirements are developed by the rides manufactures. Safety comes first. When informed the guest of the restriction, you can re-enforce with an explanation and suggestion of other attractions they can enjoy. An example is, a person with a lower leg amputation is not able to ride Superman due to the need for full contact between the leg restraint and the physical leg. However, a guest with a lower leg amputation is able to ride Medusa.
50
Slide 5
WHAT IS THE AMERICANS WITH DISABILITIES ACT?
“The most significant piece of legislation passed by Congress to protect and promote the rights of the person(s) with a disability” (Jasper, 1998).
It is divided up into five “Titles”
Slide 5 Trainer: The fight for equal rights a protection for persons with disabilities has a history all the way back to 1866 with the 14th Amendment. It took till 1990 for persons with disabilities to be seen and heard in order to receive accommodations that persons without disabilities may not see. On July 26, 1990, George H.W. Bush signed into law the Americans with Disabilities Act. The Americans with Disabilities Act is still hailed as one of the most significant pieces of legislation to be signed into law to help protect and promote the needs of persons with disabilities. The Act was broken down into five “titles” to help ensure coverage for persons with disabilities in every aspect of life, from employment to transportation to communication.
51
Slide 6
TITLES OF THE ADA
Title I – Employment Title II – Public Services Title III – Public Accommodations Title IV – Telecommunications Title V – Miscellaneous Provisions
Slide 6: Titles Trainer: The Americans with Disabilities Act is broken up into five titles: (1) Employment, (2) Public Services, (3) Public Accommodations, (4) Telecommunications and (5) Misc. Title I governs all areas of employment, from hiring to resignation. It also includes guidelines for accommodations that can be made in regards to regular job duties and pre-requisites that can be applied to a position. Title II covers transportation and government agencies at the local and state level. This title covers schools, buses and access to State and Federal building access, for example the court house or Capital building. Title III focuses on public accommodations. This includes public parks, commercial recreation, malls, hotels, restaurants and, of course, theme parks, to name a few. Title IV covers telecommunications. This section covers the Federal Communications Commission, the FCC, regarding all interstate and foreign communication. Title V is to cover miscellaneous items and was written to help the judicial system to make rulings regarding the various court cases that arise. For this training, we will be focusing on Title I and Title III. But first, a quick over view of the other areas.
52
Slide 7
TITLE I - EMPLOYMENT
Prohibits Discrimination against persons with disabilities in all aspects of employment
Requires businesses to provide reasonable accommodations to these individuals
Slide 7: Title I Trainer: Under Title I, a person cannot be discriminated against based on a disability or perceived disability. When interviewing a possible team member, you cannot ask if a person has a disability. You can give an in depth description of the job posting and the requirements of the job. After this, you can state that any persons needed accommodations can speak to you after the interview (if you are conducting a group interview) or simply acknowledge that accommodations can be examined for any persons who may be concerned. Please take a moment to think of some accommodations that can be made in your area. This list is for yourself, but you can ask about them after the training if you are not sure. This list will always be changing, it is only to get you to start thinking of ways you can help you team when hiring and then during the team members job duties. Give the group about two minutes to make a list.
53
Slide 8
TITLE II – PUBLIC SERVICES
Title II– Public Services
Trainer: Title II prohibits discrimination against person with disabilities as it relates to public services, including:
State and local government instrumentalities, the National Railroad Passenger Corporations Public transportations
Since this is not the focus of our training, we are going to continue on to Title III.
54
Slide 9
TITLE III – PUBLIC ACCOMMODATIONS
Protects against discrimination against individuals in place of public accommodations: Stores Restaurants Hotels Theme Parks Private transportation
systems
Slide 9: Title III Trainer: Title III of the ADA is the main title that Six Flags falls under. Any location that provides a public service is covered under Title III. Title III requires organizations to provide reasonable accommodations, however the reasonable accommodations must still be within the guidelines of safety. Take a moment make a list of reasonable accommodations you can think of being made in your location. Each list is going to be specialized to your area but may overlap with another area, such as attractions and merchandise at the end of the attraction. Once done with your list, we will come together as a group and discuss some of your examples. Give the group about two minutes to think of examples, then lead the discussion for about 5 minutes. The Accessibility Pass and Special Needs Pass, which will be discussed later, are the top two ways the company offers reasonable accommodations to person with disabilities.
55
Slide 10
TITLE IV & TITLE V
Title VI- Telecommunications Title V-Miscellaneous Provisions
Slide 10: Telecommunications and Miscellaneous Telecommunications: • Requires interstate and intrastate telecommunications companies which offer
telephone services to the general public • Provide telecommunications relay services to hearing and speech impaired individuals Miscellaneous Provisions: • Prohibits coercing, threatening or retaliating against either a person(s) with a
disabilities or persons attempting to help person(s) with disabilities in asserting their rights
56
Slide 11
ASSISTING GUESTS WITH DISABILITIES
What to Say & What Not to Say
Slide 11: What to Say & What Not to Say Trainer: “The difference between the right word and the almost right word is the difference between lighting and lighting bug.” Please take a minute to think what this quote means to you and your area. Your thoughts will be kept private, but also relate it back to guests with disabilities.
57
Slide 12
ASSISTING GUESTS WITH DISABILITIES
Say Please step to the side with me so
I can explain the rider restrictions Person with a disability Physical limitation(s) Visually or hearing impaired Amputee/amputations “I’m sorry but you do not meet all
physical rider requirements.”
Don’t Say You can’t ride because you are
missing an arm/leg Deaf, blind, and dumb You’re too short There’s something wrong with you. You’re too big for this ride You can’t hold yourself up, you cant
ride I don’t think you have a disability
Slide 12: Say & Not Con’t Trainer: When speaking to a person with a disability, always remember that they are a person first and their disability is part of who they are but does not define them. This is a short list showing the some of the phrase the have been said and were well put, and other phrases that have been said and should not be said again. The best way to remember what to say is to think of a person want to be described by their sex first and physical characteristics second…such as “girl with blonde hair” rather than “blonde girl.” This list is an example of a meaning change. There can be a negative cogitation with some disabilities due to years of misunderstanding the disability and not focusing on the person as a whole. An example is “mental retardation.” There are many different aspects to brain development, too many to talk about in this class, but this title was once used commonly to a person who was thought not worthy of living in or interacting with the general population. Without knowing a person and their diagnosis, it may be easier and less discriminating to think about needing to take a little longer to understand, not that they do not understand at all.
58
Slide 13
FRIENDLINESS & ACCOMMODATIONS
What to Say & What Not to Say
Slide 13: Autism Awareness Trainer: Autism is a very common neurological disability that is on a spectrum, meaning it can take on many different faces and severity.
59
Slide 14
AUTISM AWARENESS
Say We will have you on the next
available train May I please see your Special
Needs pass How can I assist you with your
visit? Do you need assistance with the
wait in line? Child/Person with Autism
Don’t Say Your don’t look Autistic to me Autistic person Your child/person needs to calm
down Prove that you have Autism Show me a Doctor’s note
Slide 14: Autism Awareness Trainer: When speaking to a person with Autism or a parent of a child with Autism remember to follow the same guidelines as speaking with a person with a physical limitation. Another basic principle to keep in mind is you are not allowed to ask a guest what their disability is. Some guests will openly tell you that they have Autism or are with another guest who has Autism. Some guests recognize there is still a stigma involved with this diagnosis and did not necessarily what their child to hear that they have to talk about it. The best way to assist a guest is to not even try and figure it out, simply ask how you an assist them. This will allow the guest to feel a little more comfortable talking with you and asking for specific assistance, rather than being faced with an either/or response.
60
Slide 15
VOCABULARY
Accommodations – “Techniques and materials that allow individuals with
disabilities to complete school or work tasks with greater ease and effectiveness” (Simon, 2008).
Americans with Disabilities Act (ADA) – “A federal legislative act passed by Congress in 1990
to protect individuals with disabilities from discrimination in employment opportunities and ensure access to various social institutions” (Bowman, 2011, p.85).
Slide 15: Vocab Trainer: An example of accommodation helping a guest with their wait in line. The ADA was enacted in 1990 by George H.W. Bush. It allows all persons with a disability to the same starting line as persons without disabilities. Here are some important terms to remember:
• Accommodations – o Techniques and materials that allow individuals with disabilities to
complete school or work tasks with greater ease and effectiveness • Americans with Disabilities Act (ADA) –
o A federal legislative act passed by Congress in 1990 to protect individuals with disabilities from discrimination in employment opportunities and ensure access to various social institutions
61
Slide 16
VOCABULARY
Americans with Disabilities Act Accessibility Guidelines (ADAAG) – “Technical standard for accessible design of new
construction or alterations adopted by the Department of Justice for public accommodation pursuant to Title III of the ADA” (Jasper, 1998, p. 121).
Disability – “A major life impairment preventing (a person) from
participating easily in life activities such as walking, seeing, hearing and thinking” (Brown, 2002, p. 34).
Slide 16: Vocab Con’t Trainer:
• Americans with Disabilities Act Accessibility Guidelines (ADAAG) – o Technical standard for accessible design of new construction or alterations
adopted by the Department of Justice for public accommodation pursuant to Title III of the ADA
• Disability – o A major life impairment preventing (a person) from participating easily in
life activities such as walking, seeing, hearing and thinking
62
Slide 17
VOCABULARY
Person first language – “Person first language respectfully puts the person
before the disability. A person with a disability is more like a person without [a] disability than different” (Snow, 2008, para. 1).
Person with a disability – “… he or she (i) is substantially impaired with
respect to a major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment” (Jasper, 1998, p.2).
Slide 17: Vocab Con’t Trainer:
• Person first language – o Person first language respectfully puts the person before the disability. A
person with a disability is more like a person without [a] disability than different
• Person with a disability – o … he or she (i) is substantially impaired with respect to a major life
activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment
63
Slide 18
VOCABULARY
Reasonable Accommodations –Under Title III of the ADA, places of public
accommodations are required to provide reasonable accommodations to ensure accessibility to locations. This does not include instances where the person may be a direct threat to themselves or to any other guests (Jasper, 1998, p. 2; U.S. Department of Labor, 2010, para. 15).
Slide 16: Vocab Con’t Trainer:
• Reasonable Accommodations – o Under Title III of the ADA, places of public accommodations are required
to provide reasonable accommodations to ensure accessibility to locations. This does not include instances where the person may be a direct threat to themselves or to any other guests
64
Slide 19
VOCABULARY
Self-advocacy- “A person with a disability or without a disability
speaking up for themselves” (Test, Fowler, Wood, & Brewer, 2005, p. 43)
Stereotypes – “A thought or concept that may have been
adopted.” (Galvin, 2003, p. 150)
Slide 16: Vocab Con’t Trainer:
• Self-advocacy- o A person with a disability or without a disability speaking up for
themselves • Stereotypes –
o A thought or concept that may have been adopted Take a moment to think back to the list of accommodation that you thought about making earlier in your location. With a better understanding of the law so far, is there anything you want to change or add? Give the group about two minutes to look over their lists How are you feeling? Head swimming? Worried about what you can and cannot do for equal access? That is fine, because we are not done yet.
65
Slide 20
EQUAL ACCESS
Ride Access Policies & Procedures
Extremities Assistance Entrance & Exit
Slide 20: Equal Access Trainer: How do we provide assistance to our guests? Assistance for our guests can come in various forms, ranging from assisting them in reaching products, offer other attractions a guest can enjoy based on their accessibility needs. Other assistances are things that are already built in, such as ramps accessing the attractions, wider doors are accessibility and changing locations of items so they are more easily accessible. This will be the next subject we conquer.
66
Slide 21
Equal Access Pass
Allows Guests to board through a wheelchair accessible entrance instead of the queue line
Slide 20: Equal Access Trainer: Six Flags has created two separate passes in order to better assist guests with disabilities. The first pass we are going to discuss is the Equal Access Pass. This pass is designed to assist guests who use external mobility devices or have other accessibility concerns such as chronic pain, back injuries, muscle difficulties; this is just to name a few.
67
Slide 22
EQUAL ACCESS PASS-PHYSICAL LIMITATION
Rules of the Pass/Accessibility
Guests Signature
Reservation Time
Guests Signature
GR Signature
Total Guest for Pass: 4
Guests can have 1 reservation at a time
Slide 22: Equal Access Trainer: The Equal Access Pass is designed to help guests who need assistance with the actual wait in the line, the physical needs of waiting in line. The pass is broken down to assist guests with the physical wait in line without hampering other guests’ enjoyment of the park. The pass has specific rules to ensure the system is not being abused, and the guest agrees to follow the rules by signing the pass when they receive it. The user of the pass can receive a return time for one attraction at a time. The return time signifies the current wait time and acts as a virtual wait for the party using the pass. Finally, the pass is only good for the guest with the disability and 3 party members. Trainer will follow slide animation to explain aspects of the pass.
68
Slide 23
EQUAL ACCESS PASS (EAP) RESERVATION
ANY member of the party may present this pass at
the exit to any of the listed attractions.
The Team Member assigns a boarding time calculated by adding the wait time to the current
time.
Return to the ride exit at your assigned boarding
time. There may be a brief wait while coordinating your seating location.
Slide 23: Equal Access Trainer: What are the three steps of the Equal Access Pass? Step 1: Any member of the group can go to the attraction and receive the return time. In order to collect the return time, the group member should go up the exit or the access ramp. The Equal Access Pass is only available for specific attractions, all of which are listed on the pass. Step 2: The team members at the attraction will give the guests a return time based on the current attraction wait time. Team members should let the guest collecting the return time know that every member of the party must meet the boarding requirements Step 3: When the return has approached, the group can return to the attraction and had the Equal Access Pass over to the attraction team member. The team member will cross out the attraction and assist the guests with seating on the attraction. The guest may have to wait for the next seats to become available, however not have to wait more than one pass of the attraction. The guest has the right to ask for specific seating; any concerns, the team member can call a Supervisor over to assist.
69
Slide 24
EQUAL ACCESS PASS-SPECIAL NEEDS
Rules of the Pass
Guests Signature
Guests Signature
GR Signature
Total Guest for Pass: 4
Slide 24: Equal Access Trainer: Along with the Equal Access Pass for guests with physical limitations, there is an Equal Access Pass for guests with special needs. The major difference between for this pass is it allows for guests with Autism and similar disabilities who need assistance with the actual wait in line. The procedures for talking with the guest about this pass are generally the same. The guest will still need to sign the pass stating that they understand the pass and the locations that the pass can be used at.
70
Slide 25
FRIENDLINESS & ACCOMMODATIONS
Service Animals
Slide 25: Friendliness and Accommodations
Trainer: The next area of the Americans with Disabilities Act we are going to discuss is friendliness and accommodations, focusing on the interactions with have with guests and how we interact with them. This also includes the difference between service animals.
71
Slide 26
SERVICE ANIMALS
Service Animals are allowed in the park As of March, 15, 2011, only dogs are recognized as service
animals under Title II and III of the ADA ("Service Animals") Definition:
“Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities” ("Service Animals")
Dogs used as comfort or emotional support do not qualify as service animals ("Service Animals")
Slide 26: Services Animals Trainer: Under the Americans with Disabilities Act, the only recognized animal as service animals are dogs. These dogs are trained to perform specific tasks to assist their owner in their daily lives. It is important to note the Service Animals will have an identifying vest, where Emotional Support Animals are not going to have a vest. Service animals are permitted in the park under the Americans with Disabilities Act, however emotional support animals are not covered under the law. With this being said, there is no way to differentiate between the two because you are not allowed to ask about the use of the animal.
72
Slide 27
Steps and provisions: Must be wearing an Assistance Animals vest Must notify Guest Relations upon arrival Guest Relations must notify Animal Department Guest is asked to sign a Animal Rules form
Service Animals have a designated relief area Guests are required to clean up after the animal
Service Animals may not ride the rides and must be left with a non-rider
Slide 26: Services Animals Trainer: Service Animals must always be on a leash when in the park. For the safety of the animals in the park, any type of service or emotional support animal must register with Guest Relations as the enter in order for Guest Relations to notify the Animal Department that there is a service animal in the park. When speaking to a guest with a Service Animal or Emotional Support Animal, do not touch the dog. These animals are specially trained and are an extension of the person’s body. You should never pet the dog while they are working and should always ask permission first. Treat the dog just like you would treat a wheelchair, it is part of the person. As a Leader, you should know where the closest animal relief area is to help inform guests and ensure your team members know. Finally, animals are not permitted on the attractions here at Discovery Kingdom. This is for safety, and the animal should be left with a non-rider. The team member is never permitted to take possession of the dog.
73
Slide 28
MINIATURE HORSES
Separate provision for trained miniature horses General height: 24” to 34” (hoof to shoulder) Weight: 70lbs to 100lbs
Four assessment factors: ("Service Animals") (1) whether the miniature horse is housebroken (2)whether the miniature horse is under the owner’s
control (3)whether the facility can accommodate the miniature
horse’s type, size and weight (4)whether the presence will not compromise legitimate
safety necessary for safe operation of the facility
Slide 28: Services Animals Trainer: Miniature Horses are currently being studied as an alternative for Service Animals, however are already approved as alternative assistant animals unlike others still being researched. Person who may have an allergy to the dandruff of a dog will be able to use a miniature horse, which falls within the defined lines. Miniature horses had a set of parameters, just like service animals. Those parameters are:
A) The horse must be housebroken B) Must stay under the owners control at all times, just like a service dog C) The location being accessed must be able to accommodation the size and nature
of the animal D) Finally, the presence of the animal must stay within the guidelines of safe
operations. For example, the use of a dog or miniature horse cannot be accommodated when working in the kitchen of a restaurant, however should be accommodated in the sitting area of the restaurant.
74
Slide 29
GROUP ACTIVITY
Please turn to the Guest Concern Worksheet For the following situations, answer the
following:What is the main concern?What is the violation?How should the situation been handled?How can this be prevented in the future?What was done correctly?
Slide 29: Group Activity Trainer: Take a look at the sheet previous handed out (Appendix A). You will be pairing up or working in groups no larger than 3 people to answer the five questions presented for each guest interaction presented in the worksheet. It should be noted that these situations are actual situations that guest have brought to our attention. Give the team members about 10 minutes to complete the exercise. Plan for approximately 15 minutes to discuss the answers the team members came up with.
75
Slide 30
GROUP ACTIVITY
For the next activity you will identify if the person pictured has a disability
Slide 30: Group Activity Trainer: On the next slide there are 7 pictures of celebrities. Please choose which celebrity or celebrities have a disability under the criteria we have spoken about during this training.
76
Slide 31
You can never tell who may or may not have a disability.
Slide 31: Group Activity Trainer: You can never tell who may or may not have a disability, therefore you should treat each person exactly the same.
77
Slide 32
Questions?
Slide 32: Group Activity Trainer: We have come to the end of our training. Are there any questions you may still have? Any addition feedback you would like to provide?
78
Section 3: Supervisor Information Card
The Supervisor Information Card is a paring down of the Accessibility Guide,
focusing on the major thrill rides, which can be found on the Six Flags Discovery
Kingdom website. The smaller version will allow the supervisory team members to carry
the requirements for each ride with them. The team members usually know which rides
are available, but this will also allow them to show the information to guests. The
Supervisor Information Card is a two sided 5x5 card, listing the attraction, height
requirements and accessibility requirements.
The Supervisor Information Card can be found in Appendix B of this project.
79
Chapter 5
DISCUSSION AND CONCLUSION
The purpose of this final chapter is to summarize the main concepts of the project.
These are 1) the need for creation of a training program, 2) its implementation, at Six
Flags Discovery Kingdom and the benefits not only for our supervisory team members
but to the guests. This chapter will also conclude the final thoughts of the researcher.
This project was created to help the supervisory team members at Six Flags
Discovery Kingdom to better assist guests with disabilities. Team members do not always
feel comfortable assisting guests with disabilities, and it has been observed by the
researcher that team members can make simple mistakes in the absence training in the
Americans with Disabilities Act. The sensitivity of employment and hiring is covered
during the introductory leadership course; however, there is no training focused
specifically on guests with disabilities and how best to assist them. Interest in this project
came from the researcher’s previous experience while studying for a Bachelors of
Science in Early Childhood Education with an emphasis on special needs, in addition to
extensive work with-in the theme park industry.
During the research phase of this project, the researcher realized there was a need
for training programs for supervisory team members through the lack of suggested
research in this specific area. The majority of existing research focuses on one aspect of
training and development, with transfer climate being the main concern. None of the
research has focused on the Americans with Disabilities Act, with the exception of
specific areas of professional studies, such as physical therapy and occupational therapy.
80
In order for this project to be considered for implementation into Six Flags
Discovery Kingdom discussion first began with Ian Stall, the Six Flags Discovery
Kingdom Human Resources Manager. Work was also done with the Corporate Training
Manager and Safety Manager. The assessment of needs for the programs came from an
in-depth conversation held over several months that examined a number of concerns of
team members and guests (through reports to Guest Relations). Research has shown that
team members feel stronger motivation to continuing with training and implement it
when it is positively received by supervisory team members and other members of the
park (Grossman & Salas, 2011; Salas et al. 2012). In order to provide the most inclusive
training program, the researcher took a broad approach to research and then narrowed it
down. Specifically, by starting with the Americans with Disabilities Act, narrowing it
down to a notion of inclusion, defining how it is relevant to the parks, and finally,
focusing on the positive outcomes of comprehensive training.
As the research was being conducted, the researcher realized how much change
the training program could bring to the park. This occurred through personal experiences,
past personal training and education, training and conversations with other team
members, and personal experiences with friends with disabilities during their visits to the
park. Through these experiences, the researcher was able to highlight the need for a
comprehensive training program which would eventually be implemented in all U.S.-
based Six Flags Theme Parks.
The researcher plans on expanding the training to the other Six Flags Theme
Parks in the United States. It is also planned to investigate international laws to better
81
assist guests with disabilities who attend the parks in Canada and Mexico. The training
materials will need to be adjusted for each park, particularly the Guest Situation
Worksheets and the Supervisory Information Cards.
The researcher would like to see further studies done on training and transfer in
the theme park industry, where day-to-day operations change depending on guest
interactions. It is also believed that there should be more training on the Americans with
Disabilities Act. The law has been implemented, but it is not always provided as an
educational tool to the supervisory team members on the front- line of the business.
82
Appendix A
TRAINING ACTIVITY
Guest Concern Worksheet:
1.) Guest's sister would like for better access with children with Down Syndrome and special needs. The employee would not help the young child with special needs get on ride. I informed the guest that team members are not allowed to help children too much, especially not being trained for special circumstances. (GSR 362078) What is the main concern?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What is the violation?_____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ How should the situation been handled?_____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ How can this be prevented in the future?____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What was done correctly?________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________
83
2.) Guest came to park on Saturday 6/2/12 with a disabled family member. Guest was given a disability pass by Guest Relations however experienced difficulties when the disabled family member attempted to board. Guest claims that her family member was not allowed to ride several rides including children's rides. Guest claims to have spoken to a manager who gave the family an all-day/all-rides exit boarding pass. Guest was not satisfied and later spoke to someone else inside the park who claimed to pass on her information to a manager. Guest has not received any call back as of yet. Guest does not have the names of the team members she spoke to. Guest would like to be contacted via phone for further discussion. (GSR 362569) What is the main concern?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What is the violation?_____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ How should the situation been handled?_____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ How can this be prevented in the future?____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What was done correctly?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________
84
3.) Guest came to GR to express her concerns. First Concern was at tram pickup in parking lot. Guest claims that she was ignored by employee. The employee proceeded to load stroller in disable area for wheelchairs. Guest said" she was told to wait" guest didn't wait she just proceeded to main gate in her scooter. Second concern guest feels that she should have been informed that we she was able to get a handicap pass for rides. Third concern guest claims she had to figure out manually how to operate the Kong elevator to get on platform. Once on Platform she was ignored for 20 min. she had raise her voice to get employee attention. Fourth Concern White Safari she was directed to go to exit to get on ride by employee. Once to the exit, she was told by an employee in red shirt that she was not able to enter due to she didn't have handicap pass. Fifth concern she upset that she had to take time from her family to come all the way from the back of park to GR to complain. Guest did mention that Taz she was pleased that she was greeted and able to get on ride with no trouble. (GSR 366327) What is the main concern?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What is the violation?_____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ How should the situation been handled?_____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ How can this be prevented in the future?____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What was done correctly?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________
85
4.) The guest called and spoke to me about the following concern:
The guest came to the park on Sunday, July 22 at around 1pm. The guest was bringing his sister and a friend to the park for the day; the guest's sister has CP. When the guest entered the park, he asked an employee in a bright yellow shirt if there were any accommodations for guests with disabilities. The employee informed them that we did not offer any accommodations. The guests believed this to be strange, but continued on with their day. The guest waited in line for Medusa and rode. After riding Medusa, they went to Kong and asked the employee at the height stick (a shorter, Asian man, with an orange name tag) if there were any accommodations. The guest states that they were again informed that there were no accommodations available for person with CP. At the end of the day, as the guest was looking at the map at his car, he noticed that guests requesting accommodations should go to Guest Relations. He was never informed us this by the employees that he asked or encountered at the rides. (GSR 383894) What is the main concern?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What is the violation?_____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ How should the situation been handled?_____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ How can this be prevented in the future?____________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ What was done correctly?________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________
86
Appendix B Supervisor Information Card
Side A: Ride (Thrills) Height Requirements Ark 42”/54”
(1) (2) Boardwalk Bumper Buggies
48”/54” (1) (1)
Boomerang 48” (1) (1)
Cobra 42”w/ 54”//48” (1) (2)
Dare Devil Chaos Coaster
48” (1) (2)
Hammerhead 48” (1) (2)
Kong 52”/ Max 78” (2/1) (2)
Medusa 54” (1) (1)
Monkey Business 42” (1) (1)
Monsoon Falls 42”/ max 76” (1) (1)
Pacific Rim 42” (1) (1)
Scat-A-Bout 36”-48” w/ 54”//48” (1) (1)
: Seated position :arm(s) required :Legs to knee required
87
Side B: Ride (Thrills) Height Requirements Scat-A-Bout 36”-48” w/ 54”//48”
(1) (1) SkyScreamer 44”-48” w/ 48”// 48”
(2) (2) Superman Ultimate Flight 52”-54” w/54”// 54”
(2) (2) Tazmanian Devil 50” w/ 54”//54”/max
77” (1) (1) Thrilla Gorilla 42” w/54”//48”
(1) (2) The Joker 48”
(1) (2) Thunder Road Speedway 42” w/ 18y.o.//58”
(2) (2) Tsunami Soaker 36” w/54”//48”
(1) (1) Vertical Velocity 54”/ Max 75”
(1/2) (1/2) Voodoo 55”/ Max 77”
(1) (2) Wave Swinger 48”
(1) (1) White Water Safari 36” w/ 54”//42”
(1) (1) / :Step into
vehicle/transfer :No casts (arm/leg)
:Prosthestic guidleine
88
REFERENCES 14th Amendment. (1868). Retrieved from
https://www.law.cornell.edu/constitution/amendmentxiv
A Guide to Disability Rights Laws. (April 9, 2012). Retrieved from
http://www.ada.gov/cguide.htm#anchor65610
ADA update: A primer for small business. (March 16, 2011). Retrieved July 19, 2015,
from
http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm#facilitiyass
essmsnt
Americans with Disabilities Act Title III regulations: Nondiscrimination on the basis of
disability by public accommodations and in commercial facilities. (2015).
Washington D.C.: Department of Justice.
Amusement park and attractions industry statistics. (n.d.). Retrieved from
http://www.iaapa.org/resources/by-park-type/amusement-parks-and-
attractions/industry-statistics
Brault, M.W. (2012). Americans with disabilities: 2010. (pp. 70-131). Retrieved
from http://www.census.gov/prod/2012pubs/p70-131.pdf
Bowman, L. (2011). Americans with Disability Act: Principles and practice. New
Directions for Adult & Continuing Education, 2011(132) 85-95.
Brown, S. (2002). What is disability culture? Disability Studies Quarterly, 22, 34-50.
89
Bullock, C., Mahon, M., & Killingsworth, C. (2010). Introduction to recreation services
for people with disabilities: A person centered approach (3rd ed.). Urbana,
Illinois: Sagamore Publishing.
Civil Rights. (n.d.). Retrieved Ocotber 15, 2015 from
https://www.law.cornell.edu/wex/civil_rights
Cohen, M., & Avanzino, S. (2010). We are people first: Framing organizational
assimilation experiences of the physically disabled using co-cultural theory.
Communication Studies, 61, 272-303.
HRC Staff (2015, June 21) Comprehensive New LGBT Non-Discrimination Legislation
To Be Introduced This Week. Retrieved from
http://www.hrc.org/blog/entry/breaking-comprehensive-new-lgbt-non-
discrimination-legislation-to-be-introd
U.S. Census Bureau. Disability characteristics 1990 census (2012). Retrieved from
http://www.census.gov/people/disability/methodology/census.html
Goren, W. D. (2010). Preface. In Understanding the Americans with Disabilities Act (3rd
ed.). p. vii. Chicago, Ill.: American Bar Association.
Grossman, R., & Salas, E. (2011). The transfer of training: What really matters.
International Journal of Training and Development, 15, 103-120.
Fess-Kenyon Act (see the Vocational Rehabilitation Act). (2012, June 20). Retrieved
from http://documents.law.yale.edu/fess-kenyon-act-see-vocational-rehabilitation-
act
History. (n.d.). Retrieved July 15, 2015 from http://www.balboapark.org/info/history
90
Jacobs, R., & Lauber, R. (2011). Realities of the Americans with Disabilities Act.
Employee Relations Law Journal, 37, 35-59.
Krejsa, N. (2015, July 22). Another record performance at Six Flags. Retrieved
from http://investors.sixflags.com/phoenix.zhtml?c=61629&p=irol-
newsArticle&ID=2069878
Malkusak, T., Schappet, J., & Bruya, L. (2002, April 1). Turning accessible playgrounds
into integrated playgrounds: Just add a little essence. Parks & Recreation, 2002
(37) 66-71.
Mezey, S. G. (2005). Disabling interpretations: The Americans with Disabilities Act in
Federal court. Pittsburgh, PA: University of Pittsburgh Press.
National recreation inclusion conference: Educating, enlightening and empowering in
Illinois. (2010, December 1). Parks & Recreation, 56-56.
Orbe, M. (1998). Constructing co-cultural theory: An explication of culture, power and
communication. Thousand Oaks, CA.: SAGE Publications.
Orbe, M., & Roberts, T. (2012). Co-cultural theorizing: Foundations, applications &
extensions. The Howard Journal of Communications, 23, 292-311.
Pelka, F. (2012). What we have done: An oral history of the disability rights movement.
Amherst State: University of Massachusetts Press.
Peterson, P., & Quarstein, V. (2001). Disability awareness training for disability
professionals. Disability and Rehabilitation, 23, 43-48.
Primary Documents in American History. (n.d.). Retrieved March 19, 2015, from
http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html
91
Reid-Anderson, J. (Director) (2015). Investor presentation: February 2015.
Lecture conducted in, Dallas, TX.
Salas, E., Tannenbaum, S., Kraiger, K., & Smith-Jentsch, K. (2012). The science of
training and development in organizations: What matters in practice.
Psychological Science in the Public Interest, 13, 74-101.
doi:10.1177/1529100612436661
Scholl, K., Glanz, A., & Davison, A. (2006). Importance-performance analysis of
supportive recreation inclusion services: Community agency perspective. Journal
of Park and Recreation Administration, 24, 102-124.
Service Animals. (2011, July 1). Retrieved from
http://www.ada.gov/service_animals_2010.htm
Smith, R., Austin, D., Kennedy, D., Lee, Y., & Hutchison, P. (2011). Inclusive & special
recreation: Opportunities for persons with disabilities (5th ed.). Urbana, Ill:
Sagamore Publishing.
Snow, K. (2011). What is inclusion? What’s not? Disability is natural e-newsletter.
Retrieved from
http://www.disabilityisnatural.com/~k061480m/images/PDF/inclusionwhatis.pdf
Special Education Legislation: A Synopsis of Federal and State Policies: The Education
for All Handicapped Children Act. (n.d.). Retrieved March 19, 2015, from
http://sitemaker.umich.edu/356.zipkin/the_education_for_all_handicapped_childr
en_act
92
Special Education Legislation: A Synopsis of Federal and State Policies: Individuals with
Disabilities Education Act. (n.d.). Retrieved March 19, 2015 from
http://sitemaker.umich.edu/356.zipkin/individuals_with_disablities_education_act
State-By-State Sexual Harassment Training • EKO. (2014, June 12). Retrieved from
http://www.ekoatwork.com/articles/state-by-state-sexual-harassment-training-
requirements/#When_must_training_be_provided
Stefan, S. (2001). Unequal rights: Discrimination against people with mental disabilities
and the Americans with Disabilities Act. Washington, DC: American
Psychological Association.
The Americans with Disabilities Act of 1990 and Revised ADA Regulations
Implementing Title II and Title III. (n.d.). Retrieved October 10, 2015, from
http://www.ada.gov/2010_regs.htm
The Constitution of the United States: Amendments 11-27. (n.d.). Retrieved September
25, 2015, from
http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html
Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved July 30, 2015, from
http://www.eeoc.gov/laws/statutes/titlevii.cfm
US Constitution - 5th and 14th Amendments. (n.d.). Retrieved March 19, 2015, from
http://finduslaw.com/us-constitution-5th-14th-amendments#1
U.S. Department of Education (2004) Statutes, regulations and case law protecting
individuals with disabilities (9th ed.).. Malvern, PA: Center for
Education & Employment Law.
93
U.S. Department of Labor. (2010a, December 31). Accessibility. Retrieved from
http://www.virginianavigator.org/dn/disability-and-employment-glossary-
ofcommonly-used-terms/article-24132.aspx
U.S. Department of Labor. (2010b, December 31). Reasonable Accommodations.
Retrieved from http://www.virginianavigator.org/dn/disability-andemployment-
glossary-of-commonly-used-terms/article-24132.aspx
United States Laws: Overview of the Rehabilitation Act of 1973 (Sections 504 and 508).
(n.d.). Retrieved March 19, 2015, from http://webaim.org/articles/laws/usa/rehab
What is the Communications Act of 1934? (n.d.). Retrieved July 15, 2015, from
http://www.rooseveltinstitute.org/new-roosevelt/what-communications-act-1934