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JARAMOGI OGINGA ODINGA UNIVERSITY OF SCIENCE AND TECHNOLOGY P.O. Box 210 - 40601 Bondo – Kenya. | Tel: 057-2501804 OR 057-2058000 | Cell: 0707-058000 | Fax 057 2523851 ISO 9001:2008 CERTIFIED SENSATISATION ON DISABILITY MAINSTREAMING MATTERS HELD ON 4 TH JUNE 2014 Wanyera Samuel SCHOOL OF EDUCATION SPECIAL NEEDS EDUCATION DEPARTMENT

JARAMOGI OGINGA ODINGA UNIVERSITY OF SCIENCE AND TECHNOLOGY P.O. Box 210 - 40601 Bondo – Kenya. | Tel: 057-2501804 OR 057-2058000 | Cell: 0707-058000 |

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JARAMOGI OGINGA ODINGA UNIVERSITY OF SCIENCE AND TECHNOLOGYP.O. Box 210 - 40601 Bondo – Kenya. | Tel: 057-2501804 OR 057-2058000 | Cell: 0707-058000 | Fax 057 2523851

ISO 9001:2008 CERTIFIED

SENSATISATION ON DISABILITY MAINSTREAMING MATTERSHELD ON 4TH JUNE 2014

Wanyera Samuel SCHOOL OF EDUCATION

SPECIAL NEEDS EDUCATION DEPARTMENT

Introduction

• 7-10% of the world population live with disability. • U.N. estimates indicates that 600million people are

living with disability.• 2/3 of people with moderate to severe disability live

below poverty line • Disability causes serious social, economic, physical and

psychological problems (low socio-economic status, victimization, social isolation).

• Kenya National Disability Survey 2007 estimates disability prevalence at 4.6% in Kenya.

Definition.

• As defined in the Kenya disability Act of 2004, disability means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation of an individual.

Figure 1: Prevalence of disabilities by type

0.5

0.2

1.4

0.3

1.6

0.4

0.2

0

0.2

0.40.6

0.8

1

1.21.4

1.6

1.8

Hearing Speech Visual Mental Physical Self Care Other

Perc

ent

Disability Mainstreaming• Can include:

– (Temporary) disability-specific activities and affirmative action to address disadvantage. May target disabled people and/or non-disabled people.

– identifying the need for changes in goals, strategies, and actions so that both disabled people and non-disabled people can influence, participate in, and benefit from development processes.

• Is about: – the transformation to equal and just structures for both

Persons with disabilities and non-disabled persons.

• Not about– Adding a ‘Persons with disabilities or disability

component’ or even a ‘disability equality component’ into an existing activity.

– Goes beyond increasing disabled people’s participation

Clarification of Concepts

Inclusive SettingThis term describes a situation where all learners including those with special needs participate in all activities in a community that recognizes and addresses the needs of each learner as much as possible.

Inclusive EducationThis refers to the philosophy of ensuring that schools, centres of learning and educational systems are open to all children. This will enable the learners to be included in all aspects of school-life. It also means identifying, reducing or removing barriers within and around the school that may hinder learning. For this to happen, teachers, schools and systems need to modify the physical and social environment so that they can fully accommodate the diversity of learning needs that pupils may have.

Special NeedsThese are conditions or factors that hinder normal learning and development for individuals. They may be temporary or life-long. The conditions that may hinder proper progress of an individual may include disabilities, social, emotional, health or political difficulties. These conditions are also referred to as barriers to learning and development. The barriers can be within the child or in the environment or a combination of both. ImpairmentImpairment refers to any loss or damage to a part of the body either through accident, disease, genetic factors or other causes. This leads to the loss or weakening of that part affected. For example, if one lost fingers in an accident, that hand may not function properly. Impairment is therefore the loss of the fingers

Clarification of concepts

DisabilityThis refers to any loss or reduction of functional ability (resulting from an impairment) to perform an activity in the manner or within the range generally considered normal for a human being within the cultural context. It is also a limitation of opportunities that can prevent people who have impairments from taking part in the normal life of the community on an equal level with others. There may be physical or social barriers to full participation. For example, a person whose legs are paralysed cannot walk independently. In this case, disability is the difficulty in walking. Special Educational NeedsIndividuals have different abilities and potentials in performing tasks. In education, there are individuals who do not perform like the others, but could improve with appropriate support. These learners have learning or educational needs which vary from one child to another. These are then referred to as special educational needs. Special education had focused mainly on disability rather than the child’s learning needs. You should therefore appreciate that when working with learners with special needs, their education is not special rather their needs.

Clarification of concepts

Special Needs Education (SNE)This is education, which provides appropriate modifications in curricula, teaching methods, educational resources, medium of communication or the learning environment. The modifications are meant to meet the special educational needs of individuals as described above. SNE is learner-centered, flexible and adjustable to individual needs and potentials. This was originally referred to as special education.

HandicapA handicap is a disadvantage or a restriction of activity, which results from a disability or from society’s attitudes towards a disability. Handicaps prevent the fulfilment of roles that are appropriate according to the age, gender, social and cultural features of an individual. An individual who is not given an opportunity to become independent by society is handicapped. A handicap can therefore be lessened if the society provides support to enable a person with a disability to be independent.

Clarification of concepts

Clarification of concepts

DisordersA disorder is a reduction of function of disability or disturbance of the normal working body or mind. For example, a disorder of the digestive system or suffering from a mental disorder. ChallengedThis concept is used to describe persons with disabilities who are unable to perform activities in the manner or within the range considered normal for human beings. For example, “intellectually challenged” refers to a person with sub-average general intellectual functioning.

AN OVERVIEW OF THE PERSONS WITH DISABILITIES ACT NO.14, 2003

The persons with disabilities Act was assented to on the 31st December, 2003

The main objective of the Act is to provide

• for the rights of persons with disabilities, rehabilitation of persons with disabilities, equalization of opportunities and establishment of the Council.

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Formation of Disability Committee in institutions

• Expert shall be identified in consultation with the NCPWD to train the committee on disability mainstreaming.

• First responsibility to collect and collate legislations and policy instrument on disability and study them vis-à-vis their mandate.

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Committee mandate:1 Act as focal point on disability related issues in the

institution/organization.2 Guarantee inclusion of PWDs in operations.3 Ensure 5% of employment reserved for PWDs.4 Ensure reasonable accommodation to PWDs in

relation to employee support service delivery5 Promote principal of universal design in the

planning, implementation, monitoring and evaluation of the organizations core mandate or programs, projects and activities.

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Formulate a disability mainstreaming action plan

• Formulate an action plan based on the identified levels of mainstreaming. Objectives and activities in the plan shall be implemented based on specific areas as identified in the performance indicators within specific reporting quarters (see table on next page).

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Committee shall consist of:1. A senior officer who should act as the chair of the

committee.2. A member of the organization/ institution board or

executive committee to ensure representation of disability issues at decision making and strategic level.

3. Head of HR; ensure the org is able to secure at least 5% PWD employment.

4 Head of logistics procurement; ensure that org’s physical facilities/ premises are accessible to PWDs.

5 30%+ representation of PWDs, if employed in the org (including its regional or county levels).

6 Committee appoints a DM focal person to act as secretary and liaison officer with NCPWD and other stakeholders.

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Committee mandate (continued)

6 Promote continuous awareness creation on disability issues to form positive attitudes towards persons with disabilities.

7 Submit standardized quarterly disability mainstreaming progress reports, using NCPWD framework, to the NCPWD and implement the recommendations thereof.

Section: 7(1)• to issue adjustment orders.• to formulate and develop measures and policies designed

to:(i) achieve equal opportunities for persons with disabilities by ensuring that they obtain education and employment, and participate fully in sporting, recreational and cultural activities and are afforded full access to community and social services.

(ii) obtain accurate figures of persons with disabilities in the country during the National census for the purpose of planning.

(iii) advice the Minister on the provision of international treaty or agreement relating to the welfare and rehabilitation of persons with disabilities and its benefit to the country.

(iv) recommend measures to prevent discrimination against persons with disabilities.(v) put into operation schemes and projects for self employment or regular or sheltered employment for income generation by persons with disabilities.(vi) encourage and secure the rehabilitation of persons with disabilities within their own communities and social environment.

(vii) encourage and secure the establishment of vocational rehabilitation centers and other institutions and other services for the welfare, rehabilitation and employment of persons with disabilities.(vii) co-ordinate services provided in the country for the welfare and rehabilitation of persons with disabilities implement programs for vocational guidance and counseling.

REGISTRATION OF PERSONS WITH DISABILITIES

• To register-(i) persons with disabilities.(ii) institutions, associations and organizations, controlled and managed by Government and local authorities.(iii) places at which services for the rehabilitation of persons with disabilities are provided.(iv) persons with disabilities whose condition require constant medical services.

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PROVISION OF DEVICES

• Provide:(i) assistive devices, appliances and other

equipment.ii) access to available information.

NB: JOOUST has partnered with African crutches in provision of wheel chairs, walking frames

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(e) consult with the Government in the formulation of suitable curricula for vocational rehabilitation centers and training facilities.

(f) make provision for assistance inform of scholarships, loan programmes, fee subsidies and other forms of assistance.

NB: The year 2012 the National Council for Persons with Disabilities, paid fees for at least 6 students with disabilities The National Council for Persons with Disabilities has also been funding JOOUST in buying computers, teaching aid, also funded income generating projects for outreach programmes for disability groups.

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EmploymentSection: 12(2) outlaws discrimination against pwds in employment.Section: 12 (3) provides for total exemption from tax on all income accruing from employment.Section: 13 the Council is mandated with the responsibility of reservation of 5% by employers in both public and private for pwds.Section: 15 (1) outlaws discrimination by employer against pwds through advertisement, recruitment and provision of facilities.Section: 15 (2) outlines instances where an employer will not be deemed discriminating against pwds.Section: 15(3) provides mechanisms for an aggrieved person to present his claim to the Industrial Court.

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Section: 15(6) provides the retirement age to be 60 years for pwds.Section: 16(1) provides an employer who engages a pwd with a required skills or qualifications to be entitled to apply for 25% deduction from his taxable income. Section:16 (2) provides an employer who has improved facilities for the benefit of pwds to be given deduction equivalent to 50% of the direct costs of improvement .Section: 17 the Council is mandated with responsibility of establishing and maintaining records of pwds for various skills and training for job placement. Section: 18(1) outlaws denial of admission of pwds into learning institution on the ground of disability..

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Section 18(2) mandates learning institutions to take into account the special needs of PWDS with respect to entry requirement, pass marks, curriculum, examinations and class schedules.

Section 18(3) provides for establishment of special schools and institutions to cater for formal education, skills development and self-reliance.

NB: Learners with Special Needs should be given extra time for examination

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Disability friendly environmentSection: 20 mandates the Council to be represented in the

implementation of the National Health Programmes for PWDS.

Section: 21 provides pwds a barrier-free and disability friendly environment to enable them to have access to buildings, roads and other social amenities.

Section: 22 (1) mandates proprietors of public buildings with the responsibility to ensure it suits persons with disabilities in such a manner as may be prescribed by the Council.

Section: 22(2) provides the proprietors of the public buildings to comply with sub section (1) above within five years after the section comes into force.

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Taxation of goods/donations

Section: 35(4) exempts organizations that donates goods, items or equipment to institution of or for persons with disabilities.

Communication Section: 39 mandates all television stations to provide sign

language inset or subtitles in all newscasts and educational programmes covering events of national significance.

Section: 40 mandates all persons providing public telephone services as far as possible install and maintain telephone devices or units for persons with hearing disabilities and tactile marks on telephone sets for the blind.

Disability Etiquette

Tips on interacting with persons with Disabilities The aim of this training is to help integrate people with or without disabilities into all aspects of life particularly the workplace and the society at large. Sensitivity toward people with disabilities is very crucial. It helps you better serve your customers or develop your audience. When supervisors and co-workers use disability etiquette, employees with disabilities feel more comfortable and work more productively.

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The Basics

• Ask Before you help - Just because someone has a disability, don’t assume she needs help.

• Be Sensitive About physical Contact – PWDs depend on their arms for balance. Grabbing them—even if your intention is to assist—could knock them off balance. Avoid patting a person on the head or touching his wheelchair, scooter or cane since they consider them part of their personal space.

• Think Before you Speak - Always speak directly to the person with a disability, not to his companion, aide or sign language interpreter.

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• Don't make Assumptions - People with disabilities are the best judge of what they can or cannot do. Don’t make decisions for them since it could be a violation of the PWDs Act, 2003 to exclude PWDs because of a presumption about their limitations.

• Respond graciously to requests -When PWDs ask for an accommodation at your business, it is not a complaint. It shows they feel comfortable enough in your establishment to ask for what they need.

• Terminology Tips: Put the person first - Say “person with a disability” rather than “disabled person, crippled or handicapped.” wheelchair user and not wheel chair bound, blind but instead say visually impaired etc

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INCLUSIVE DEVELOPMENT ~ INCLUSIVE SOCIETY

Recommendations.

• As a cross-cutting issue,all development geared towards poverty reduction should be inclusive in natures.

• All the rules and regulations in place on disability to complied with

• Development plannings and implementation must include all Persons to achieve the MDGs and vision 2030.

THE END

THANK YOU