Educational provision and assistive technology for disabled student in Thailand: From legal perspective to real situation Tavee Cheausuwantavee The 2009 Write Workshop (Disability and Rehabilitation Journal) July 28, 2009
Topic Legal and social policy movement regarding persons with disabilities (PWDs) –Global movement: Convention of Right of Persons with Disabilities (CRPD) –Western movement, particularly in US.: American Disability Act 1990 (ADA 1990) –Thailand movement: Rehabilitation Act for Disabled Person 1991 and related legislations Educational provisions/access and assistive technologies (ATs) are the crucial tool for enhancing QOL of PWDs in modern and capitalism society Thailand is influenced by global movement/standards within capitalism society
Puzzle/Problem Evidence: Lack of ATs and educational provisions for disabled students in real practical situations In Thailand, there were many studies regarding ATs and educational provisions for disabled students but without synthetic, comprehensive and empirical review along with those existing laws The state or government usually formulated and developed the new legislation and policy without sufficient empirical and comprehensive data This event is probably one of reasons of ineffectiveness of legal enforcement and policy implementation
Research Question How are the differences between legal essences (ideology) and real situations (practice) of educational and ATs provisions for disabled students in Thailand? What are the essences/themes indicating in the laws?. What are the real situation occurring? What are met and unmet issues between legal essences and real situations
What we will learn and its contribution To know comprehensive and empirical data along with those recent and existing legal and social policy issues To help the state, lawyers and policy makers and other stakeholders to –determine how success of those laws –and how to effectively formulate and enforce such laws or the new laws in terms of ATs and educational provisions for Thai disabled students in the future
Background/scope of study Assistive technology (AT) is a generic term that includes assistive, adaptive, and rehabilitative devices for PWDs Persons with disabilities (PWDs): physical, visual, hearing, mental, intellectual disability Laws/Act related to PWDs ( ) –Rehabilitation Act for PWDs 1991 new one –National Education Act 1999 –Constitution of the Kingdom of Thailand 1997 new one –Promotion and Development of QOL of PWDs 2007 –Constitution of the Kingdom of Thailand 2006
Method Documentary research: legal documents vs. research documents Unit of analysis: Legal documents& Research documents between Procedure: Visited libraries & searched online database- 30 target research documents Instrument: guidelines for research collection Data Analysis: Typology/comparison analysis and interpretation –Analysis of themes contained within the legal documents –Summary of evidence concerning ATs between –Comparison of legal themes with evidence
Finding/Result Legal essences/themes on ATs and educational provisions concern on –human dignity, equality and right –responsibility of the state for the protection disabled persons –multi-sectoral involvement of 5 GOs or ministries –affirmative action without punishment provision –all aspects of QOL of PWDs, –flexible and offer alternative programs and services –adequate budget and resources by the government
Finding/Result The majority of legal essences/themes on ATs and educational provisions for disabled students did not meet to the real practices/situations –Negative aspects > Positive aspects –Lack of systematic monitoring and punishment by government Not only limitations by enforcing the law, but also negative attitudes of service providers and society toward persons with disabilities Unsuccessful/ ineffective laws
Conclusion &suggestion Unsuccessful/ ineffective laws, particularly barriers as negative attitudes toward, PWDs have been not only occurred in Thailand, but also other countries. Dowrick, Anderson, Heyer and Acosta, USA. Barnes and Oliver, UK. Wardak, Faiz and Turmusani, Afgahanistan Systematic monitoring of legal enforcement and policy implementation on AT and educational provisions through affirmative action by the governmental sectors needs to be done. AT knowledge, skills training as well as positive attitude promotion/consciousness raising among teachers, providers, administrators should be launched along with legal perspective.