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 incl

udes assistive, adaptive, and rehabilitative devices for PWDs

• Persons with disabilities (PWDs): physical, visual, hearing, mental, intellectual disability

• Laws/Act related to PWDs (1992-2006)– 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 1992-2006 • 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 1992-

2006 – 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, 2005 - USA.• Barnes and Oliver, 1995- UK.• Wardak, Faiz and Turmusani, 2003- 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.