CONSTITUTION
OF THE
STATE OF IDAHO
July 3, 1890
Preamble
We, the people of the state of Idaho, grateful to Almighty God for
our freedom, to secure its blessings and promote our common welfare, do
establish this Constitution.
ARTICLE
I DECLARATION OF RIGHTS
SECTION 1
INALIENABLE
RIGHTS OF MAN
"All men
are by nature free and equal, and have certain inalienable rights, among which
are enjoying and defending life and liberty; acquiring, possessing and
protecting property; pursuing happiness and securing safety."
As written,
Idaho's Constitution guarantees all citizens the rights of freedom, equality,
and self-governance. Historically, laws were biased and discriminated against
people with disabilities. Much of the insulting language describing people
with disabilities, comparable to ethnic disrespect, has been eliminated and
replaced, as laws have been added or modified to reflect a more
disability-literate culture: a more respectful and conscious societal attitude
towards the acceptance of our differences.
Living in Idaho
with a disability presents an inherent, but not unique, set of challenges.
Without life’s basic necessities in place, thriving within the community and
achieving a satisfactory professional life are goals and dreams that may never
be realized.
Select a quick
link below to view specific issues addressed in Idaho's disability
statutes:
§
Education
§
Employment
§
Domestic Relations and Family
§
Housing
§
Recreation
§
Self-governance and Civil Rights
§
Transportation and Community
Integration
§
Safety and Protection
§
Miscellaneous
§
Statutes to Evaluate
EDUCATION
TITLE
33
Education
CHAPTER
20
33-2002
EDUCATION
OF EXCEPTIONAL CHILDREN
RESPONSIBILITY
OF SCHOOL DISTRICTS FOR EDUCATION OF CHILDREN WITH DISABILITIES
Previously,
exceptional children were segregated from the main student body, taught in
separate classrooms, and, many times, in separate buildings.
Now, each school district must provide education and special services
for eligible children with disabilities between the ages of 3-21, in the most
integrated setting pursuant to the following criteria:
1)
Child
study teams are required
2)
Meet
minimum standards for education
3)
Qualifications
are required for teachers and staff
4)
Competence
of student is assessed to determine that he or she can provide informed
consent about his or her educational program choices
TITLE
33
Education
CHAPTER
20
33-2010
EDUCATION
OF EXCEPTIONAL CHILDREN
EDUCATION
OF ADULT STUDENTS WITH DISABILITIES
HOUSED
IN ADULT CORRECTIONAL FACILITIES
Any
individual with a disability eighteen (18) to (21) years, who is incarcerated
in an adult correctional facility, is not entitled to receive special
education and related services unless:
1)
Previously
identified as a child with a disability
2)
Had
an individualized education program in place prior to incarceration
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EMPLOYMENT
Title
44 of Idaho’s Constitution addresses Labor but pertains only to membership
and issues surrounding labor unions. The
ongoing unemployment rate for Idahoans and Americans with disabilities remains
consistent at approximately 70%. Gender
and age-based discrimination is prohibited.
No statutes dealing directly with employment discrimination based
solely on non-work related disabilities exist.
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DOMESTIC
RELATIONS AND FAMILY
TITLE
16
Juvenile
Proceedings
CHAPTER
15
16-1501B
ADOPTION
OF CHILDREN
Natural
or adoptive parents with disabilities have an equal right to custody of their
children in divorce proceedings through support and adaptation: the same
rights to love and nurture their children as non-disabled parents.
Parents with disabilities have the right to present evidence and
information in court, including the use of adaptive equipment and other
supports that allow them to effectively parent a child.
TITLE
32
Domestic
Relations
CHAPTER
7
32-717
CUSTODY
OF CHILDREN & BEST INTEREST
Previously,
parents with a disability were denied custody of a child based solely on
disability. Now, a parent with a
disability has the right to provide evidence in court that adaptive equipment
and support services will allow them to properly care for and parent a child
equivalent to a parent without a disability.
Having a disability cannot be the sole criterion used for denial and
determination of custody.
TITLE
32
Domestic
Relations
CHAPTER
10
32-1005
PARENT
AND CHILD
CUSTODY OF CHILDREN AFTER SEPARATION OF PARENTS
When
separation occurs between married or unmarried parents of a child,
discrimination based solely on disability is not allowed when determining what
is in the best interest of the child. The court shall advise the parent of his
or her right to demonstrate how the use of assistance devices, technology, and
supports will allow them to care for their child equivalent to a non-disabled
parent.
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HOUSING
TITLE
39
Health
and Safety
CHAPTER
41
39-4101
IDAHO
BUILDING CODE ACT
LEGISLATIVE
FINDING AND INTENT
The
state of Idaho requires minimum performance standards and requirements for
construction and construction materials, consistent with accepted standards of
engineering, fire safety, life, safety, and accessibility for those with
disabilities. Previously, there
were no laws regulating accessibility making integration into community life
and independent living more difficult.
Now,
all building permits are reviewed and must include mandated accessibility
standards written into the building plans.
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RECREATION
TITLE
18
Crimes
and Punishments
CHAPTER
58
18-5801
PUBLIC
SWIMMING POOLS
Where
prohibited, people with certified disabilities are allowed to use flotation
devices in public swimming pools if and when necessary.
TITLE
36
Fish
and Game
CHAPTER
4
36-409A
ARCHERY
HUNTING
Hunters
missing one or both arms and hands can participate in archery hunting.
TITLE
36
Fish
and Game
CHAPTER
11
36-1101
HUNTERS
WITH DISABILITIES
SPECIAL PERMIT TO HUNT FROM MOTORIZED VEHICLES
DISABILITY
DEFINED
Hunters
with limited mobility and disabilities are permitted, under specified
circumstances, to hunt wildlife from inside motorized vehicles.
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SELF-GOVERNANCE
AND CIVIL RIGHTS
TITLE
34
Elections
CHAPTER
11
34-1108
CONDUCT
OF ELECTIONS
ASSISTANCE
TO VOTER
If
any registered elector who desires to vote is unable, due to physical
disability or other limitation, to enter the polling place or to record his or
her vote by personally marking the ballot, he or she will be provided an
opportunity and the assistance to cast a private ballot.
TITLE
34
Elections
CHAPTER
24
34-2427
PHYSICALLY
DISABLED VOTERS
VOTING
BY MACHINE OR VOTE TALLY SYSTEM
TITLE
39
Health
and Safety
CHAPTER
24
39-2409
HOME
HEALTH AGENCIES
BILL
OF RIGHTS
“A
licensee shall provide each person or designated representative with a written
bill of rights, which shall be in substantially the same form as the currently
effective version of regulations affecting patients' rights utilized for the
Medicare and Medicaid programs.”
TITLE
39
Health
and Safety
CHAPTER
33
39-3316
IDAHO
BOARD AND CARE ACT
RESIDENT
RIGHTS
TITLE
39
Health
and Safety
CHAPTER
35
39-3516
RESIDENTIAL
CARE FOR THE ELDERLY
RESIDENT
RIGHTS
TITLE
39
CHAPTER
39
Health
and Safety
39-3903
STERILIZATION
PROTECTION
OF CIVIL RIGHTS
“A
petition shall be filed upon the request of one or more of the parents or
legal guardians or next of kin of the person alleged to be subject to this act
or by the director of the state department of health and welfare by the
prosecuting attorney in the district court in the county of residence of such
person alleged to be subject to this act. The petition shall contain the
written consent of the parent or parents, if such parents are surviving and
can be found after reasonable effort, and are mentally competent, or by a
legally appointed guardian.”
TITLE
39
Health
and Safety
CHAPTER
46
39-4603
IDAHO
DEVELOPMENTAL DISABILITIES
SERVICES
AND FACILITIES ACT
DECLARATION
OF RIGHTS
“Persons
with developmental disabilities shall have the same legal rights and
responsibilities guaranteed all other persons by the constitution and laws of
the United States of America and by the constitution and laws of the state of
Idaho.”
TITLE
50
Municipal
Corporations
CHAPTER
4
50-474
MUNICIPAL
ELECTIONS
VOTING
BY MACHINE OR VOTE TALLY SYSTEM
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TRANSPORTATION
AND
COMMUNITY INTEGRATION
A
primary barrier to full participation in daily life is the lack of available,
accessible, and affordable transportation, particularly in rural and remote
areas of Idaho. Laws have been
enacted to support and promote involvement and active participation in
community activities.
TITLE
18
CHAPTER
58
18-5812A
Crimes
and Punishments
ASSISTANCE
DOGS
Persons
with disabilities may be accompanied by assistance dogs into all private and
public facilities in Idaho. Previously,
individuals were asked to leave the premises.
TITLE
31
Counties
and County Law
CHAPTER
8
31-876
POWERS
AND DUTIES OF BOARD OF COMMISSIONERS
PUBLIC
TRANSPORTATION SERVICES
Services
for the elderly, people with disabilities, or other persons dependent on
public transportation shall be provided.
TITLE
49
Motor
Vehicles
CHAPTER
2
49-213
ACCESSIBLE
PARKING
Designated
parking spaces for citizens with temporary or permanent disabilities are
provided throughout Idaho. A
permanent or temporary state-issued disability placard or license plates are
required to park in a designated or non-designated parking space without
parking fees or imposed fines.
TITLE
49
Motor
Vehicle
CHAPTER
4
49-410
MOTOR
VEHICLE REGISTRATION
SPECIAL
LICENSE PLATES & CARDS FOR
PERSONS WITH A DISABILITY OR
FOR
CERTAIN TEMPORARILY DISABLED PERSONS
TITLE
49
Motor
Vehicles
CHAPTER
6
49-605
MOTORIZED
ASSISTANCE VEHICLES
Motorized
assistance vehicles are allowed on sidewalks in public areas.
TITLE
49
Motor
Vehicles
CHAPTER
7
49-721
BICYCLE
USE
Bicycles
used by citizens with disabilities are allowed on public sidewalks.
TITLE
56
Public
Assistance and Welfare
CHAPTER
7
Access
to all public areas
56-703
SERVICE
ANIMALS
Service
animals are allowed access into animal-restricted areas.
TITLE
56
Public
Assistance and Welfare
CHAPTER
7
56-704
Right
to use an assistance dog
Idahoans
with disabilities are permitted access to all public areas accompanied by an
assistance dog.
TITLE
71
Weights
and Measures
CHAPTER
2
71-241
SERVICE
STATION ASSISTANCE
A
person with a disability may request and receive assistance pumping gasoline
if two or more employees are on duty.
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SAFETY
AND PROTECTION
The
State of Idaho protects children and vulnerable adults.
"Vulnerable adult" is defined as "a person eighteen (18)
years of age or older who is not capable, because of physical or mental
impairment affecting judgment and behavior, of protecting himself or herself
from abuse, neglect or exploitation;" who lacks the fundamental
understanding and essential skills to communicate and implement well-founded
and appropriate decisions on his or her own behalf.
It is unlawful to abandon a vulnerable person and to batter persons
with disabilities or an assistance animal.
TITLE
18
Crimes
and Punishments
CHAPTER
15
18-1505
ABUSE,
EXPLOITATION OR NEGLECT
OF A VULNERABLE ADULT
It
is a misdemeanor in Idaho to neglect, inflict mental and physical pain, misuse
funds, property or resources or to exploit an adult eighteen (18) years or
older that is without the means to understand, communicate or properly protect
and defend themselves.
TITLE
18
Crimes
and Punishments
CHAPTER
15
18-1505A
ABANDONING
A VULNERABLE ADULT
Any
person who abandons a vulnerable
adult with deliberate disregard for his or her safety or welfare shall be
guilty of a felony, will be incarcerated in the state prison for a period not
in excess of five (5) years, or by a fine not exceeding five thousand dollars
($5,000), or by both such fine and imprisonment.
TITLE
18
Crimes
and Punishments
CHAPTER
58
18-5812
ABUSE
OR BATTERY
It
is unlawful for anyone to abuse or batter a person with a disability or an
assistance animal.
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MISCELLANEOUS
TITLE
39
Health
and Safety
CHAPTER
83 & 81
[39-8301] 39-8101
TRAUMA
CARE
TRAUMA
CARE ADVISORY COMMITTEE
[EFFECTIVE
UNTIL JUNE 30, 2003]
A
trauma care advisory committee, within the department of Health and Welfare,
has been identified to study and make recommendations for the care and
treatment of people with traumatic injuries.
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STATUTES
TO EVALUATE (as of 10/02)
TITLE
18
Crimes
and Punishments
CHAPTER
6
18-601
& 18-608
Abortion
and Contraceptives
Interpretation
of State Statutes and the State Constitution: Certain abortions permitted with conditions and guidelines
The
Idaho Constitution supports the preservation of life and supports live birth
versus abortion. However,
abortion services are available under certain circumstances
including, but not limited to physical, emotional, psychological and/or
familial factors, that the child would be born with some physical or mental
defect.
TITLE
44
Labor
CHAPTER
15
44-1505
Minimum
Wage Law
Employment
of workers with disabilities
for sub-minimum wages
Meaningful
employment for a' living wage' is essential to achieve equality, respect, and
the ability to make choices. Under
Idaho law, people with disabilities who are deemed ineligible to receive
minimum wage, can be paid 'sweat shop' wages for work performed.
TITLE
39
Health
and Safety
CHAPTER
[50] 49
EQUAL
OPPORTUNITY
DISPLACED
HOMEMAKER ACT
DISCRIMINATION
EQUAL
OPPORTUNITY FOR DISPLACED HOMEMAKER ACT
Are
males considered “homemakers” in this statute and afforded the same rights
as females?
“The
policy of the state of Idaho is hereby declared to be a recognition of the
increasing number of persons in the state who, having fulfilled the valuable
role of homemaker, find themselves displaced because of death or disability of
spouse, or divorce or other loss of family income.”
TITLE
67
State
Affairs
CHAPTER
70
67-7020
IDAHO
SAFE BOATING ACT
INCAPACITY
OF OPERATOR
With
no boating test administered, who is qualified to make this determination?
“It
shall be unlawful for the owner of any vessel or any person having such in
charge or in his control to authorize or knowingly permit the same to be
operated on the waters of the State of Idaho by any person who, by reason of
age, physical, or mental disability is incapable of operating a vessel under
the prevailing circumstances.”
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Idaho State Independent Living Council
Kelly Buckland, Executive Director
