Where Have All the Lawsuits Gone? The Shockingly Small Role of the Courts in Implementing the Individuals with Disabilities Education Act

2008 ◽  
Author(s):  
Samuel R. Bagenstos
Author(s):  
Patricia Findley

The role of disability rights has developed and evolved over the course of the United States’ history. The definition of disability has broadened as well as the pursuit for equal treatment, inclusion, and more accessible environments. Key pieces of legislation such as the Mental Retardation Facilities and Community Mental Health Centers Construction Act, the Rehabilitation Act, the Individuals with Disabilities Education Act, and the Americans with Disabilities Act demonstrate a course of steps toward these more empowering themes of independence for those with disabilities. Disability advocates are strong in their message of “nothing about us, without us.” The disability rights movement helped to propel culture shifts and has promoted inclusion of individuals with disabilities. Despite the intention of disability policy to move the nation to more accessible, inclusive, and less discriminatory environments, more work is still needed to support the rights of those with disabilities.


2020 ◽  
Vol 45 (1) ◽  
pp. 51-55
Author(s):  
Sue Swenson

The role of parents in placement decisions is not mentioned in the foundational paper written by Agran et al. This essay explores the various ways parents are absent in the bureaucracy and in the everyday life of schools and communities. Some of the principles of the Individuals with Disabilities Education Act are thought to be at the heart of the problem, along with attitudes of ableism and a general neglect of human rights. An inclusive education of the heart is recommended.


2022 ◽  
Vol 12 (1) ◽  
pp. 35
Author(s):  
Michael A. Schwartz ◽  
Brent C. Elder ◽  
Monu Chhetri ◽  
Zenna Preli

Members of the Deaf New American community reported they arrived in the United States with no formal education, unable to read or write in their native language, and had zero fluency in English. Efforts to educate them have floundered, and the study aims to find out why and how to fix the problem. Interviews of eight Deaf New Americans yielded rich data that demonstrates how education policy in the form of the Individuals with Disabilities Education Act (IDEA) and other laws fail to address their needs, because these laws do not include them in their coverage. The study’s main findings are the deleterious effect of the home country’s failure to educate their Deaf citizens, America’s failure to provide accessible and effective instruction, and the combined effect of these institutional failures on the ability of Deaf New Americans to master English and find gainful employment. This article is an argument for a change in education policy that recognizes the unique nature of this community and provides for a role of Deaf educators in teaching Deaf New Americans.


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