scholarly journals Falling through the Cracks: Deaf New Americans and Their Unsupported Educational Needs

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.

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.


2019 ◽  
Vol 45 (1) ◽  
pp. 177-198 ◽  
Author(s):  
James M. Kauffman ◽  
Andrew L. Wiley ◽  
Jason C. Travers ◽  
Jeanmarie Badar ◽  
Dimitris Anastasiou

The opinion of the Supreme Court of the United States in the Endrew case has implications for the education of all students with disabilities. Implications for several categories of disability are discussed: those with autism spectrum disorder and those with disabilities often considered high incidence, particularly those placed for a significant portion of their school day in general education. The aspects of the Individuals with Disabilities Education Act most relevant to the Endrew case are also compared with Article 24 of the United Nations’s Convention on the Rights of Persons with Disabilities. The opinion in Endrew may affect the course of special education and the role of behavior modification in meeting the needs of all students with disabilities.


1995 ◽  
Vol 62 (3) ◽  
pp. 213-223 ◽  
Author(s):  
Bruce L. Mallory

This article examines the theory, research, and social policy relating to family and individual life-cycle transitions for people with disabilities in the United States. The article describes the degree to which transitions are sensitive to policy design and the broad social and cultural context of transitions. Examples from the Individuals with Disabilities Education Act and the Developmental Disabilities Assistance and Bill of Rights Act illustrate both promising and inadequate policy responses to life-cycle transitions. A series of questions is intended to guide future enactment and analyses of social policies that affect life-cycle transitions.


Interpreting ◽  
1998 ◽  
Vol 3 (1) ◽  
pp. 21-45 ◽  
Author(s):  
Holly Mikkelson

Various federal and state statutes in the United States define the role of the court interpreter with clear and unequivocal rules. This definition is based on the underlying principles of the U.S. legal system, which is derived from the Anglo-Saxon common-law tradition. Consequently, the distinctive features of that system, including the jury trial and the concept of adversarial proceedings, make the function of the court interpreter quite different from that of his/her counterparts in other countries. In recent years, the judiciary has made an effort to enhance the public's access to the justice system, but at the same time, the latest wave of immigration comprises individuals from societies in which cultural norms differ greatly from those of the United States. Moreover, many of these immigrants have received little or no formal education. As a result, judiciary interpreters feel somewhat constrained by the rules that govern their profession when they strive to bridge the cultural and linguistic gap. This paper reexamines the function of the court interpreter in light of these circumstances and an analysis of prevailing practices in other countries, and proposes a new approach to the interpreter's role.


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.


2021 ◽  
pp. 074193252110636
Author(s):  
Michael F. Giangreco ◽  
Robert C. Pennington ◽  
Virginia L. Walker

Although behavior analytic practices have been widely applied in schools to support students with disabilities, there remains limited guidance concerning utilization of these practices in inclusion-oriented schools and, more specifically, the role of the Board Certified Behavior Analyst in the provision of related services. The goal of this article is to encourage discussions among stakeholders hopefully leading to a clearer conceptualization and more effective utilization of behavior analytic practices in inclusion-oriented schools. In addition to discussing the conceptualization of behavior analytic services as a related service and the role of both Board Certified Assistant Behavior Analysts and Registered Behavior Technicians as paraprofessionals under the Individuals with Disabilities Education Act, we provide a set of guidelines for related services decision-making practices useful within a collaborative teamwork framework, including behavior analysts, and offer areas for future research.


PEDIATRICS ◽  
1992 ◽  
Vol 89 (1) ◽  
pp. 98-102
Author(s):  
James A. Blackman ◽  
Alfred Healy ◽  
Elizabeth S. Ruppert

Part H of the Individuals with Disabilities Education Act (originally enacted as Public Law 99-457) requires that participating states phase in a system of early intervention services by 1993. By recognizing the importance of good health in the development of infants and toddlers, Congress acknowledged the key role of medical care providers in a comprehensive program for young children with or at risk for developmental delay or dysfunction. National and state surveys of pediatricians suggest limited but growing awareness of this legislation and uncertainty about how they might participate effectively. A chief concern relates to mechanisms of payment for developmental screening and assessment as well as time-demands for participation in interdisciplinary team activities. The American Academy of Pediatrics and its state chapters are responding to requests for information with educational seminars and print materials. Pediatricians can enhance the quality of community support services for children with special needs by participating in planning efforts and by coordinating health care with other aspects of early intervention. Other professionals and parents are looking to pediatricians for leadership and willing participation in the implementation of PL 99-457.


PMLA ◽  
1960 ◽  
Vol 75 (2) ◽  
pp. 16-19
Author(s):  
Homer D. Babbidge

When your distinguished Secretary invited me to speak to you today, we spoke casually of a factual report on the language development feature of the National Defense Education Act. It is tempting to rehearse for you what this Act has already done and what it shows certain promise of doing for the development of modern foreign language study in the United States; to report to you that only a year after the Act's passage, more than 50,000 youngsters are getting better instruction as a consequence of institute training for their teachers; that the so-called “neglected” languages have been given so much attention that French, German, and Spanish now feel distinctly neglected; and that more money has been committed for research in the teaching of modern foreign languages in this past year than has been spent for this purpose in all recorded history. But all of this can be read (or told to you by the Prophet Mildenberger and his disciples, who, so far as I can see, are stationed at every corner of this hotel) and I prefer to direct my remarks to a single aspect of the complex language development program in which we are jointly engaged; one that I trust has great common interest for this audience, and one that in its implications suggests some weighty responsibilities for your profession: the role of the college and university in the preparation of language teachers.


2015 ◽  
Vol 32 (2) ◽  
pp. 115
Author(s):  
Stephen A Rosenbaum

In this essay, disability practitioner and scholar Stephen Rosenbaum proposes a radical change in the United States administrative adversarial adjudicatory process for resolution of “special” education disputes between educators and students with disabilities, looking for inspiration in part to Canada and the Commonwealth’s use of an inquisitorial approach. Typically, the dispute is over whether the students—termed “les enfants en difficulté” in French-speaking Canada—are receiving an appropriate array of instructional interventions and services. Adversarial adjudication has had many critics over the years. Asking a judge to weigh the parent (or student’s) preferred options under the U.S. Individuals with Disabilities Education Act [IDEA] against those of the school administration may not be the optimal method for designating a pupil’s educational program—nor a good use of time and money.  The author’s blueprint calls for replacing the IDEA due process hearing with another model in instances where the family and school authorities disagree about the components of a student’s instructional program. Under current law, the hearing is typically conducted by an administrative jurist in which the parties present evidence, expert testimony and argument, if they have been unable to resolve their disagreement at a school-based team meeting, mediation or some other informal conference. In the proposal presented here, disagreements would instead be reviewed by a “special master” whose expertise is in education or disability rather than law. Through a process of problem-solving or “active adjudication,” the master (or “independent educational reviewer”) would attempt to quickly resolve the dispute over appropriate placement, instructional strategies and/or services. The master could hold a conference, conduct a hearing or brief investigation, receive more documents, consult with experts or correspond in some other mode with the parties. The master’s determination would be subject to judicial review in limited circumstances. Dans le présent essai, Stephen Rosenbaum, avocat et universitaire spécialisé en matière d’éducation et de la situation de handicap, s’inspire en partie de l’approche inquisitoire suivie au Canada et au Commonwealth pour proposer une modification radicale du processus contradictoire qu’utilisent les instances administratives américaines pour résoudre les différends opposant les éducateurs et les élèves avec les incapacités intellectuelles ou psycho-sociales. Habituellement, le différend porte sur la question de savoir si les élèves, appelés « les enfants en difficulté » dans le Canada francophone, reçoivent un éventail approprié de services d’aide et d’intervention en matière d’éducation. Le processus contradictoire a été décrié à maintes reprises au fil des années. Demander au juge de soupeser les options que privilégient les parents (ou les élèves) en application de la loi des États-Unis intitulée Individuals with Disabilities Education Act [IDEA] par rapport à celles de l’administration scolaire n’est peut-être pas la meilleure façon de procéder pour élaborer le programme d’éducation d’un élève, et ne représente pas non plus une bonne utilisation des ressources.L’auteur propose de remplacer l’audience équitable prévue par l’IDEA par un autre processus dans les cas où la famille et les autorités scolaires ne s’entendent pas sur le contenu du programme d’éducation d’un élève. Selon la loi actuellement en vigueur, l’audience est habituellement conduite par un juriste administratif devant lequel les parties présentent des éléments de preuve, des témoignages d’expert et des arguments, si elles ont été incapables de régler leur différend lors d’une rencontre, d’une séance de médiation ou d’une autre conférence informelle avec une équipe pluridisciplinaire de l’école. Dans le modèle proposé ici, les désaccords seraient plutôt examinés par un « special master » (conseiller spécial) qui serait spécialisé en matière d’éducation ou de la situation de handicap plutôt qu’en droit. Dans le cadre d’un processus axé sur la résolution de problèmes ou sur l’« arbitrage actif », le conseiller (ou l’« examinateur pédagogique indépendant ») s’efforcerait de régler rapidement le différend au sujet du placement ou des services ou stratégies pédagogiques qui conviennent. Le conseiller pourrait tenir une conférence, conduire une audience ou une brève enquête, recevoir d’autres documents, consulter des experts ou correspondre d’une autre manière avec les parties. La décision du conseiller serait susceptible de contrôle judiciaire dans des circonstances restreintes.


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