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Disability, Civil Rights, and Public Policy examines how implementation policies in these areas evolved through protracted political struggles among a variety of persons and groups affected by disability rights laws. Efforts to influence these policies extended far beyond the process of legislative enactment and often resulted in struggles played out in the courts and the executive branch. The role of symbolic politics, the strengths and weaknesses of the contemporary models used for policy implementation, and the politics of administrative policymaking play key roles in this study.
Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she embarked on a legal battle to persuade her son’s school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability,” Colker reveals the IDEA’s shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.
Few pieces of legislation in recent years have caused as much public controversy as the No Child Left Behind Act of 2001. This book analyzes the passage of this law, compares it to other federal education policies of the last fifty years, and shows that No Child Left Behind is an indicator of how and why conservative and liberal ideologies are gradually transforming. This is a fascinating story about the changing direction of politics today, and it will intrigue anyone interested in the history and politics of education reform. The No Child Left Behind Act, proposed by conservative politicians, was approved by Congress in order to make states more accountable for their education systems and to hold all children to high academic standards. Until quite recently, conservative politicians were protesting federal involvement in schools. Today we find quite the opposite. Starting with the National Defense Education Act of 1958, Anderson weaves a detailed story of political evolution that is engaging, informative, and timely.
Wrightslaw Special Education Legal Developments and Cases 2019 is designed to make it easier for you to stay up-to-date on new cases and developments in special education law.Learn about current and emerging issues in special education law, including:* All decisions in IDEA and Section 504 ADA cases by U.S. Courts of Appeals in 2019* How Courts of Appeals are interpreting the two 2017 decisions by the U.S. Supreme Court* Cases about discrimination in a daycare center, private schools, higher education, discrimination by licensing boards in national testing, damages, higher standards for IEPs and "least restrictive environment"* Tutorial about how to find relevant state and federal cases using your unique search terms
“A really, really good book . . . both a specific history of [U.S.] disability policy as well as a broad story of the politics of social change.” —Jeremy R. Levine, American Journal of Sociology Despite the progress of decades-old disability rights policy, including the landmark Americans with Disabilities Act, threats continue to undermine the wellbeing of this population. The United States is, thus, a policy innovator and laggard in this regard. In Politics of Empowerment, David Pettinicchio offers a historically grounded analysis of the singular case of U.S. disability policy, countering long-held views of progress that privilege public demand as its primary driver. By the 1970s, a group of legislators and bureaucrats came to act as “political entrepreneurs.” Motivated by personal and professional commitments, they were seen as experts leading a movement within the government. But as they faced obstacles to their legislative intentions, nascent disability advocacy and protest groups took the cause to the American people, forming the basis of the contemporary disability rights movement. Drawing on extensive archival material, Pettinicchio redefines the relationship between grassroots advocacy and institutional politics, revealing a cycle of progress and backlash embedded in the American political system. “A broad and ambitious study of the evolution of American disability policy and disability rights, incorporating changing policy approaches, governmental institutions, and social movement activities.” —Richard K. Scotch, Professor of Sociology, Public Policy, and Political Economy, University of Texas at Dallas “Excellent. . . . A must-read for those interested in social movements and citizen participation.” —Andrea Louise Campbell, Arthur and Ruth Sloan Professor of Political Science, MIT “Compelling.” —David S. Meyer, University of California, Irvine