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Class 3 History &

Legislation

Announcements ○ Assignment #1: All About Me due this

Sunday, February 10th by 11:59 PM

○ Quiz #1 open’s Wednesday, February 20th at

10 PM and close Wednesday, February 27th

by 12 PM (Noon) and taken on Blackboard

○ New Disability Culture Plunge Opportunities

can be found on Blackboard

Beyond Awareness Celebration

○ Learn about diversity at its finest along with the students of McMillin Elementary

○ “Speed dating” with a bunch of presenters in the disability community

○ Like a mini GS420 Thursday, February 7th

8 am - 2:30 pm McMillin Elementary School

1201 Santa Cora Avenue, Chula Vista 91913

3

Top Hat ○ As of today, all questions count for points and contribute to your grade

(Total of 30 points)

○ The discussion board is an opportunity to ask constructive questions

pertaining to the course, and not worth any points

○ Any issues, contact Top Hat directly (Information on the syllabus)

Review from last week

Intro to Disability Models & fundamental concepts

Social vs. Medical Model What does it mean?

Intellectual vs. Learning Disability Intellectual disability

● Formerly labeled “mental retardation,” ● “Significantly subaverage general

intellectual functioning, existing concurrently with deficits in adaptive behavior

● Manifested during the developmental period

● Two key components: ○ Person’s IQ ○ Capability to function

independently, usually referred to as adaptive behavior.

www.specialeducationguide.com

Learning disability ● Disorder in 1 or more of the basic

psychological processes involved in understanding or in using language, spoken or written

● “Imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.”

● “Includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.”

● Does not include “a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage.”

www.ldaamerica.org Both definitions taken from the Individuals with Disabilities Education Act (IDEA)

When we say disability, what is included?

○ Deafness ○ Blindness ○ Diabetes ○ Cancer ○ Epilepsy ○ Intellectual disabilities ○ Partial or completely missing

limbs ○ Mobility impairments requiring

the use of a wheelchair ○ Learning disabilities

○ Autism ○ Cerebral palsy ○ HIV infection ○ Multiple sclerosis ○ Muscular dystrophy ○ Major depressive disorder ○ Bipolar disorder ○ Post-traumatic stress disorder ○ Obsessive-compulsive disorder ○ Schizophrenia ○ & the list goes on…

Tonight’s Learning Objectives

○ Describe the historical treatment of people with disabilities ○ Understand the correlation between historical treatment of people

with disabilities and subsequent laws ○ Explain why the ADA of 1990 was so important for the disability rights

movement. ○ Be aware of protections granted by disability legislation in areas of

○ Education ○ Employment ○ Community Living ○ Access in General?

Ancient Greeks and Romans

Perfection Imperfection

Renaissance Europe Dwarf Jesters

○ Typically were people with intellectual and or physical disabilities

○ Lead to artificially stunting children to keep up with demand

○ Developmental disabilities were a source of amusement and entertainment and considered “truth tellers”

The Elizabethan Poor Laws

○ First social welfare legislation,established in England

○ Codified in the 1500’s ○ Provided relief for the aged, sick, and poor, as

well as work for the able-bodied in workhouses.

○ Distributed poor relief by providing work in workhouses

Christianity’s Influence MORE JUDGMENT “Pity, segregation, and exclusion…People with disabilities considered unworthy, evil, or sinful.”

-Kathie Snow

Asylums ● AKA ‘Madhouses’ ● Intended to be a refuge for those

most vulnerable in the population ● Women were often subjected to a

life sentence in asylums ● Conditions were inhumane

Eugenics ○ The idea of improving the human breed through

hereditary measures through common “elements” deemed abnormal

○ Newborn screenings developed to screen for disabilities

○ Forced Sterilization amongst people with disabilities

○ 1921-1964 63,000 people underwent involuntary sterilization in the US

○ Utilized by the Nazi’s

Why Eugenics?

America’s Ugly Laws ○ 19th and 20th century, several

American cities made it illegal for “

unsightly or disgusting” disabilities to

appear in public.

○ Goal was to preserve the quality of life

for the community

○ Was still legal in Chicago until 1974

African Americans with Disabilities

○ Highly discriminated against ○ Case of Sarah Baartman ○ Asylums discriminated and maintained

segregation laws ○ “Black albino” men and women were forced

in Freak Shows ○ Black nurses were hired to work in asylums to

treat “their own”

African Americans with Disabilities continued...

○ Pro-Slavery advocates identified two syndromes distinctive to slaves: ○ Drapetomania, a disease that caused slaves

to runaway. ○ Dysaethesia Aethiopica, known as “rascality”

by slave overseers, caused “hebetude of the mind and obtuse sensibility of the body.” Symptoms included disobedience, insolence, and a refusal to work.

○ Cured through punishments and whippings

Grave Marker with No Name

Disability Legislation

A Brief Summary

1700’s ○ 1798- First Military Disability

Law ○ Act of relief of sick and

disabled seamen ○ 20 cents/month

deduction from the paychecks of other seamen

1800’s- What was happening? ○ “Mental Disorders” began to be classified and

documented ○ Formal Deaf education began at Gallaudet

University ○ First sheltered workshop developed for the blind in

Massachusetts ○ First facility called the Lunatic Asylum for Insane

Convicts in Auburn, NY, was created ○ American Civil War resulted in 30,000 Amputations

in the Union Army alone ○ Pension Laws. Act of July 14, 1862

General Law pension system for Civil War veterans who had sustained war-related disabilities

○ Black Civil War veterans become eligible for federal disability pensions.

Early 1900’s

1907

Eugenics Sterilization Law

Enacted in 24 states forced

sterilization of people with

disabilities

1918

The Soldiers Rehab Act:

Authorized Vocational

Rehabilitation Services for

World War I Veterans

1920

Smith Fess Act:

Expanded rehabilitation

services to civilians

1935

The Social Security Act:

Made the state federal

vocational rehabilitation

programs permanent

1936

The Randolf Shephard Act:

Authorized people who were

blind to operate vending

stands in federal buildings

1939

Wagner O’Day Act:

Required federal government

to purchase designated

products made by people

who were blind

1939

WORLD WAR II:

“Mercy killing” of 75,000-250,000

“sick and disabled” people by

the Nazi’s

1943

Le Barden LaFollette Act

expanded services to include

people with “mental

disabilities”

1963

“Mental Retardation”

Facilities and Community

Mental Health Centers

Construction Act

passed

1964

CIVIL RIGHTS ACT:

Outlawed discrimination based on

race, color, religion, sex or national

origin and eliminated segregation.

(NOTE: DISABILITY NOT INCLUDED)

1970’s ○ 1968- Architectural Barriers Act- ensured

access for federally funded buildings to be accessible

○ Deinstitutionalization ○ Promoted the idea of moving

individuals out of asylums into federally funded mental health centers

○ Societal shift from hiding individuals to treating individuals

○ Catalyst for psychiatric drug industry

Section 504 Extended civil rights

to people with disabilities. Provided opportunities for

employment, educations, and various settings. Allows for

reasonable accomodations in education or employment.

1973 The Rehabilitation Act:

Mandated services for people with disabilities to find employment. Increased funding for rehabilitation and

disability research.

Section 501

Affirmative action in federal hiring

Section 503 prohibits discriminatory

practices in federal employment settings and

affirmative action to recruit, hire, promote and retain

individual

1975 Education for Handicapped

Children Act Guaranteed free,

appropriate education in the least restrictive

environment. Now called Individuals with Disabilities

Education Act or IDEA

1988 Fair Housing Amendment

Act Require that certain number

of housing units be accessible in all new multi-family housing.

Required for both public and private housing options

Lives Worth Living

The Film

1990 The Americans With

Disabilities Act (ADA)

● Most sweeping disability rights legislation in history! ● Civil rights law that prohibits discrimination against

individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. ○ Title I- Employment ○ Title II- Public services, state & local government ○ Title III-Public Accommodations and Services

Operated by Private Entities ○ Title IV- Telecommunications ○ Title V- Miscellaneous Provisions ○ Transportation

Post ADA & 2000’s ○ Amendments were made covering education and access to

employment services ○ More Emphasis on the individual ○ Revision of the definition of disability to broaden the scope of coverage

○ 2014- Workforce Innovation and Opportunities Act (WIOA)- Happening now! ○ Focuses on getting people with disabilities competitive

integrated employment ○ 15% of federal funding to provide pre-employment transition

services to improve outcomes of students ○ Allotment of significant funds (not less than 10%) to support youth

with significant disabilities to obtain integrated employment

Special Education

Special Education ○ Individualized education for children

with disabilities ○ No cost to families ○ Meets the unique needs of the child

with a disability ○ Includes related services in a variety of

educational placements

Educational Legislation Individuals with Disabilities Education Act (IDEA)

○ 1975 - The Education for All Handicapped Children Act, Public Law 94-142 ○ 1990 - IDEA - Individuals with Disabilities Education Act ○ 1997 - IDEA Reauthorized with emphasis on academic outcomes for students ○ 2004 - IDEA Reauthorized with emphasis on “access to the general education

curriculum in the regular classroom, to the maximum extent possible” - Congress

○ Other improvements to educational quality for all students were also emphasized in IDEA’s 2004 Reauthorization

IDEA Disability is a natural part of the human

experience and in no way diminishes the right of

individuals to participate in or contribute to

society. Improving educational results for children

with disabilities is an essential element of our

national policy of ensuring equality of opportunity,

full participation, independent living, and

economic self-sufficiency for individuals with

disabilities.

6 Components of IDEA

1. Zero Reject EVERYONE, if eligible, has access to Free, Appropriate Public Education (FAPE)

2. Assessment Nondiscriminatory and multidisciplinary

3. Due Process Legal rights & procedures

4. Least Restrictive Environment (LRE) Students with disabilities receive their education, to the maximum extent appropriate, with nondisabled peers

5. Parent Participation Family involvement is a requirement

6. Individual Education Program (IEP)

Who Is Eligible for Special Education Services under IDEA?

13 categories of students, ages 3-21, who qualify for special education services based on their disability:

1. Autism 2. Deaf-blindness 3. Deafness 4. Emotional disturbance 5. Hearing impairment 6. Intellectual disability 7. Multiple disabilities 8. Orthopedic impairment 9. Other health impairment

10. Specific learning disability 11. Speech or language impairment

12. Traumatic brain injury or 13. Visual impairment (including blindness)

Full evaluation to determine their disability

Individualized Education Program (IEP)

Written document/contract designed and agreed upon (hopefully) by a team of school personnel, parents, and student (when appropriate)

IEP TEAM: ○ School Administrator ○ Teachers (special ed and general ed) ○ Parents/Guardians ○ Student ○ Other individuals at the request of guardians

IEP Components ○ Student’s current level of performance ○ Statements of annual goals and

short-term objectives ○ Related Services ○ Percent of time in general education ○ Beginning and ending dates for special

education ○ Annual evaluation plan

Least Restrictive Environment

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What was the mindset of humanity that required us to fight so hard for these rights?

Advocacy Organizations ○ National Disability Rights Network (NDRN) ○ Disability Rights California (DRC)

Every state has a “Protection & Advocacy” organization that receives federal and state grants to further their work in protecting rights of people with disabilities.

○ Disability Voices United (DVU) ○ People First - Self-Advocacy ○ Autistic Self-Advocacy Network (ASAN) ○ ARC (Formerly Association for Retarded Citizens) ○ TASH (Formerly The Association for Persons with Severe Handicaps) ○ United Cerebral Palsy (UCP)