SELECTIVE TIMELINE OF THE HISTORY OF DISABILITY RIGHTS
A great deal of change has occurred within the last 40 years with regard to people with disabilities, and “some of the factors influencing the success are the nature and severity of the disabilities, accommodations available in society, and attitudes toward the disabled” (25).
What follows is a selective timeline of the disability rights movement and how key pieces of legislation broke down the barriers of society in order to allow all individuals the right to education, accommodations, and freedom (26,27).1964: Civil Rights Act passed outlawing discrimination on the basis of race in public accommodations and employment, as well as in federally assisisted programs. This law became the model for subsequent disability rights laws.
1965: Autism Society of America is founded by parents of children with autism in response to the lack of services. Parents found their children were being discriminated against by the medical “experts” who believed autism was the result of poor parenting as opposed to a neurological disability.
1968: The Architectural Barrier Act was passed, mandating that federally constructed buildings and facilities be accessible to people with physical disabilities. This act is generally considered to be the first ever federal disability legislative law.
1970: The Physically Disabled Students Program (PDSP) was founded by Ed Roberts, John Hessler, Hale Zukas, and others at the University of California in Berkley. With its provisions for community living, political advocacy, and personal assisted services, it became the nucleus for the first Center for Independent Living, founded two years later.
1973: Passage of the Rehabilitation Act of 1973 marked the greatest achievement of the disability rights movement. In particular, Title V and especially Section 504, with the first line confronting discrimination against people with disabilities.
Litigation arising out of Section 504 generated such concepts as “reasonable modification,” “reasonable accommodations,” and “undue burden.” This act became the framework for federal law (ie, Americans with Disability Act of 1990).The Education for All Handicapped Children Act (Pub. Law 94-142) was passed establishing the rights for children with disabilities, including a public education in an integrated environment. The act is a cornerstone of federal disability legislation. Over the next 20 years, millions of children with disabilities were educated under its provisions, radically changing the lives of people in the disability community.
1975: The first Parent and Training Information Center is founded to help parents of disabled children exercise their rights under the Education for Handicapped Children Act of 1975.
1976: Passage of an amendment to the Higher Education Act of 1972 to provide services to physically disabled students entering college.
1980-1983: The parents of “Baby Doe” in Bloomington, Indiana, are advised by their physicians to forego a surgical procedure to unblock the baby's esophagus due to the fact that the baby had Down's syndrome. “Baby Doe” starved to death before legal action could be taken. However, this case prompted the Reagan administration to issue legislation calling for “Baby Doe squads” to safeguard the civil rights of newborns.
1984: The “Baby Jane Doe” case, like the previous baby in Bloomington, Indiana, involved an infant being denied medical care because of the infant's disability. This case resulted in litigation argued before the U.S. Supreme Court in Bowen u. American Hospital Association and, in turn, led to the passage of The Child Abuse Prevention and Treatment Act Amendments of 1984.
The U.S. Supreme Court rules in Irving Independent School District v. Tatro that those school districts are required under the Education for All Handicapped Children Act of 1975 to allow a school nurse or an aide to perform intermittent catheterization as a “related service to a disabled student.” School districts can no longer refuse to educate a disabled child because they might need such a service.
1985: The U.S. Supreme Court rules in Burlington School Committee v. Department of Education that public schools must pay expenses of disabled children enrolled in private programs during litigation under the Education for All Handicapped Children Act of 1975 if the court rules such placement is needed for the child to receive education in the least restrictive environment.
1988: The U.S. Supreme Court in Honing v. Doe affirms the “stay-put rule” established under the Education for All Handicapped Children Act of 1975, under which school authorities cannot expel, suspend, or otherwise move disabled children from the setting agreed upon in the child's Individual Education Program (IEP) without a due-process hearing.
The National Parent Network on Disabilities was established as an umbrella organization for the Parent and Training Information Centers.
1990-present: The Americans with Disabilities Act is signed by President George H.W. Bush and witnessed by thousands of disability rights activists. The law is the most sweeping disability rights legislation in United States history, giving people with disabilities full legal privileges. This law mandates that local, state, and federal programs become accessible; that businesses with more than 15 employees make “reasonable accommodations” for disabled workers; and that public areas such as restaurants and stores make “reasonable modifications” to ensure access for all disabled citizens. Finally, this act also mandated access to public transportation and communication.
The Education for All Handicapped Children Act is amended and renamed the Individuals with Disabilities Act (IDEA).
The final federal appeals court ruling in Holland v. Sacramento City Unified School District affirms the right of disabled children to attend public school classes with nondisabled children. The ruling is a major victory in the ongoing effort to ensure enforcement of the IDEA.
PEARLS AND PERILS
■ Start where the family is.
Allow them time and space to integrate the diagnosis or situation.■ Look to the family's strengths. Allow them to show you what works well.
■ Never say “I know how you feel.” Each individual experience is different.
■ Set limits and be consistent. Families need to know that someone is in charge and is an expert. They rely on that when they are confused or overwhelmed.
■ There is nothing that kindness and compassion can't help. Even in the worst situation, a family will appreciate it if kindness was demonstrated to their child.
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