Who Needs Special Education

Historical Perspective of Disability Laws and Litigation

Historically, the attitudes regarding special education students, commonly known as individuals with learning disabilities, were prejudiced, and this resulted in disabled individuals experiencing discrimination. In other words, individuals with learning disabilities have been ostracized, rejected, and discriminated against in many societies (Artiles, pp. 260-268).

Special education students encountered many forms of discrimination in the past because of their learning disabilities. However, the Civil Rights movement brought a vast number of changes based on the premise that individuals are created equal, which means special education students deserve fair treatment as any other individuals within the educational sector. "The Civil Rights Act, however, did not directly protect people with learning disabilities but prohibited discrimination based on race, religion, and national origin".

In 1954, the U.S. Supreme Court ruled on a case, Brown v. the Board of Education, which opened the doors for educational reform in the United States and led to the Civil Rights movement. The Civil Rights Act of 1964 further enabled individuals who experienced discrimination to express the right to be treated as equals. Because of the Civil Rights movement, laws were passed to protect special education students, including such laws as the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973. The implementation of these laws paved a path to assist high school senior special education students with learning disabilities to transition from high school to higher education. These laws provided an opportunity for "individuals with learning disabilities with civil rights protection against discrimination in Federal programs" (Booth, pp 47-112).

Legal roots developed during the Civil Rights era recognized and acknowledged the ADA. The ADA provided that discrimination in public places should not be allowed and equal employment must be ensured for all regardless of their disability. It also provided the support for Title II and Title VII within the ADA.

The ADA is a civil rights law that does not allow discrimination solely on the basis of an individual's disability in employment, public services, and accommodations, regardless of the individual's need (K. Henderson, 2000). The purpose of the ADA was to ensure civil rights for all individuals with disabilities. The ADA provided protection for any individual, regardless of age, race, or religion, who has a physical or mental impairment. Other impairments that were outlined within the ADA were "communicable disease; health conditions such as diabetes and arthritis; and severe asthma or allergies; mental health or behavioral needs; attention deficit disorder; and other physical disabilities" (Frederickson, pp. 63-154).

The ADA provided coverage for special education students with learning disabilities who were ineligible for a regular classroom instructor. Classroom instruction is available to all students, and if the student is a special education student, appropriate academic accommodations and academic services need to be put in place with the appropriate academic support and protection of the ADA law.

The current implementation of IDEA entitles all students who have learning disabilities to have the same education as individuals without learning ...