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20 Years and Counting: The Americans with Disabilities Act

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The history of mankind is a review of how humanity has managed to develop and create a method of interactive association. In other words, how working together benefits us all. We actually joined together in order to survive in the cruel and dangerous world of pre-history man. We needed support to protect ourselves from predators-mostly other humans. In coming together we found that doing things in concert created a better way of life for all. We as hunter-gatherers delineated chores in a way that benefited everyone. This concept evolved into our modern society.

Historically, society did fill its needs generationally so jobs never went unmet and society kept functioning on a healthy and sustainable and productive level. What was needed was made. As the world became a smaller and smaller place our society became more and more interdependent. We rely on each other and over each other more than ever before. But an issue arose that society had never had never before had to address. What does society do with persons who do not fit society’s mold of what is needed from an individual and what can be given to that individual?

The Spartans in the dawn of civilization murdered their disabled and every empire along the way either marginalized the disabled or continued Spartan eugenics, as in the case of Nazi Germany. The truth is that society had no use for persons who were not able bodied. Those that took more that they gave were seen as an unnecessary burdens on everyone else. Through thousands of years of societal evolution, through religious upheavals, revolutionary thought, enlightenment periods, religious reformations, political discord and scientific breakthroughs, society had managed to retain one of its oldest superstitions: the disabled were to be feared, misunderstood and shut away from society as a whole. Even in mid-20th century America, ignorance and evil abounded. We all remember the horrors that were Willowbrook . Modern society could no longer claim that the attic, shackles and disregard for the visibly or invisibly disabled was a thing of medieval history. Warehoused, ignored and kept away from the rest of society, the treatment of the disabled was modern society’s dirty little secret.

However, 20 years ago this all changed. The Congress of the United States passed the American with Disabilities Act. This law enabled those persons with disabilities the right to be fully fledged members of society and that society as a whole was required to accommodate the disabled in their midst and welcome them into the world at large. I remember when the ADA became law. I remember the hullaballoo. I remember the hand wringing and the dire predictions of the death of American business. I remember the world decrying the interference of government into the mainstream lives of the everyday person. I remember how municipalities decried the fact that they would have to create wheelchair ramps and disability friendly public restrooms.

 You know money is a very important element in life. Without it, there is very little that can be accomplished. It is just a sad fact of life. However, sometimes money is not the end result and the end reason. Sometimes society needs to think beyond the ledger page and recognize that in life there are rights and wrongs. It is what separates us out from the Spartan and yes, from the Nazi too. Why was it that due to some unforeseen money issues that it was thought that it was just fine that a segment of society remain disenfranchised? Why was it thought ok that the disabled should not be able to fully access everything that society had to offer? It is as simple sometimes as a wheelchair ramp to access a sidewalk or a ramp to go to the bathroom. Think how it would curtail your world if you knew that there was no place for you to go if you needed a bathroom? What would that inflict upon you and take from you? Why would some still think that the disabled were not members of society and entitled to be all that they could be just like able bodied and neurotypical persons? I remember very vividly the arguments in the papers and among the pundits, and I think those that stood against this bill should rightly feel shame.

I know that it amazes us today that this was even an issue. In our world the disabled are in every walk of life, it is hard to fathom that people were once so against inclusion. But

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jmb477 5 pts

What a wonderful moment you shared with that grandmother...

jmb477 5 pts

As a special education teacher and ABA consultant for over 10 years, I thank you for sharing the personal stories of your family.

For the first time, I am sitting on the other side of the table. My niece was recently diagnosed with ADHD. With my 10+ years of experience, Masters Degree and what I consider a strong knowledge of special education law and advocacy.... I CANNOT OBTAIN THE SERVICES MY NIECE IS ENTITLED TO.

It is beyond frustrating to ask for accommodations which are simple, cost free, and what I consider to be "best teaching practices" (a newer term for me, as for the duration of my career..those practices would be considered...TEACHING). What I ask for should NEVER be considered a special accommodation!
*Do I really need to fight for preferential seating? Isn't it obvious to the teacher which students should sit together?
* Do I really need a legal document to ensure the teacher says, "this is important information" while lecturing....in order to help her focus?
*That 3 or more failing test grades (in a row) should result in some sort of communication with the principal and/or her family?
*Should I have to ask the teachers to not engage in verbal battles with her and to just ignore/consequence as necessary (leave, take a break, go to principal or guidance).
*Do I need to call a meeting because her teacher told her to "shut up" in front of her entire class?
(I could list many, many more)

These last two years have been a real eye opener for me. I cannot believe the level of resistance we have found by her teachers...my "colleagues" to DO THEIR JOB!

The majority of advice I have benefited the most from? Parents like you, who share their stories and provide advice. I may "know" special education law and "talk the talk", however real life situations are what we (the education community as a whole) can really learn and grow from.

When we began this process I wondered... what would this battle look like without an Auntie Jaime? How do families without a special educator in the family go through this process alone? You, the families, have found the answer which is to keep sharing information with each other.

Finally, it may not seem this way, but there are educators who are right there advocating with you! Who fight daily to ensure students' rights are protected and truly want what is best for your family and not the school budget.

Thank you!

Jaime