Disability Rights And Religious Liberty In Education

The Unteachables

How special education used disability labels to marginalize Black students in public schools The Unteachables examines the overrepresentation of Black students in special education over the course of the twentieth century. As African American children integrated predominantly white schools, many were disproportionately labeled educable mentally retarded (EMR), learning disabled (LD), and emotionally behavioral disordered (EBD). Keith A. Mayes charts the evolution of disability categories and how these labels kept Black learners segregated in American classrooms. The civil rights and the educational disability rights movements, Mayes shows, have both collaborated and worked at cross-purposes since the beginning of school desegregation. Disability rights advocates built upon the opportunity provided by the civil rights movement to make claims about student invisibility at the level of intellectual and cognitive disabilities. Although special education ostensibly included children from all racial groups, educational disability rights advocates focused on the needs of white disabled students, while school systems used disability discourses to malign and marginalize Black students. From the 1940s to the present, social science researchers, policymakers, school administrators, and teachers have each contributed to the overrepresentation of Black students in special education. Excavating the deep-seated racism embedded in both the public school system and public policy, The Unteachables explores the discriminatory labeling of Black students, and how it indelibly contributed to special education disproportionality, to student discipline and push-out practices, and to the school-to-prison pipeline effect.

Disability Rights and Religious Liberty in Education

In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.

Religious Liberty