Social Justice for Students with Disabilities

SOCIAL JUSTICE AND CIVIL RIGHTS

"Civil rights and disability rights are branches of the same tree. Historically, racism and ableism have been intertwined...."¹ The eugenics movement focused on creating a uniform perfectly able-bodied race powered widespread discrimination, murder, sterilization, segregation, and exclusion of all minority groups including those who were not considered able-bodied and those from ethnic, racial, and religious minorities. These views promoted the Holocaust in Europe. In the United States, the eugenics movement led to forced sterilization and Jim Crow laws targeting African-Americans, institutionalization of people with disabilities, internment of the Japanese, and segregation and discrimination of minority groups based on racial, ethnic, religious, and ability-disability status. The civil rights movement led to the Civil Rights Act (1964) which protected many minority groups but did not include protections for people with disabilities.¹

 

 

Following the Civil Rights Act, people with disabilities continued to be legally excluded from access to public resources, educational institutions, housing, and employment while such exlusion continued despite legal protections for many racial, ethnic, and religious minorities. Disability rights activists and other civil rights activists worked together to support one another in gaining equity of access to college, careers, and all aspects of life. A law was passed in 1973 to provide equity of access to education and services funded with federal assistance for people with disabilities (Section 504 of the Rehabilitation Act), however government agencies refused to implement this law for years. A group of disability activitists, led by Judith Heumann, Ed Roberts, and students with disabilities from UC Berkeley started the longest take over of a federal building in history when they took over the San Francisco Old Federal Building for weeks to call attention to the government's refusal to implement the new law. The disability activists were supported by the Black Panthers, Grey Panthers, United Farm Workers of America, Butterfly Brigade, International Machinists, Glide Church, and the Mission Street Rebels with food, supplies, communication, transportation, and security.^{1, 2} Their activism led the Secretary of the Department of Health, Education, and Welfare to finally introduce regulations to implement Section 504 in 1977 and equity of access to education and federally funded services. Meanwhile, in 1975, the Individuals with Disabilities Education Act (IDEA; originally the Education for All Handicapped Children Act) was passed and required a free and appropriate education for children with disabilities.^1,3

Social justice organizations continued advocacy for civil rights across the nation and landmark legal decisions both fostered and hindered these efforts. These included efforts to create accessibility for buses and other public transportation, protect voting rights for all people, stop institutionalization and forced sterilization, and extend protections to all areas of employment. Justin Dart, Jr., and Yoshiko Dart toured the nation collecting stories (ADA Diaries) from people with disabilities in every state and brought them to Congress. Senator Tom Harkin, who had personal exposure to the barriers his brother experienced when he became deaf, introduced the Americans with Disabilities Act (ADA) which was signed into law in 1990.^3,4   The ADA was ammended in 2008 to broaden access to ADA protections and reduce the burden of proving a disability.⁵ Following decades of civil rights activism, this is a national law that requires broad access for people with disabilities in most aspects of their lives including education, transportation, physical infrastructure, and employment. Despite massive gains, their are constant legal, legislative, and social threats to disability rights and the need for ongoing social justice advocacy for equity continues today. 

STUDENTS WITH LD IN THE CALIFORNIA COMMUNITY COLLEGES

The state of California passed legislation to provide funding to the California Community Colleges (CCCs) for services to students with disabilities (AB 77, Lanterman Act, 1976, and amendment act AB 2670, 1976). This created categorical programs in the CCCs and special funds to help meet the increased costs of providing instruction, accommodations, technology, and other services for students with disabilities. The legislation was implemented by regulations in Title 5 of the California Code of Regulations.⁶ Disabled Students Programs and Services (DSPS) are now available at every CCC in the state. These programs serve students who have been identified as having a disability by their K-12 schools (Individualized Education Plan (IEP) or 504 Plan) or who have a diagnosis from their physician or therapist for a physical, mental health, or developmental disability. 

Eligibility for services based upon a suspected learning disability was determined differently at each of the 100+ colleges. Because learning disabilities are "hidden disabilities," they often go unnoticed for years. School personel may assume that learning challenges are due to second language issues, intellectual ability, motivation, or personal and familial challenges outside of school and, therefore, may not refer struggling students for an evaluation. Students whose parents do not know about learning disabilities, how to advocate for their children, or who have limited time available during school hours may not be able to advocate for an LD evaluation or support services for their children. Access to an evaluation as an adult is an equity issue. Because private evaluations typically cost between $2,000 and $6,000, many students rely on their college in order to get an evaluation and qualify for services. 

From 1982 to 1987, the CCCs worked to develop a model for evaluating learning disabilities in a consistent manner across all colleges to give students equal access regardless of which CCC they attend.⁷  The model continues today with some improvements and adaptations. It was normed on adults in CCCs. The Chancellors Office worked with the University of Kansas and Learning Disabilities Specialists to conduct a study and collect data on students with and without LD at 40 colleges. A diverse group of professionals evaluated the data from different perspectives and worked together to develop the model which was implemented in 1987.⁷  A training program was developed for LD Specialists and ongoing monitoring and research continued to ensure the model worked equitably for all students within the colleges. The model continues today with some improvements and adaptations. The CCC model for evaluating LD has opened up opportunities for access to accommodations and services for students throughout California and has served as a model for other colleges throughout the country.

Students with LD often get access to services for the first time in college. In the California Community Colleges, over 50% of the students with learning disabilities were first identified as adults in college. These students are so committed to working hard to achieve an education that they have persisted through high school and decided to embark on a college education without any access to the accommodations and disability-related services that they need and deserve. At Cabrillo College, during the 2022-2023 academic year, over 10% of students were served by the ASC. Of those, 24% were students with learning disabilities, the largest disability group on campus. It is important to recognize that adult students receiving their first diagnosis and access to services may have never conceptualized themselves as having a disability and are just learning how to use accommodations and services and to talk with their instructors for the first time. This can be an exciting opportunity and yet it can also be challenging and require a period of adjustment. For some students, access to accommodations provides equity of access to new opportunities for coursework, fields of study as well as financial opportunities. 

SELF-ADVOCACY AND SUPPORTED ADVOCACY

The ASC at Cabrillo can help to advocate for students with disabilities to ensure that their rights are respected and their access to accommodations are honored. While in college, many students learn the skills to advocate for themselves. It can be helpful to know the history of the disability rights movement and the importance of equity of access to your education. If you are not getting the accommodations or support you need, it is important to speak up. You can advocate for yourself and the ASC can support you with ideas, skills, or by advocating on your behalf. 

One student's story of self advocacy. Links to an external site.

IF YOU ARE EXPERIENCING BARRIERS OR YOUR RIGHTS ARE VIOLATED 

If you are experiencing disability-related barriers in college, please contact the ASC Links to an external site. so that we can support you in addressing the issue of concern. If you have already done that and you are still experiencing a barrier, let us know so that we can help you to find resources or help you with advocacy. You can also make a request for support from the Director of the ASC Links to an external site., the Dean of ACCESS Links to an external site.who oversees the ASC, or from the Dean of Student Services Links to an external site.. There is a reporting system Links to an external site. to ask for academic assistance and to file a greviance. If you have tried these resources and the issue remains unresolved, you can contact the Office of Civil Rights Links to an external site. to file a complaint. The Student Handbook Links to an external site. is an important resource for knowing your rights and the college's responsibilities. 

 

References:

¹ Vance, Mary Lee (2023). Preface. The intersection of race and disability: History and relevance today. In Vance, M.L. & Thompson, T.L. (Eds.), Laws, Policies, and Processes: Tools for Postsecondary Student Accommodation. AHEAD. 

² Grossman, Paul (multiple years). Presentations at the California Association for Postsecondary Education and Disability (CAPED) Links to an external site.. 

³ Whaley, Barry. (2023). Who are the Heroes? History of the Disability Rights Movement Links to an external site.. Southeast ADA Center.

⁴ Wikipedia. https://en.wikipedia.org/wiki/Yoshiko_Dart Links to an external site.. 

⁵ Americans with Disabilities Act Ammendments Act of 2008 Links to an external site..  

⁶  Title 5 of the California Code of Regulations Links to an external site.. 

⁷ Mellard, D. (1990). The eligibility process: Identifying students with learning disabilities in the California Community Colleges Links to an external site.. Learning Disabilities Focus, 5(2) 75-90. 

 

Resources: 

American's with Disabilities Act of 1990 Links to an external site.. 

Department of Education's Office of Civil Rights Links to an external site.. 

Heumann, J. (2020). Crip Camp: A Disability Revolution. https://judithheumann.com/crip-camp/ Links to an external site. 

Rehabilitation Act of 1973 Links to an external site..

Heumann, J. and Joiner, K. (2020). Being Heumann: An Unrepentant Memoir of a Disability Rights Activist Links to an external site.. Beacon Hill. 

Vance, M.L. and Thompson, T.L., Editors (2023). Laws, Policies, and Processes: Tools for Postsecondary Student Accommodation. AHEAD Links to an external site..