History and Advocacy

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History and Advocacy

• Professor Daniel J. Abbott

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Amendments 13-15

• The 13th Amendment abolished slavery and
  involuntary servitude.
• The 14th Amendment guaranteed the right to life,
  liberty and property. In addition, it guarantees
  all people the equal protection of the laws.
• The 15th Amendment guaranteed all American
  citizens the right to vote regardless of race,
  color, or previous condition of servitude.

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Civil War and Civil Rights

• In order to subvert and undermine the Civil War
  Amendments, Southern state legislatures began
  passing Black Codes in 1865.
• Congress responded to the Black Codes by quickly
  passing the Civil Rights Act of 1866, which made
  it illegal to discriminate against individuals on
  the basis of prior servitude, race, or color.

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Important Court Decisions

• In the case of Plessy v. Ferguson (1896), the
  Supreme Court declared it was legal to segregate
  individuals and have separate facilities such as
  schools so long as they are equal.
• The Plessy decision ensured that the 14th
  Amendment would not be able to provide all
  Americans equal protection of the laws.

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Important Court Decisions (continued)

• The Supreme Court would not correct its Plessy v.
  Ferguson decision until 1954 in its decision in
  Brown v. Board of Education.
• Advocates of special education point to the Brown
  v. Board of Education decision as the springboard
  for litigation and legislation that provided
  individuals with disabilities equal access to a
  free and appropriate public education.

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Pioneer in Special Education Advocacy

• Two major organizations stand out as pioneers in
  the advocacy for children with disabilities the
  Council for Exceptional Children (CEC) and
  National Association for Retarded Citizens.
• The National Association for Retarded Citizens is
  now simply referred to as (ARC).

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CEC and ARC

• CEC ensured that appropriate legislation was
  passed to provide procedural safeguards for child
  with disabilities.
• ARC played a critical role in bringing lawsuits
  that set important precedents in guaranteeing
  provisions like a Free and Appropriate Education
  (FAPE) for all children regardless of ability.

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The Individuals with Disabilities Education Act
(IDEA)

• In 1975 advocates for students with disabilities
  celebrated because President Ford signed Public
  Law Number 94-142- The Education for all
  Handicapped Children Act into law.
• The Education for all Handicapped Children Act
  was later renamed the IDEA.
• Our country currently operates under the 2004
  rules of the IDEA.

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Questions