The civil rights model is used to describe the current paradigm in United
States special education policy. This theoretical paradigm has
institutional implications that raise questions about what is in the best
interest of the child. By tracking the evolution of the paradigm through a
review of the history of disability and the disability movement, it is
evident that the civil rights paradigm has become the crux of federal
policymaking with regard to disabled citizens.
In addition to
considering the practical side of policy and implementation, this report
reflects on the theoretical traditions that are at the heart of equal
opportunity policies. The conflicts and inconsistencies that exist on a
theoretical level may impede policy solutions to equal opportunity on a
practical level.
After establishing the institutionalization of the
civil rights paradigm at the federal level through illustrating that, after
years of refinement, the language and objectives of the Individuals with
Disabilities Education Act (IDEA) remains founded in the civil rights
tradition, this study reviews the realities of the federal legislation at
the state level. The reality of the legislation is that it fails to
protect the rights of children as dictated by operating principles of IDEA.
The gap in implementation raises questions about the usefulness of the
civil rights paradigm and, more importantly, about using a strict civil
rights framework to achieve equal opportunity.
The disability movement
with respect to special education has always been on the fringe of
abandonment. The demands are costly, and consensus rarely exists with
respect to resource allocation. However, the disability movement is also
a minority group that cuts across every possible language, ethnic and
socioeconomic class, which opens doors for a diverse, strong advocay.
Though a civil rights paradigm is not sufficient in addressing the
inequities of special education, it is a step toward a more pluralistic
society. At the same time, a pluralistic framework that accounts for
cultural and attitudinal policies that encourage and applaud diversity is
imperative for the success of special education.
