LSJ/CHID 332 Spring 2008 Session 9 Disability Advocacy LSJ/CHID 332 Spring 2008 Session 9

Things to think about… Our understanding of disability governs and informs our approach to policy decisions. The link between exercise of power and societal beliefs. Civil rights movement for disabled people is attempting to change the power dynamics. Development of civil rights for disabled people is the result of on-going activities of advocates, legislatures, courts.

Advocacy in the Community Parents improve institutional settings, educational opportunities and health care Disabled students (Independent Living Movement) and access to education Disabled Veterans and employment Self-advocates and inclusion Artist in film, theatre, print, and visual arts Journalists and academics

Advocacy in the Legislature Washington State Developmental Disabilities Council Focus (2006-11) Employment and Transition Services Housing Availability Family Support Services – allow greater flexibility Community Supports—improve inclusion; educate community through media Developing Self-Advocacy Skills among young people Quality Assurance—to ensure freedom from abuse, neglect and sexual/financial exploitation.

Advocacy in the Courts Courts will only hear a case or controversy that is brought forward. Courts are limited to the facts before it. Courts’ role is to decide questions of fact, review legislative or executive actions, or determine constitutional questions. Enforcement of the decision is a separate issue from ruling on the merits of the case.

Mills v. Bd of Education of D.C. (D.D.C. 1972) Disabled children (class action) sued DC public schools for violating their statutory and constitutional rights to education. DC admits that it failed in it’s “affirmative duty” to provide children with public education and agreed in 1971 to do so, but did not. Court ruled that the school district violated children’s constitutional and statutory rights under federal and DC law and order the school (under consent decree) to implement extensive changes. Violations based on two findings: Schools did not follow their own rules and procedures Denial of Constitutional rights to Equal Protection and Due Process (14th Amendment) DC agreed under court order to implement extensive due process protections – these became basis for EAHCA (now IDEA) in 1975. Mills is example of how community advocacy (parents) and judicial advocacy (this consent decree) led to legislative advocacy (passage of EAHCA/IDEA by Congress) and resulted in major change in the inclusion of disabled individuals in US society.

When Billy Broke His Head Compare and contrast this film with Fear of Bees (Hockenberry) and The Mountain (Clare). Identify the scenes that reflect the medical, moral and the social model.