Controversies in Disability Support

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The level of support available for people with disabilities differs widely around the world, and disability services provided by the government are often extremely controversial. Periodically, cases come up in Europe where some person with disabilities (so far, always a man) applies to have the government pay for a prostitute so that sexual needs can be met, and such cases predictably provoke a great deal of debate. An Ontario court recently ruled that severe alcoholism is a disability. This means that severe alcoholics, rather than being treated as though their alcoholism could be overcome with a little willpower, will be granted full disability payments in Canada. Some feel this is a victory for a legitimate medical problem; others feel that classifying alcoholism as a disability removes incentives for alcoholics to fight for greater functionality. Even those who agree that alcoholism can be a serious medical condition concede that it’s acquired by consistently abusing alcohol voluntarily over a long period of time. Some think anyone who felt alcoholism was their best available life choice deserved better opportunities than they had.

Four negotiations are central to almost all debates about disability services. First, what should be counted as a disability, and why; second, what people who have disabilities are really capable of; third, how society should deal with disabilities that people, to some degree or another, have created for themselves; and fourth, what things a human being really needs and/or should have a right to. All of these can be seen in the debate about alcoholism, and there are plenty of other examples as well. For instance, people who are extremely obese often receive extremely poor treatment at the hands of airline companies in the US. There’s no agreed upon set of standards about what to do with customers who don’t fit in those tiny seats, but although some are literally un-able to fly without some extra accommodation, there’s a great deal of resistance to applying the term “disabled” because–despite evidence that obesity is at least as genetic as heart disease–obese people are seen to have brought their condition on themselves.

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Disability Support in U.S. Education

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If you or your child has a disability, you’re probably concerned about getting the support services you need. The distribution of these services in U.S. public schools is governed by the Individuals with Disabilities Education Act, commonly called IDEA. The IDEA delineates 13 disability categories, including “multiple disabilities” and “other health impairments.” If a student has a disability that falls into one of these thirteen categories, and that disability “aversely affects” the student’s performance, the student can receive support. Here’s a summary of what disabled students have a legal right to.

Students with disabilities are entitled to a “free, appropriate public education (FAPE), individually tailored to meet his or her unique needs.” That means that if the school district has no appropriate programs in place to meet the needs of a student, it is their responsibility to create them. Students with disabilities have a right to be placed in the least restrictive environment that would be appropriate. The district has an obligation to provide a range of possible placements, including summer school or private school if that’s what’s necessary for an appropriate education.

The IDEA specifies that under schools are required to provide students with disabilities with “related services” to make sure the student has the opportunity to “achieve satisfactorily” in a regular classroom setting, or to benefit from special education. Related services can include things like a sign language interpreter, counseling services, transportation, art therapy, or a one to one instructional aide. There are also a lot of other possible related services.

Students with disabilities also have other rights. One is the right to assistive technology. Assisitve technology is basically technology that’s used to maintain or improve the functional capabilities of a child with a disability. They have the right to transition services, to help acclimate to the world of work after school. They the right to due process, which means the right to be evaluated, and to have an appropriate process whenever changes are made to their individual educational plan. Lastly, the IDEA has a section on the rights of students with disabilities in disciplinary proceedings.

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On the Medicalization of Everything

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Society has finally come to consensus that people who are disabled deserve equal opportunities, as well as they can be provided. This is a victory to be celebrated. Society has not come to a consensus at all about what constitutes a disability, and this remains a topic of substantial debate.

Since this first point, that all people should be given opportunities to flourish, if possible, was hard won, disability rights advocates often make the point that everyone needs help sometimes. The vast majority of the human race will, at some point, find themselves temporarily disabled by sickness or age, and it makes sense to accept that helping each other when we need it is best. From this standpoint, there’s a drive towards the normalization of disability. From this perspective, the fact that mass numbers of kids who would have been considered energetic or rowdy a generation ago are now labeled ADHD is not entirely bad. On a practical level, the implications of that label must be considered for each child. However, on a societal level, understanding that all of us have strengths and weaknesses, and that we deserve help, isn’t bad.

The other side to the debate that says medicalizing quirks and individual differences is resulting in a vastly over-medicated generation. There are many stories about the failures of special education. These include many cases of children with learning disabilities who never learn to read and write properly, because they’ve come to use their accommodations–support services that they needed in order to stay on grade level content–as crutches. Others are concerned that giving everyone a label for the things they need help with waters down the concept of disability, and trivializes the serious trials that people with “real” disabilities face. Additionally, the drugs given for these widely diagnosed attention issues don’t just help ADHD kids focus. They help anyone focus. Because of this, in the intensely competitive atmosphere of college prep, there’s a thriving black market for the drugs. In the face of such complications, disability rights have a long way to go.

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Fighting Disability Discrimination

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Discrimination is often born of ignorance, rather than malice. Given the fast pace of the economy these days, most bosses, teachers, and administrators simply aren’t aware of modern techniques for managing a given condition. Because of this, they are usually oblivious to the realities–both in terms of limitation and capability–that their students and employees with disabilities face. Advocating for the rights of people with disabilities in general usually means two types of action; legal work, and work to educate the public in the areas where they are misinformed. Legal work can take the form of helping shape laws or ordinances, or it can mean working on specific court cases that could form important precedent in the future.

Fighting discrimination against your own disability–and against yourself–is a different, though often overlapping, battle. Just as advocacy organizations will host events or start programs to educate large numbers of people, you have the opportunity to educate the people around you. Just as advocacy organizations will fight legal battles for the sake of future generations of people with disabilities, you may need to fight legal battles for yourself.

If you do feel that you’re the victim of discrimination, your first step is to do research, and your second step is to communicate. Know the ADA, and be aware of what the legal precedent is regarding people in your particular situation. Make sure you have an accurate handle on your own capabilities. Make sure your teacher or supervisor knows what your concerns are, and why you are asking for the accommodations you’re asking for. Gently educate the people around you so that they understand why your requests are reasonable; make friends, and give them every chance to take your side. Document every instance when you meet with resistance or discrimination; if you do ever have to go to court, these records will be invaluable.

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