Access for disabled remains elusive

By Julianne Malveaux

A Supreme Court decision on Monday seems to make equal education harder to obtain for special needs students. In Schaffer v. Weast, the court ruled that parents have the burden of proving that the school system does not provide a free, appropriate education for their special needs child. This case reminds us how far we have come, and how much more work must be done, to secure equal rights for the 54 million disabled citizens in the USA.

The Individuals with Disabilities Education Improvement Act (IDEA) mandates equal educational opportunities for disabled kids. It requires public schools to provide education for special needs students, a disproportionate number of whom are African-American and Latino. If the court's ruling allows school districts to pare special education budgets, and protects them from challenges, these kids will lose in the long run.

Adults with disabilities are less likely than those without disabilities to have finished high school or college. They are less likely to find employment and more likely to live in poverty. According to a 2004 survey by the National Organization on Disability, people with disabilities report a lower level of life satisfaction (34%) than those without (61%).

Even so, laws such as IDEA and the Americans with Disabilities Act (ADA) have opened doors that were closed in the past. We have come a long way from the days when disabled people had to block city buses with their wheelchairs to protest their lack of access.

But we still have a long way to go. Nancy Starnes, of the National Organization on Disability, says, "People know what the law requires, but they don't often implement it." That's why the Justice Department maintains Project Civic Access, to nudge cities toward compliance with ADA laws. In July, more than 20 municipalities completed agreements to improve access. Many cities have yet to make public transportation and accommodations fully accessible. Now a bill before Congress would slow implementation by requiring a 90-day notification before businesses are held liable for not meeting ADA standards.

All too often, costs, convenience and aesthetics are cited as excuses for not making transportation and accommodations more accessible. Yet these excuses would be woefully unacceptable if we were dealing with other segments of the population.

Even as we acknowledge the tremendous impact that laws such as IDEA and ADA have had, we must acknowledge persistent gaps between those who are disabled and the rest of us. Disability rights are civil rights, and they must be guaranteed.

Julianne Malveaux teaches a class on diversity at Bennett College for Women in Greensboro, N.C.