Smith
Smith
Smith
ABSTRACT
T he 50th anniversary of the Brown v. Board of Education Many Americans view public school education as a great
decision provides a critical opportunity to reflect on Brown’s impor- equalizer. Through education, upward mobility and the pur-
tance, impact, and the lessons it provides on achieving racial
suit of the American dream were felt to be possible for Black
desegregation and its relationship to the progressive inclusion
of students with disabilities into public schools across the United Americans. The logic was that by desegregating the schools,
States. This article explores the parallels and intersections between the future generations of Americans who would attend inte-
the racial desegregation of America’s public schools and the grated schools would achieve equity and erase the color line.
inclusion of students with disabilities in these schools. The first step was to create proximity between Blacks and
Whites and to allow Black children access to the privileged
education formerly available only to Whites. Lawyers and
activists recruited plaintiffs, cultivated local school support,
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segregating states were lax about providing equal facilities to the highest levels of the state university system, including
(Carter, 2004). the graduate and professional schools. Their approach was to
Similarly, people with disabilities have been subjected litigate a series of test cases to challenge the constitutional
to prejudice, discrimination, and segregation in the United validity of racial discrimination in American society, which
States and throughout the world. Bogdan and Biklen (1976) they felt could no longer be ignored or denied. In 1952, sev-
defined handicapism as (a) a theory and set of practices that enteen states still had legally segregated schools. Segregation
promote unequal and unjust treatment of people because of encompassed far more than the “separate but equal” doctrine
apparent or assumed physical or mental disabilities; (b) a and petty apartheid reflected in “Whites Only” or “Colored
concept similar to racism and sexism. Handicapism is more Only” signs (Reed, 2004). Segregation was a system of state-
than just personal ignorance and prejudice; it is entrenched in sponsored and state-enforced racial domination about who
society at every level and in every institution (Bogdan & had the rights and protections of citizenship and who did not
Biklen, 1976). Smith (2001) noted that (a) disability labels (Reed, 2004). Segregation was not just the mandatory sepa-
are not benign; (b) some disability labels carry greater stigma ration of the “races” in schools, “but instead was a total struc-
than other labels; and (c) the degree or level of involvement ture of domination across major societal institutions . . . that
of disability is a cofactor in stigmatization and segregation. reflected the robustness of the White supremacist social
The lives of individuals with disabilities have a range of order, and its manifestation in the structure” (Hilliard, 2004).
opportunities that are limited less by their disabilities than by Segregation installed and maintained a pattern of social rela-
societal attitudes and by the way that people view others tions rooted in class, economic, and power dynamics
(Gartner & Lipsky, 1999). Barton (1999) defined disability as anchored by the ideology of White supremacy (Reed, 2004).
“a form of oppression,” noting that “the fundamental issue is The NAACP’s leadership decided to wage a strategic
not one of an individual’s inabilities or limitations, but rather battle against segregationist policies by focusing on schools.
a hostile and unadaptive society.” Consider the attitudes, val- In fact, Brown v. Board of Education (1954) was composed of
ues, and beliefs about students with disabilities and school four cases from the states of Kansas, South Carolina,
inclusion expressed in a New York Times Magazine article: Virginia, and Delaware. By deciding to bring these cases
together to the Supreme Court, the plaintiffs were able to
On children’s television, the kid in the wheelchair develop a powerful case that equal protection under the law,
has become a kind of mascot, beloved by all his the key phrase of the 14th Amendment, was not possible
gang. But imagine a real-life classroom where all when schools were segregated.
of the children are nondisabled except the one
who drools uncontrollably, who hears voices or
who can’t read a simple sentence when everyone Brown v. Board of Education
else can. Diversity is a noble ideal. But many dis- On May 17, 1954, a unanimous Supreme Court invalidated
abled children would be marginalized and ridi- state laws requiring or permitting racial segregation in public
culed in the mainstream. . . . Special education primary and secondary schools. Chief Justice Earl Warren
was never intended as a permanent place except read aloud the Brown v. Board of Education decision that
for the most profoundly handicapped students. . . . racial segregation violated the equal protection clause of the
But the central goal was always to educate chil- 14th Amendment, stating, “We conclude that in the field of
dren who had traditionally been viewed as inedu- public education, the doctrine of separate but equal has no
cable. (Staples, 1999) place. Separate educational facilities are inherently unequal.”
Some have maintained that the 1954 Brown v. Board of Edu-
cation Supreme Court decision is the most important judicial
ADVOCACY AND ACTIVISM ruling in the history of our democracy (Carter, 2004; Wu,
2004). The decision is the high-water mark of the civil rights
Advocates and activists have been instrumental in the quest movement that used a hard-edged litigation strategy paired
for equity in America’s schools. Their collective, organized with a 20-year-long organizing effort (Sullivan, 2004). Brown
efforts have produced both racial desegregation and the inclu- is a tangible sign that courts can right fundamental wrongs in
sion of students with disabilities in public schools. the struggle for racial justice. It provided the momentum for
the civil rights movement that led to the end of officially and
explicitly sanctioned racial segregation. Conversely, the Brown
The NAACP backlash also mobilized White segregationists to oppose
The NAACP was founded in 1909 by a multiracial group of Blacks’ efforts for equality with radically increased vigor as
activists, who answered the call to renew the struggle for civil Black southerners petitioned for school integration, boy-
and political rights (NAACP, 2004). The NAACP sought to cotted segregated municipal buses, and attempted to desegre-
eliminate segregation in public education from primary school gate all-White public universities.
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LITIGATION, LEGISLATION, AND provisions with a red, white, and blue stars-and-stripes cover
with the “separate education is inherently unequal” language
IMPLEMENTATION from the Brown v. Board of Education decision prominently
In the decade following the passage of IDEA, data collected displayed on the cover (Taylor, Biklen, Lehr, & Searle, 1987).
by the U.S. Department of Education indicated (a) consistent Advocates established a conceptual foundation for LRE and
reliance on segregated facilities for the educational placement inclusion that was grounded in principles of social justice and
of students with disabilities and (b) great variability in place- equity. Hardman (1987) argued that the last bastion of sanc-
ment patterns across individual states (U.S. Department of tioned segregation in the United States is the segregation of
Education, 1989). These findings led the federal government people with disabilities in the educational system and noted
to question whether factors other than the type and severity of that integration is not a goal; it is a means to achieve the goal
disability contributed to school placement decisions. In other of social participation and acceptance. In fact, Hardman
words, why were some states much more successful than argued that we bus to segregate students with disabilities.
others in providing special education and related services in Principles of effective racial desegregation (see Appendix)
integrated school settings? While raising these difficult ques- were disseminated by the National LRE Network to serve as
tions, the report also suggested that “attributing meaning to a blueprint for systems change in the movement of students
the degree of variability across states may be more a matter with disabilities from segregated schools to integrated school
of values than empirical analysis” (U.S. Department of Edu- campuses (Hardman, 1987).
cation, 1989, p. 29).
Gilhool (1989) argued that the LRE provision of this law
constitutes an “integration imperative,” and that Congress THE STRUGGLE FOR EQUITY CONTINUES
recognized that effective schooling would not be found in the
segregation of students with disabilities because (a) all chil- The Brown decision addressed two main issues—the physical
dren learn from modeling the behavior of other children, segregation of schools and the financial inequities in school
(b) children must attend school together if students with dis- funding (Hilliard, 2004). The financial inequities continue to
abilities are to lead a decent life in the community as adults, this day. Consider that the U.S. Government Accounting
and (c) parental and community supervision of schools would Office reported that 80% of our nation’s urban schools are
ensure equitable resource distribution and greater protection funded at a lower rate than their suburban counterparts, in
for all students if children with disabilities were educated spite of the recent influx of state funds to shore up failing
with their typical peers (Smith, 1997). In spite of professional urban school systems. The lack of equitable funding over an
developments and the clear preference of Congress, courts extended period of time has led to increased class sizes, lack
are increasingly refining LRE doctrine (Brady, McDougall, & of sufficient books and materials, shortages of certified teach-
Dennis, 1989). ers, and the deterioration of school buildings (Kozol, 1991).
In 1986, the Office of Special Education and Rehabili- The magnitude of these problems should be of grave concern
tative Services (OSERS) proposed the Regular Education given that urban schools represent 4% of American school
Initiative (Will, 1986), encouraging special and general edu- districts but serve more than 44% of our nation’s students
cation to form a partnership to serve students with special (Federal Register, 1997). The very nature of our system for
needs in general education classrooms. The Office of Special funding schools has disadvantaged urban school systems
Education Programs (OSEP) recognized that building the since the Great Depression (Anyon, 2001). Sullivan (2004)
capacity of local schools to serve all students could be con- lamented the current status of educational opportunity for a
ceptualized either as an issue of the LRE provisions of the significant proportion of Black children because it mirrors the
law or as an issue of implementing best practice (Bellamy, pre-Brown era due to the lack of essential resources. Nowhere
1987). OSEP employs both focused-monitoring formula grants is the need for this broadening of cultural perspective more
and discretionary research-to-practice grants programs. The apparent than in the hallways and classrooms of our nations’
Regular Education Initiative (REI) launched several LRE ini- urban schools (Fine, 1994).
tiatives, including (a) the National LRE Network; (b) the Cal-
ifornia Research Institute on the Integration of Students with
Severe Disabilities; and (c) the Statewide Systems Change SEGREGATION BY RACE AND DISABILITY
Projects for Students with Severe Disabilities.
Whereas the movement to desegregate schools racially Racial Desegregation
and the movement to integrate students with disabilities have The Harvard Civil Rights Project has argued that 50 years
operated in parallel universes, activists for the desegregation after Brown, schools are as segregated as ever. Orfield and
of schools for students with disabilities have capitalized on Lee (2004) contended that in many districts where court-
the arguments and strategies used for racial desegregation. ordered desegregation ended over the past decade, schools
The National Federation for Families of Children with Spe- have experienced a major increase in segregation. In three of
cial Needs issued a parent training document concerning LRE four cases, a long-term trend reversing desegregation has
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LeRoy and Kulik (2004) used qualitative methods in that require both a whole new resolve and the resources to
interviews and focus groups with minority and low-income provide truly equal opportunities to learn. Artiles (2000) ar-
families that corroborated the quantitative findings and re- gued that special education in the context of the larger cul-
vealed that (a) parents felt that schools were unwelcoming tural and political process of education reform needs to
institutions for their children with disabilities, and following examine underlying values, views of competence, and current
several disheartening years of conflict with the schools, they reform goals that may increase the likelihood that poor and
often disengaged from any further interactions as a form of minority students will be further disadvantaged. Special edu-
self-preservation; (b) parents were suspicious of school per- cation reforms have focused on access and equity, but they
sonnel and the school culture, and they believed that schools have not adequately addressed the complex issues of exclu-
intentionally withheld information about their services and sion and discrimination at individual or institutional levels,
programs; (c) parents were well aware of the deleterious nor have they addressed the disability rights movement (Rivzi
effects of the schooling process on their children, recognizing & Lingard, 1996). If these often disconnected conversations
that the justice system was often the most probable outcome can be joined, they have the potential to create a coherent
for their children with mild mental or emotional impairments; vision for transforming the current education system so that
and (d) parents indicated that they sought other avenues and the social and educational inequities that currently exist for
networks as support systems for their children. students of differing abilities, ethnicities, religions, experi-
Disproportionality is manifested not only in who is placed ences, and wealth are no longer present.
into special education, but, once in special education, in who
has access to general education environments and curricu-
Social Dynamics
lum. An important interpretation of these data was offered by
Delpit (1995, 1999). She suggested that at least some of the of Institutionalized Segregation
school difficulties experienced by children of color are prod- Brantlinger (2001) argued that social hierarchies establish
ucts of miscommunication, societal imbalances of power, and and maintain power by keeping subordinates in their desig-
the dynamics of inequality in our educational systems. These nated places, and that domination is achieved through other-
miscommunications lead teachers to misinterpretations of ing. Understanding the concept of othering helps to explain
academic and social performance and subsequent referrals to how the marginalization of students occurs when they are
special education. Brantlinger (2001) observed that “an as- sorted out and labeled. A persistent theme used to justify
sumption underpinning disability classification is that special placement in segregated educational settings involves the
education service has a positive influence on subsequent repetitive and onerous characteristics of students who pre-
school or post-school careers of students” (p. 4), despite effi- sent dangers to themselves or others. According to Grant and
cacy studies that do not substantiate this claim (e.g., Dunn, Ladson-Billings (1997), positionality is another feature that
1968; Reynolds & Wolfe, 1999). As teachers confront behav- permeates social groups and is a way of describing an indi-
ior that disturbs them or the order in their classrooms, they vidual’s social identity. “Positionality is both sturdy, or sta-
are likely to seek special education services. Furthermore, as ble, and fluid, subject to the social contexts through which an
Smith (2001) noted, issues of ethics, power, and privilege individual moves. Positionality is always reflective of societal
play an important role in the determination of “disability” as power arrangements” (Grant & Ladson-Billings, 1997, p. 216),
children are sorted and classified in our schools. That is, in with both societal structures and the varieties of specific con-
the act of referral, some kinds of academic or social skills are texts always in play. The dynamics of othering and position-
privileged or preferred over others, although neither may ality help to explain the complex dance that occurs as people
stem from a deficit. organize their rhythms and routines within systems. The na-
The effects of disability labels on special education eli- ture and construction of individual and group identities in-
gibility are of widespread concern. Patton (1998) asserted form our understanding of race, culture, class, language use,
that the sociocultural construction of categorical labels of gender, and disability and are inextricably linked to issues of
mild mental disability, learning disability, and serious emo- ethics, power, and privilege in determining what is “norma-
tional or behavioral disability has definitional and validity tive” and how we become sorted into “us,” “them,” and “the
problems with serious negative implications for African Amer- other” (Smith, 2001).
ican students. Educators must be mindful of the impact of their re-
sponses to these complex issues of ethics, power, and privi-
lege on the lives of students and their families, because
CHALLENGES AND OPPORTUNITIES “whether or not we address these issues overtly, in ‘whispers’
or not at all, they remain as critical factors” (Patton &
Hilliard (2004) noted that whereas Brown was mainly about Townsend, 1999, p.1). Williams (2001) stated that “discov-
the Black and White divide in 1954, the rainbow of ethnic ering and addressing ethical issues of daily practice are per-
groups that are reflected in the changing demographics of the haps the most crucial tasks in which educational leaders
United States present conceptual and structural challenges engage” (p. 45). Patton and Townsend (2001) asserted that
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by differentiating “them” from “us” and by segregating “them” serves as project officer. Current research interests include the aligment of
from mainstream education, and children from diverse racial, policy and practice in school improvement initiatives, technical assistance
efficacy, and how schools support students with fetal alcohol spectrum dis-
cultural, and linguistic backgrounds and children with dis- orders. ELIZABETH KOZLESKI, EdD, is a professor and associate dean
abilities continue to be excluded and segregated in school at the University of Colorado at Denver. She has a joint appointment in the
(Smith, 2001). School of Education and the Department of Pediatrics at the University of
Leadership involves significant influence over people’s Colorado at Denver and the Health Sciences Center. Her research is in the
lives, and there is therefore a need to develop sensitivity to areas of systems change, inclusive education, and professional development
in urban education. Address: Anne Smith, OSEP, 550 12th St. SW, PCP
the ethical aspects of that influence, both in terms of the way 4086, Washington, DC 20202-2600.
the influence is exerted and in terms of what people are being
influenced to do. Educational leaders will need to address and
AUTHORS’ NOTE
overcome those issues related to power and privilege in edu-
cational settings (Williams, 2001, p. 45). We have learned a The opinions expressed herein do not necessarily reflect the policy of
the U.S. Department of Education, and no official endorsement should be
great deal since the passage of the EHA in 1975 about how
inferred.
rights, public policy, attitudes, values, pedagogy, research,
and innovative strategies are interrelated and must be aligned
using a systemic approach at federal, state, and local levels REFERENCES
(Smith, 1997) to build on lessons learned in previous educa- Anyon, J. (2001). Inner cities, affluent suburbs, and unequal educational
tion reform efforts, including Brown. opportunity. In J. A. Banks & C. A. M. Banks (Eds.), Multicultural edu-
cation: Issues and perspectives (4th ed., pp. 85–102). New York: Wiley.
According to Reed (2004), the main lessons learned
Artiles, A. J. (1998). The dilemma of difference: Enriching the dispropor-
from Brown are that (a) actions by and pressure on govern- tionality discourse with theory and context. The Journal of Special Edu-
ment can help change fundamental social relations and the cation, 32, 32–36.
nature of the terrain for political action; (b) political move- Artiles A. J. (2000, July). The inclusive education movement and minority
ments ferment slowly and grow in relation to their efforts to representation in special education: Trends, paradoxes and dilemmas.
change actual policies; and (c) moments of sharp social Keynote paper presented at the International Special Education Confer-
ence 2000, Manchester, UK. Available from http://www.isec2000.org
change can condense abruptly, when least expected. The use .uk/
of legislation and litigation as a vehicle of special education Artiles, A. J., Rueda, R., Salazar, J. J., & Higareda, I. (2002). English-
systems change continues to perplex many educators, language learner representation in special education in California urban
because their viewpoint is grounded in the belief that real and school districts. In D. J. Losen & G. Orfield (Eds.), Racial inequality in
enduring systems change cannot occur via top-down, legis- special education (pp. 117–136). Cambridge, MA: Harvard Education
Press.
lative, and compliance-oriented mechanisms (Smith, 1997).
Artiles, A. J., & Trent, S. C. (1994). Overrepresentation of minority students
However, rights, public policy, attitudes, values, pedagogy, in special education: A continuing debate. The Journal of Special Edu-
and the use of innovative strategies are interrelated and must cation, 27, 410–437.
be aligned (Smith, 1997). Therefore, implementing inclusive Artiles, A. J., Trent, S. C., Hoffman-Kipp, P., & Lopez-Torres, L. (2000).
school practices to ensure equity and excellence in American Sociocultural perspectives in special education, Part 2: From individual
education requires a systemic approach at the federal, state, acquisition to cultural–historical practices in multicultural teacher edu-
cation. Remedial and Special Education, 21, 79–82.
and local levels. Banks, J. A. (2001). Multicultural education: Characteristics and goals. In
In light of these issues, it seems appropriate to conclude J. A. Banks & C. A. M. Banks (Eds.), Multicultural education: Issues
with the words of NAACP General Counsel Robert L. Carter: and perspectives (4th ed., pp. 3–30). New York: Wiley.
Barton, L. (1999). Series editor preface for disability, human rights, and soci-
Moreover, taking stock of the current state of ety. In Disability, human rights, and education: Cross cultural perspec-
tives. Philadelphia: Open University Press.
public education, it is clear that Brown has not
Bellamy , G. T. (1987). The OSEP plan for LRE: Schools are for everybody!
achieved its primary purpose of guaranteeing In B.Wilcox & M. Irwin (Eds.), Proceedings of the 1987 national lead-
equal educational opportunity for children of ership conference: Least restrictive environment: Commitment to imple-
color. Yet, in making equality for all people a fun- mentation (pp 1–10). Bloomington: Indiana University, Institute for the
damental tenet in our society, Brown provides the Study of Developmental Disabilities.
foundation for activists and scholars committed Berres, M., Ferguson, D. L., Knoblock, D., & Woods, C. (1996). Creating
tomorrow’s schools today: Stories of inclusion, change, and renewal.
to fulfilling its promise to pursue that goal. I am New York: Teachers College Press.
optimistic or fatuous enough to believe that at Bodgan, R., & Biklen, D. (1976). Handicapism. Syracuse, NY: Center on
some future point in time, America will give cre- Human Policy.
dence to that unfulfilled promise. (Carter, 2004) Brady, M. P., McDougal, D., & Dennis, H. F. (1989). The schools, the courts,
and the integration of students with severe handicaps. The Journal of
Special Education, 23, 43–58.
ANNE SMITH, EdD, is an education research analyst at the U.S. Depart- Brantlinger, E. A. (2001). Poverty, class, and disability: A historical, social,
ment of Education Office of Special Education Programs. She is the agency and political perspective. Focus on Exceptional Children, 33(7), 1–19.
expert on school inclusion and has a portfolio of research, personnel prepa- Briscoe, D. B. (1991). Designing for diversity in school success: Capitaliz-
ration, model demonstration, and technical assistance projects for which she ing on culture. Preventing School Failure, 36, 13–18.
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implementation of the Education of the Handicapped Act (pp. 21–30). Wu, F. H. (2004, April 15). Beyond black, white, and Brown. The Nation.
Washington, DC: Author. Retrieved July 30, 2004, from http://www.thenation.com/doc.mhtml?i=
Will, M. (1986). Educating students with learning problems: A shared 20040503&c=4&s=forum
responsibility. Washington, DC: U.S. Department of Education, Office
of Special Education and Rehabilitative Services.
Williams, B. T. (2001). Ethical leadership in schools servicing African Amer- Received July 2004
ican children and youth. Teacher Education and Special Education, 24, Initial acceptance December 2004
38–47. Final acceptance January 2005
APPENDIX
REGULAR EDUCATION INITIATIVE POLICY AND PRACTICE: GUIDELINES FOR
IMPLEMENTING EFFECTIVE CHANGE THAT WILL SUCCESSFULLY PLACE STUDENTS
WITH SEVERE HANDICAPS INTO GENERAL EDUCATION ENVIRONMENTS
1. Develop an overall change strategy that focuses on making it be initiated as well as supported at the grassroots level through
happen, not whether it should happen—given the complexity of parental and teacher advocacy.
educational needs for these students, change must be handled in 6. Place students as close as possible to their own neighborhood
a comprehensive and well-conceived manner. school.
2. Clearly articulate the benefits to students with severe handicaps 7. Emphasize maintaining and improving the quality of services
and acknowledge the logistic issues without overstating the while being flexible about the ways in which they are provided.
problem. 8. Actively plan for integration, not just physical proximity.
3. Implement change based on a simultaneous, districtwide basis— 9. Build in feedback and evaluation mechanisms:
this minimizes resistance and facilitates comprehensive plan-
ning. • To what extent does interaction with nonhandicapped peers
4. Top-level support is essential to successful integration—any actually occur?
change in the status quo directly affects administrators, teachers, • Do you continually reassess staff development needs?
and parents, but can be minimized with a clear directive from • Is there a means for assessing consumer feedback on a fre-
central administration. quent basis to facilitate proactive problem-solving strategies?
5. Involve community leaders, parents, professionals, and advocacy
groups in designing the change strategy—effective change can
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