front cover of Disability Rights and Religious Liberty in Education
Disability Rights and Religious Liberty in Education
The Story behind Zobrest v. Catalina Foothills School District
Bruce J. Dierenfield and David A. Gerber
University of Illinois Press, 2020
In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA).

Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.

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Prenatal Testing and Disability Rights
Erik Parens and Adrienne Asch, Editors
Georgetown University Press, 2000

As prenatal tests proliferate, the medical and broader communities perceive that such testing is a logical extension of good prenatal care—it helps parents have healthy babies. But prenatal tests have been criticized by the disability rights community, which contends that advances in science should be directed at improving their lives, not preventing them. Used primarily to decide to abort a fetus that would have been born with mental or physical impairments, prenatal tests arguably reinforce discrimination against and misconceptions about people with disabilities.

In these essays, people on both sides of the issue engage in an honest and occasionally painful debate about prenatal testing and selective abortion. The contributors include both people who live with and people who theorize about disabilities, scholars from the social sciences and humanities, medical geneticists, genetic counselors, physicians, and lawyers. Although the essayists don't arrive at a consensus over the disability community's objections to prenatal testing and its consequences, they do offer recommendations for ameliorating some of the problems associated with the practice.

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front cover of The Unteachables
The Unteachables
Disability Rights and the Invention of Black Special Education
Keith A. Mayes
University of Minnesota Press, 2023

How special education used disability labels to marginalize Black students in public schools

The Unteachables examines the overrepresentation of Black students in special education over the course of the twentieth century. As African American children integrated predominantly white schools, many were disproportionately labeled educable mentally retarded (EMR), learning disabled (LD), and emotionally behavioral disordered (EBD). Keith A. Mayes charts the evolution of disability categories and how these labels kept Black learners segregated in American classrooms.

The civil rights and the educational disability rights movements, Mayes shows, have both collaborated and worked at cross-purposes since the beginning of school desegregation. Disability rights advocates built upon the opportunity provided by the civil rights movement to make claims about student invisibility at the level of intellectual and cognitive disabilities. Although special education ostensibly included children from all racial groups, educational disability rights advocates focused on the needs of white disabled students, while school systems used disability discourses to malign and marginalize Black students.

From the 1940s to the present, social science researchers, policymakers, school administrators, and teachers have each contributed to the overrepresentation of Black students in special education. Excavating the deep-seated racism embedded in both the public school system and public policy, The Unteachables explores the discriminatory labeling of Black students, and how it indelibly contributed to special education disproportionality, to student discipline and push-out practices, and to the school-to-prison pipeline effect.

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