REPOZYTORIUM UNIWERSYTETU
W BIAŁYMSTOKU
UwB

Proszę używać tego identyfikatora do cytowań lub wstaw link do tej pozycji: http://hdl.handle.net/11320/7575
Tytuł: American Law, Global Norms: The Challenge of Enforcing Children with Disabilities’ Right to a Free and Appropriate Education
Autorzy: True-Frost, Cora
Słowa kluczowe: children with disabilities
CRPD
education
Data wydania: 2018
Data dodania: 14-lut-2019
Wydawca: Wydział Prawa Uniwersytetu w Białymstoku, Temida 2
Źródło: Białostockie Studia Prawnicze, Vol. 23 nr 4, 2018, s. 87-97
Abstrakt: This essay critically analyzes the legal interpretation of the Supreme Court of the United States of what constitutes a “free and appropriate public education” for children with disabilities. Through the lens of a case study of an American child with communication disabilities, this essay examines why US law should instead be informed by a social model of disability embraced by the Convention of the Rights of Persons with Disabilities (CRPD). Related, the essay argues that American courts’ current interpretation of whether a student with disabilities has received an “appropriate education” relies too heavily on a medical model of disability, which requires a child first to demonstrate sufficient competence to merit related supports. Were the Supreme Court to adopt instead a social model of disability, however, it might advise public schools to presume the competence of students with disabilities. One implication of this essay is that even within the relatively robust legal framework for disability rights that presently exists in the US, judicial interpretation and enforcement of the law is too-often guided by judges’ ableist assumptions. For CRPD States Parties, the implication of this argument is that members of the judiciary should be trained not only in existing legal standards, but also in disability history and theory that can guide the interpretation of the legal standards. This essay critically analyzes the legal interpretation of the Supreme Court of the United States of what constitutes a “free and appropriate public education” for children with disabilities. Through the lens of a case study of an American child with communication disabilities, the essay examines why US law should instead be informed by a social model of disability embraced by the Convention of the Rights of Persons with Disabilities (CRPD). Related, the essay argues that American courts’ current interpretation of whether a student with disabilities has received an “appropriate education” relies too heavily on a medical model of disability, which requires a child first to demonstrate sufficient competence to merit related supports. Were the Supreme Court to adopt instead a social model of disability, however, it might advise public schools to presume the competence of students with disabilities. One implication of this essay is that even within the relatively robust legal framework for disability rights that presently exists in the US, judicial interpretation and enforcement of the law is too-often guided by judges’ ableist assumptions. For CRPD States Parties, the implication of this argument is that members of the judiciary should be trained not only in existing legal standards, but also in disability history and theory that can guide the interpretation of the legal standards. This brief essay proceeds in five parts. The first part sets forth a case study of a young American child’s attempts to secure an education despite his communication and physical disabilities. Th e second part sketches the legal framework, defining the standard for a “free and appropriate public education” in the United States. The third part elaborates the inherently illogical inconsistencies embedded in the current judicial standard in part by focusing on the case of pre-literate children with significant communication disabilities. The fourth part argues that a social model of disability would invite schools to presume the competence of students with disabilities and offer them related supports. The fifth part unpacks an implication of this case study for States Parties to the CRPD. Ensuring access to a quality education for children with disabilities matters. For the 15% of the world’s population with disabilities,8 the issue implicates nothing less than the core of pluralist democracies’ claim to legally accommodate and realize the needs, preferences and rights of diverse individuals.
Afiliacja: Syracuse University, USA
Nota biograficzna: Cora True-Frost – Associate Professor of Law at Syracuse University College of Law. Expert in international law and constitutional and human rights law. Her primary research interests include the development of international norms, with a particular focus on the role of international organizations and the United Nations Security Council in these processes. She also serves as Faculty Advisor to the National Women’s Law Student Association and the Syracuse University Program on Refugee Assistance. In 2015, she was appointed by New York Governor Mario Cuomo to be a member of the state Developmental Disabilities Planning Council.
E-mail: ctruefrost@law.syr.edu
URI: http://hdl.handle.net/11320/7575
DOI: 10.15290/bsp.2018.23.04.08
ISSN: 1689-7404
metadata.dc.identifier.orcid: 0000-0002-8897-8649
Typ Dokumentu: Article
Występuje w kolekcji(ach):Białostockie Studia Prawnicze, 2018, Vol. 23 nr 4

Pliki w tej pozycji:
Plik Opis RozmiarFormat 
BSP_23_4_C_True-Frost_American_Law_Global_Norms.pdf123,17 kBAdobe PDFOtwórz
Pokaż pełny widok rekordu Zobacz statystyki


Pozycje w RUB są chronione prawem autorskim, z zastrzeżeniem wszelkich praw, chyba że zaznaczono inaczej.