Pennhurst and the Struggle for Disability Rights by Dennis B. Downey James W. Conroy

Author:Dennis B. Downey, James W. Conroy [Dennis B. Downey, James W. Conroy]
Language: eng
Format: epub
Tags: Social Science, People With Disabilities, History, United States, State & Local, Middle Atlantic (DC; DE; MD; NJ; NY; PA), 20th Century, Medical, Psychology, Americas (North; Central; South; West Indies)
ISBN: 9780271086361
Google: YvDcDwAAQBAJ
Publisher: Penn State Press
Published: 2020-05-25T04:17:47+00:00

Notes

1. 394 U.S. 618 (U.S. 1969).

2. In a memorandum to PARC on possible litigation strategies, Gilhool identified five potential causes of action: (1) grievances of individual residents, (2) misdirection of the state’s present capital expenditure plan, (3) involuntary servitude, (4) right to education, and (5) right to treatment. R. A. Burt and O. M. Fiss, Hierarchy and Value (unpublished seminar materials, Spring, 1981) at 32.

3. The Pennsylvania School Code of 1949, Section 1304, provided: “The board of school directors of any school district may refuse to accept or retain beginners who have not attained a mental age of five years, as determined by the supervisor of special education or a . . . public school psychologist.” And the Pennsylvania School Code of 1949, Section 1375, provided: “Uneducable children provided for by Department of Public Welfare . . . [which shall] arrange for the care, training and supervision of such child in a manner not inconsistent with the laws governing mentally defective individuals.”

4. 347 U.S. 483, 495 (U.S. 1954) For an account of Brown v. Board of Education and the systematic litigation strategy that resulted in overthrowing de jure segregation in schools, see Richard Kluger, Simple Justice: A History of Brown v. Board of Education and Black America’s Struggle for Equality (New York: Alfred Knopf, 1976).

5. 347 U.S. at 493.

6. Id.

7. 343 F. Supp. 279 (E.D. Pa. 1972).

8. 343 F. Supp. at 283 n. 8. The court found it necessary to reach the Equal Protection claim because Intermediate Units that objected to the settlement had challenged the court’s subject-matter jurisdiction. 343 F. Supp. at 289, 293 ff.

9. The court noted that beginning in 1912, the Research Section of the Eugenic Society, known as the American Breeders’ Association, suggested that segregation and other “drastic measures” needed to be taken to protect American society from the menace of “the feebleminded.” 343 F. Supp. at 294.

10. 343 F. Supp. at 284. The court noted that in the early twentieth century, special education classes for children with intellectual disabilities were denominated “opportunity classes,” indicating that the child was simply waiting to join the mainstream of the school, but that in the next decade they became “dumping grounds for children who could not manage in other classes.” 343 F. Supp. at 294.

11. P.L. 94–142.

12. 20 U.S.C. 1401 et seq.

13. Section 5. Fourteenth Amendment to the United States Constitution.

14. Pub. L. No. 94–142, § 3(a), 89 Stat. 775 (1975) (codified at 20 U.S.C. 1400(b)(9) (1988)); see also S. Rep. No. 168, 94th Cong., 1st Sess. 13, 22 (1975); H. R. Rep. No. 332, 94th Cong., 1st Sess. 14 (1975). When Congress reenacted IDEA in 1997, it retained this finding—see 20 U.S.C. 1400(c)(6)—and explained that it wished “to restate that the ‘right to equal educational opportunities’ is inherent in the equal protection clause of the 14th Amendment to the U.S. Constitution.” S. Rep. No. 275, 104th Cong., 2d Sess. 31 (1996).

15. See https://teachingamericanhistory.org/library/document/speech-on-the-dred-scott-decision.

16. 29 U.S.C. § 794; https://www.eeoc.gov/laws/statutes/rehab.cfmhttps://www.eeoc.gov/laws/statutes/rehab.cfm.

17. 42 U.S.C. 12101 et seq.; https://www.ada.gov/ada_intro.htm.

18. Humphrey v. Cady, 405 U.

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