在ADA之前, Americans with disabilities had been excluded from society … and generally barred from social p艺术icipation by lack of accessibility and stigma.”
迈克尔·阿什利·斯坦, co-founder and executive director of the 巴黎人贵宾厅法学院 Project on Disability
In 1975, public schools in the United States accommodated only one out of five children with disabilities. Many states had laws that explicitly excluded children with disabilities from attending public school. Professor Thomas Hehir reflects on the current state of disabilities education as we celebrate the 40th anniversary of IDEA.
HEHIR: 1975 I was teaching at Keefe Tech in Framingham which was a regional voc-tech school. 我是一名特殊教育老师. 我教的是残疾儿童. 马萨诸塞州，我有一个全面的特殊教育法. 在联邦法律颁布前几年. So, 联邦法律所做的很多事情在马萨诸塞州已经在做了, 哪一号, the most important thing was extending education to all children who had disabilities. In 1975 I was working in a regional voc-tech school that was integrating kids with disabilities into the mainstream. I was also at that time working after school in an institution for adolescence, well kids with adolescence who had disabilities who were living in a State institution, 让这些孩子准备好回到他们的社区. 因为其中一件事, IDEA最重要的成就之一是推广教育, 特别是那些有智力障碍的学生, 也就是当时所说的智力迟钝. And here in Massachusetts which was the case virtually everywhere there were State institutions in which large numbers of those children were housed at that time. 估计是400个,000名儿童和成年人，其中大部分是智障人士, 许多人有身体残疾，比如脑瘫. Some with mental health issues were institutionalized in the United States and they were in, 他们中的大多数人被关押在恶劣的条件下. 很少有孩子真正得到今天我们所说的教育. So, I was working with kids in the community who had similar disabilities like Down’s syndrome and who were doing pretty well because they were being educated in the community. 马萨诸塞州的一些社区, 总是教育每个人都, 但是去你知道的机构, 放学后去看那些不识字的孩子, couldn’t speak who had the same disabilities because of the condition in which they were kept. So, I think one of the greatest accomplishments of IDEA has been providing education to all kids. 他们估计全国有800人,000到100万的孩子被完全排除在学校之外，这非常, 这在当时很常见.
面试官所以马萨诸塞州有点超前了, but at the time in 1975 this was a big deal for the country and a little bit of history lesson about how this legislation came about, 它是如何被推行的，在40年里又发生了什么变化, 今年是它成立40周年.
HEHIR:是啊. 从我的角度来看，我想其他巴黎人贵宾厅也会同意, 基本上有两件事同时发生. 一个, 你会很高兴认识马特的, 媒体人, 是因为媒体吗, 是因为这些机构被曝光了吗. Most notably an expose done by Geraldo Rivera of Willowbrook which was the largest institution in the country and which was located in Staten Island. 他带着摄像机溜了进去，曝光了那里糟糕的环境. Back then and this is an interesting take on the media for the younger listeners. Back then there were only really three networks and if you were covered by one of them you were covered by three of them at the 6:00 nightly news, 这每个人都看. 所以，人们有一种共同的媒体体验. 因此，这些曝光开始被媒体报道. And the average American didn’t know these places existed and found it quite disgusting that the government was subjecting people to conditions that were you know, 恶劣和危险. 所以, that was you know, that was kind of in the political stream, talk about policy. 但, 同时你也知道, 考虑到这段时间你知道的, during the Viet Nam time and during a time when there was a lot of questioning of existing power structures. 有一些诉讼是由公众利益发起的, 法律组织, advocacy organizations that were challenging the exclusion of kids from school, 根据第14修正案. 基本上说的是排除, 这个论点, 法律论证, which by the way hadn’t really prevailed up to this time because the 14th Amendment was around for a long time in 1975. 但, in the late 60’s and early 70’s these lawsuits began to be found in favor of plaintiff’s so that they would, 在宾夕法尼亚有一个大公园, where the state of Pennsylvania agreed to enter into consent agreement rather than go to court around the exclusion of children again, 在宾夕法尼亚州的智障人士. 有一个大州，哥伦比亚特区也有类似的诉讼. So, 这些诉讼在法庭上进行，所以, there was an interest in the p艺术 of Congress to take this up as a national issue. The other thing that happened before the passage of IDEA which was the passage of Section 504, 前两年. Section 504 is Section 504 the Rehabilitation Act and it was through a simple reauthorization of that piece of legislation that advocates were successful in putting in just one clause in that, in that law which was that basically that any entity that received federal funds that discriminated against people with disabilities, 这是违法的. 所以, 这意义深远, 这是一部影响深远的法律，它很大程度上模仿了民权运动, 64项民权法案等等. Which basically meant that school districts that didn’t enroll kids with disabilities were in violation of Section 504. 504部分通过了, 有一些诉讼正在进行, 这引起了媒体的关注, 但是你知道, there was the need to provide school districts with assistance in being able to meet, 现在这变成了一种法律义务, 那就是教育所有的孩子. 因此，IDEA首先是一个资金带. 504号条款告诉你必须这么做. 它没有给你钱. IDEA提供了州政府的资金，但有很多附加条件. 我的意思是，你必须独立，你必须找到孩子. 你必须做所谓的儿童查找. 你必须进行个性化教育. 你必须赋予父母在孩子安置问题上的重要权利. It’s a pretty far reaching law, but it was all tied to whether States accepted the money. 绝大多数州立即开始接受货币. 他们中的一些人花了长达10年的时间才获得IDEA的资金.
面试官四十年后它成功了吗? 你对结果满意吗? 我知道没有什么事情是在所有方面都是完美的, 但是你总体上满意吗?还有什么地方可以更好呢? 它在哪里可以改进?
HEHIR从我的角度来看，我认为这是一个合格的成功. 你知道 the extension of education to all kids I think is an unqualified success. 我的意思是，孩子接受教育比不接受教育要好. 但是，我认为仍然有一些问题需要解决. I think there’s still a lot of segregation of kids with disabilities that is unnecessary and contrary to what research would say would be the best practices for those kids. 我想有很多学区, there are kids who get identified as needing special education that really could have gotten other approaches in general education that would have been far more effective. 对于低收入家庭的孩子和有色人种的孩子来说尤其如此. 所以，你知道，我认为这是一个合格的成功. 我觉得有些地方还没有接受, 他们还没有接受巴黎人贵宾会官方网址包容的法律价值观, which are around providing kids with what they need to be successful and from that perspective I think it’s, 我认为我们可能需要做一些事情来提高它.
面试官汤姆，和你谈话总是很愉快. 你总是世界上最擅长谈论这些问题的人之一. 你也出了一本书. 如果我不问你那件事，我就放心了.
HEHIR:是啊. 好吧, 我有几本书, 但是那个, my most recent book is about students with disabilities here at Harvard and when I first came to teach here in 2000, 他在克林顿政府工作过, 我开始在我的课堂上看到有残疾的学生. And when I was a student here there really weren’t many students with disabilities and it was for me, 这是一件很棒的事，因为我一生的工作就是, 我开始问学生, 你知道我想听他们的故事. 你知道, how did you get to Harvard if you never heard a word and you write beautiful English, 你的第一语言是美国手语. 你知道 how do you get to Harvard if you couldn’t speak because you had Cerebral Palsy or you couldn’t see? 或者，你无法学习阅读，因为你有诵读困难症. 我想知道他们的故事，因为, when you think about achieving at the level you have to achieve to come to a school like Harvard, a lot of things have had to go right in your education and also I would say within your family. 所以, I based this book on 16 students that I’ve had in classes that have all kinds of disabilities. 残疾在一年级或二年级时就很明显了. 他们不是边缘的残障, 他们是你认识的学生, 我提到的那些聋哑人或者不识字的学生. 书中有两名学生曾试图自杀, 有严重的心理健康问题, 因此,, 所以基本上这本书是巴黎人贵宾会官方网址你知道吗, 你知道如果故事，对于大多数人来说IDEA是故事的一部分.
面试官:毫无疑问，受益于这项立法. 今天，我们在这里庆祝它成立40周年. 汤姆，感谢你来到EdCast.
面试官这里是巴黎人贵宾厅EdCast制作, 巴黎人贵宾厅教育研究生院，我是主持人马特·韦伯. 感谢您的聆听.
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