Celebrating Bill of Rights Day: Ensuring Inclusive Education for Neurodiverse Students and the Legacy of the 14th Amendment

SchoolsFamilies

Dec 16

As we observe Bill of Rights Day on December 15th, a significant milestone in American history, it's essential to reflect on the explicit rights laid out in the first ten amendments to the United States Constitution and the unspoken right to free public education, which is particularly pertinent for neurodiverse students who require special education services. Moreover, the legacy of the 14th Amendment, instrumental in the pursuit of equal access to education, adds a crucial layer to the narrative.

The Unspoken Right to Education

While the Constitution outlines essential freedoms, the right to a free public education is notably absent.

Image for a blog on the Bill of Rights and Access to a Free & Appropriate Education by Gail Suitor of Ignite Change Makers.

Nevertheless, the significance of education cannot be overstated, especially for neurodiverse students who often need specialized support and accommodations to thrive academically and socially.

Special Education and the Bill of Rights

In pursuing inclusive education for neurodiverse students, legislative measures like the Individuals with Disabilities Education Act (IDEA) play a vital role. Enacted in 1975, IDEA mandates that students with disabilities receive a free and appropriate public education in the least restrictive environment. Despite legal safeguards, challenges persist in ensuring equal access and quality education for neurodiverse individuals.

The 14th Amendment and Equal Access to Education

The 14th Amendment, ratified in 1868, is a cornerstone in the fight for equal rights. While initially designed to address post-Civil War issues, it became a powerful tool in the struggle for equal access to education. The landmark case Brown v. Board of Education (1954) used the 14th Amendment to challenge the segregation of schools based on race, marking a pivotal moment in pursuing educational equality.

Disparities in Education

Despite legal frameworks like IDEA and the landmark decisions inspired by the 14th Amendment, educational disparities persist. Marginalized communities often face additional hurdles in accessing the resources and support needed for neurodiverse students. 

IDEA requires students to be diagnosed with a learning disability to receive special education services or accommodations. This process is riddled with challenges. The tests required to diagnose a learning disability officially are expensive if done privately. If done through the school system, accessing the overloaded system can take a long time. Both avenues have varied results based on the testing quality and the testing write-up. In addition, as seen in the college admission scandal, these tests can run afoul with influential people with abundant money looking to access extra time for their students on college admissions tests. 

Another issue is that the tests used for diagnosis are normed on predominantly white middle-class Americans, which leads to a higher rate of minorities being labeled learning disabled because they may not be familiar with the vocabulary used in the testing.  The documentation and meetings required by the law put additional tasks on a strained educational system. These disparities underscore the need for ongoing advocacy and reform to bridge the gap in educational opportunities.

The Role of Advocacy

 Bill of Rights Day serves as a reminder of the ongoing work needed to fulfill the promise of equal rights and opportunities for all. As we celebrate, let us not forget the importance of advocating for neurodiverse students and ensuring that special education services are accessible, equitable, and effective.

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Hey There, I’m Gail Suitor

Living and working with a neurodivergent brain can be challenging. I know because I have one, raised three, and taught many over 25+ years.

I help learning disabled people break free from labels so that they can appreciate their unique brains, ignite their brilliance, follow their passions, and become the change makers they were born to be.

My Change Maker Accelerator Program uses Mastermind Pods to help participants learn the 7 strategies of highly effective neurodiverse people so that they can discover their superpowers, develop their Ultimate Change Maker Blueprint, and create the life they want.