Though equal access and civil rights don’t seem very popular with the Trump administration, the Department of Education recently ruled that Texas denied disabled students their right to an education.
The verdict was an important victory not just for students within the state, but also those living elsewhere. Civil rights laws are only truly effective if they’re enforced, and states considering moves similar to those seen in Texas will be reconsidering in light of this decision.
Here’s what happened: Texas effectively instituted a quota on disability education services — sometimes known as special education. The state decided that up to 8.5 percent of enrolled students could receive services, even though the nationwide average suggests that 13 percent — and sometimes more — of school-age children have disabilities that might require accommodation and support.
As a result, some students who were legally entitled to such services by the nature of their disabilities were instead denied. This goes against the Individuals with Disabilities Education Act, which says states must provide a “free, appropriate public education” (FAPE) for disabled students.
For disabled people, the right to education wasn’t always enshrined in the law. Historically, some people with significant developmental, intellectual and cognitive disabilities simply weren’t sent to school at all, or were isolated and denied services at school. With a series of civil rights laws specifically addressing education rights, including…