Some special education and disability rights advocates are concerned that limiting diversity, equity, and inclusion (DEI) programs in schools could hurt efforts to create inclusive classrooms for students with disabilities. 

If you or your student are entitled to special education services, you're not alone. The Lento Law Firm has helped families all over the United States get the educational support they're entitled to and deserve. Contact the Education Law Team at the Lento Law Firm today at 888-535-3686 or online.  

Advocates for students with special needs and disabilities worry that the people behind anti-DEI movements might not understand inclusive special education, which is being caught in the crossfire of politically charged debates around DEI. They worry this could unintentionally create barriers to inclusion and even return disabled students to a segregated educational system.  

IDEA and Race and Gender Education 

Advocates worry the anti-DEI movement could weaken the Individuals with Disabilities Education Act (IDEA), the landmark 1975 law that guarantees free and appropriate education for all students, including those with disabilities. 

However, The Heritage Foundation, a conservative organization critical of DEI programs, argues that certain lessons and materials within DEI programs that emphasize race and gender might not be beneficial for students with disabilities. They believe the IDEA already ensures inclusion through its "least restrictive environment" mandate, requiring schools to educate students with disabilities alongside their peers whenever possible. 

Disability rights advocates disagree. They fear that legislation restricting discussions on racial and gender issues might indirectly hinder efforts to address existing inequities. They also worry that critiques of DEI might lead to questioning the value of special education inclusion, further marginalizing students with disabilities. 

Impact on Students 

Advocates have been fighting for the rights of students with special needs in the U.S. for more than 100 hundred years, with consistent, but incremental, gains. In years past, special education students received no education at all, then only in segregated classrooms where they did not engage with typical students.  

The IDEA's requirement that students be educated in the “least restrictive environment possible” allowed for special education students to be educated alongside their non-disabled peers as much as possible.  

Additionally, Section 504 of the Rehabilitation Act of 1973 is a broader civil rights law that guarantees every student a,” often referred to as FAPE, from ages 3 to 21. Section 504 ensures that students with disabilities have equal access to educational opportunities and benefits, even if they don't qualify for special education services under IDEA. 

Schools must provide reasonable accommodations to ensure equal access, such as modified assignments, assistive technology, or preferential seating. 

Newer state laws to limit DEI programs do not overturn any existing federal laws protecting disabled students. If you believe your child has been impacted by these or other efforts, contact the Student Defense Team at the Lento Law Firm today. We have helped families all over the country, and we can help you. Contact the Education Law Team at the Lento Law Firm today at 888-535-3686 or online.