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Unit 1: Introducing Disability

Lesson 3: The U.S. Constitution and Disability Laws

Grades

  • 6-8
  • 9-10
  • 11-12

Subjects

  • Civics
  • Political Science
  • Social Studies

Overview of Lesson Plan

  • Students examine the U.S. Constitution and specifically the 10th and 14th Amendments and the balance between states' rights and civil rights and major federal laws protecting the rights of people with disabilities.  The lesson addresses the larger questions of how we provide equal education to all children and what role the federal government should play in ensuring this.

Standards

  • 1. Explain the origins and continuing influence of key ideals of the democratic republican form of government, such as individual human dignity, liberty, justice, and equality, and the rule of law.
    2. Identify, analyze, interpret, and evaluate sources and examples of citizens' rights and responsibilities.
    3. Practice forms of civic discussion and participation consistent with the ideals of citizens in a democratic republic.

Objectives

  • 1. Understand the balance between competing principles in the U.S. Constitution.
    2. Examine the relationship between the U.S. Constitution and statutes passed by Congress.
    3. Identify and understand the principles underlying major laws protecting the rights of people with disabilities.
    4. Examine congressional intent in passing laws.
    5. Examine the rights and responsibilities of citizens of the United States.
    6. Examine the role of the federal government in ensuring equal educational opportunity for all students.

Questions to Consider

  • 1. Why do we need special laws to protect people with disabilities?
  • 2. What's the difference between the U.S. Constitution and a law passed by Congress?
  • 3. What's the relationship between the responsibilities of the federal and state governments?

Resources and Materials

Activities and Procedures

  • 1. As a class, read, the 14th Amendment, the materials on IDEA and the ADA, and "Federal Laws and Disability Rights."  Some things to think about:
    • Based on the findings and purposes of the ADA and IDEA, why did Congress pass these laws?
    • Compare and contrast the principle of equal protection of laws with the congressional findings and purposes in the ADA and IDEA.
    • What are the major differences between the ADA, the IDEA, and Section 504 of the Rehabilitation Act? (The IDEA and Section 504 only apply to states and organizations that receive federal funds; the ADA applies to all organizations. The IDEA only applies to state and local educational agencies; the ADA and Section 504 apply to all organizations.)
    • What are the similarities and differences in the congressional findings and purposes of the ADA and the IDEA?
    • Why did Congress decide to become involved in the education of students with disabilities? Isn't education supposed to be a state and local responsibility?
  • 2. Break students into two sets of discussion groups.  One set of groups examines the 10th Amendment to the Constitution and identifies arguments about why states should be left to make policies regarding education and specifically the education of students with disabilities.  The other set of groups examines the 14th Amendment and identifies arguments in favor of the federal government protecting the rights of people with disabilities.  Come back together and have students discuss the arguments for and against a strong federal role in protecting the rights of people with disabilities.  This could be done in a debate format or with students role-playing U.S. Senators or Representatives.
  • 3. Ask students to write one to two page essays on the questions listed above.
  • 4. Break students into small groups.  Ask each group to identify three examples of discrimination against people with disabilities or ways in which they could be treated unfairly.

Eras

  • 1961-1980
  • 1980-Present

Disability

  • Developmental Disabilities
  • Intellectual Disabilities

Topics

  • Education
  • Government
  • Law

Copyright

  • ©Syracuse University, 2004.  All rights reserved.


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Copyright © Syracuse University 2004. All Rights Reserved.