Get All of Our News & Articles So Your Always informed!!

Why are More Black Children Not Benefiting From Advancing Disability Rights?

Black Advocacy Played A Critical Role in Advancing Disability Rights So Why are More Black Children Not Benefiting From Their Efforts?

Brad Lomax with Judy Heumann at a rally in 1977 at Lafayette Square in Washington, DC

Brad Lomax with Judy Heumann at a rally in 1977 at Lafayette Square in Washington, DC

February is a time to honor and celebrate Black Americans who’ve made an undeniable impact in moving us forward as a nation. Often left out of the history books are the contributions of Black persons with disabilities. When their stories are told, rarely do they mention their disability. Black History is intertwined with Disability History. In fact, the Disability Rights Movement was influenced by the Civil Rights Movement. Several Black leaders played a critical role in both movements. Brad Lomax was a leader in the Black Panther Party and the Disability Rights Movement. 

When Brad was in college, he developed multiple sclerosis. As a wheelchair user, he encountered barriers every day accessing public services and spaces. When Brad Lomax joined the Black Panther Party in the late 1960s, he hoped to be part of a revolution that would provide a better life for Black Americans, free of inequality, poverty and police brutality. And to a large extent he succeeded, making important contributions to the Panthers. But it was in an entirely different civil rights movement — one for people with disabilities — that he would make his most indelible mark. He moved to Oakland, CA in 1973 — a time when the Bay Area was a hot bed of social action. The disabilities rights movement had gained a foothold there, as had the gay rights and Native American rights movements. 

Lomax became a key figure in the disability rights movement when he joined more than 100 people in 1977 in occupying the fourth-floor offices of the Department of Health, Education and Welfare in the San Francisco Federal Building. Their goal was to persuade the government to enforce a long-ignored section of the Rehabilitation Act of 1973. The demonstration, known as the 504 Sit-in, would last for 25 days, making it the longest peaceful occupation of a federal building in the nation’s history. Lomax, accompanied by an attendant and fellow Black Panther, Chuck Jackson, not only helped lead the protest; he also gained the support of their fellow Black Panthers. The Panthers agreed to bring hot meals and other provisions to the building daily. Without the presence of Brad Lomax and Chuck Jackson, the Black Panthers would not have fed the 504 participants occupying the H.E.W. Building. Without that food, the sit-in would have collapsed. 

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Under Section 504, individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. People who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered. Major life activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. 

If your child does not qualify for an Individualized Education Plan (IEP), they may be able to qualify for a 504 plan. An IEP is written for a child who needs  Special Education services because the disability is affecting  the student’s education in a negative way. A 504 Plan is written  for a child who does not need Special Education because the  disability is not affecting their education in a negative way,  but they do need supports to have equal access to education. Black children are disproportionately identified for Special Education and as such Black children are more likely to be denied 504 Plans. Students with anxiety or depression, ADHD, hearing or vision impairments, or chronic illnesses like Asthma or Sickle Cell Disease can benefit tremendously from modifications and accommodations provided by a 504 Plan. 

While all students covered by IDEA are also covered by Section 504, there is a smaller group of Section 504 students who are not a covered under IDEA. About 1% of all public school students fit into this category and these students are twice as likely to be white, male, and attend a school that is not Title I eligible. The federal government provides some money to school districts to educate children in special education, along with a specific legal framework for doing so. Accommodations for Section 504 students are a mandate, but with no specific federal funding. 

In addition to the lack of funding to support students with 504 Plans, education theorists have pointed to a hierarchy of special education supports that offer a perspective on why Black children are not benefiting from the advocacy of Brad Lomax and the Black Panther Party. Theorists suggest that disability classifications like autism and ADHD are considered mild and allow students to maintain general education classroom engagement are assigned a higher status. Disability classifications like intellectual disability, emotional disturbance, developmental delay, and learning disability are seen as more severe and make it more difficult for students to engage fully in general education classrooms and are therefor more stigmatized and considered low status. One of the benefits of services provided under Section 504 is that, unlike under the IDEA, students can qualify for services even if they are not falling behind academically but are simply having challenges that impact their ability to fully access education opportunities. In many ways Section 504 provides a much larger group of students with extra support to engage in learning. Despite the more expansive nature of Section 504, Black students are less likely to receive them because they are more likely to be identified with more stigmatized and “lower status” disabilities. White students, who are more likely to be identified with “higher status” disabilities made up slightly more than 47% of total public school students and more than 61% of students with 504 Plans. 

Parents advocating for BIPOC children with learning differences or disabilities should consider pushing for a 504 Plan because of the low bar for academic achievement set by IDEA.  Often an IEP will target a student’s goal to be at the low average achievement level for their grade or age.  Section 504 does not have this limitation.  A Section 504 Plan does not guarantee a student’s success, but it can guarantee a student with a disability has access to the same opportunities for success as a student without a disability in all of the programs and courses offered at a school.  A Section 504 Plan does not modify the curriculum and the student is still required to demonstrate mastery of the material, however a Section 504 Plan removes the barriers a student with a disability may encounter in accessing the curriculum and in assessments.

For any parent of a child with a learning difference or disability advocacy is a daily occurrence, with schools, doctors, community members, and even family and friends. For Black parents advocacy is made more difficult often due to the intersectionality of racism and ableism. As a mom of a black boy with an ADHD diagnosis, I understand the need for a culturally inclusive community of others with whom to share information, ideas, experiences, and resources. If you too are looking for a safe space to give and receive peer-support with other parents and caregivers, please consider joining the Intersection Collective Community Advocacy Network (this should be a link to our contact sign up form). We would love to hear more about your experiences and what support and allyship can best meet you where you are today. 

Other resources we thought might be helpful:

6 Ways that Parents of Black Children Can Advocate for Kids at School (https://www.parents.com/kindred/6-ways-black-parents-can-advocate-for-kids-at-school/)

Your Rights Under Section 504 of the Rehabilitation Act: Fact Sheet – (https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf)

Parent & Educator Resource Guide To Section 504 in Public Elementary & Secondary Schools 

(https://www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pdf)

Share the Post:

Related Posts

IEP Prep Guide

If you are new to the IEP (Individualized Education Program) process or you are starting a brand new school year,

Read More

Join Our Mission for Inclusive Empowerment

Subscribe to the Intersection Collective Newsletter to stay informed about our initiatives promoting equity, inclusion, and accessibility for Black, Indigenous, and Latinx communities with disabilities.