American Disability Acts

  • Uncategorized

5

The issues that were faced by the President Bush administrationregarding the rights to public accommodation for the disabled haveworsened in recent times with the advent of the issue transsexuals’access to bathrooms and locker rooms. In the 1990s, the major issueconcerned the disabled persons and their ability to access publicplaces. However, in recent times, the issue of transsexuals hasbecome extremely controversial. People are divided over whethertranssexual people should be allowed to use bathrooms and lockerrooms of the gender they proclaim to be other than the birth sex1.In fact, the President of the United States Donald Trump has alreadyweighed in on the issue asserting that access to bathrooms and lockerrooms should be based on birth sex. Some states such as Texas haveplaced a cap on the percentage of disabled students who can beoffered special education due to their conditions such as attentiondeficit hyperactivity disorder.

The U.S. has not done enough regarding the placement of disabledstudents in special education classes. The percentage of the learnersunder special education remains extremely low with some areas havingnumbers below ten percent. Notably, the number of disabled learnersin K-12 schools is many and research has indicated that there arebetween 20 and 30% learners who require special education2.The treatment of disabled learners in Texas is regrettable. It isevident that Texas seeks to save millions of dollars by denyingdisabled and needy students access to special education. Thepercentage of disabled children under special education in Texascontinues to reduce despite the increasing number of school goingchildren. The Texas Education Agency must ensure that there are noneedy children who are left behind.

The debate of whether transsexuals should be denied access to lockerrooms and bathrooms does not seem to end anytime soon. This is owingto the fact that there are as many people supporting the idea, asthere are those who are opposing. Denying the transsexuals access tolocker rooms and bathrooms is legitimate and has relevant reasons.Oftentimes, the transsexuals retain their genitalia before a surgerycan be carried out. Children who share these bathrooms and lockerrooms with the transsexuals can be exposed to genitalia of theopposite gender at a tender age. Further, the transsexuals can havetheir own bathrooms and locker rooms since they are not willing toaccept their birth sex3.Whereas personal rights are fundamental and must be respected, it isessential to note that a person’s rights should not traverse onanother person’s rights. Therefore, this denial of access tobathrooms and locker rooms does not amount to discrimination.Currently, it is hard for the country to come into a consensus overthis issue. This is owing to the fact that the people supporting andthose opposing are almost equal in number. Further, the issue hasalso taken a political dimension with the president taking a side.

The freedom of speech in college campuses is a right that thestudents have. However, it is essential to state that this right haslimits, and it should not be allowed to infringe on the rights ofother people. For example, students should not be allowed to usediscriminatory language on some set of people such as thetranssexuals in the name of freedom of speech. This freedom is yet tobe abused at levels that could raise alarm and it is, therefore,enough.

Bibliography

Vespa, Matt. “Poll: Vast Majority Of Americans Believe BathroomsShould Be Linked To Biological Sex.” Townhall, Feb 27, 2017. https://townhall.com/tipsheet/mattvespa/2017/02/27/poll-vast-majority-of-americans believe-bathrooms-should-be-linked-to-biological-sex-n2291328

Brown, Emma. “DeVos says she will protect students withdisabilities, but advocates aren’t convinced.” The WashingtonPost, Jan 26, 2017. https://www.washingtonpost.com/news/education/wp/2017/01/26/devos-says-she-will- protect-students-with-disabilities-but-advocates-arent onvinced/?utm_term=.9c711e285d74

Rosenthal, Brian. “Denied: How Texas keeps tens of thousands ofchildren out of special education.” Houston Chronicle, 2016.http://www.houstonchronicle.com/denied/1/

1 Vespa, Matt. “Poll: Vast Majority Of Americans Believe Bathrooms Should Be Linked To Biological Sex.” Townhall, Feb 27, 2017. https://townhall.com/tipsheet/mattvespa/2017/02/27/poll-vast-majority-of-americans-believe-bathrooms-should-be-linked-to-biological-sex-n2291328

2 Rosenthal, Brian. “Denied: How Texas keeps tens of thousands of children out of special education.” Houston Chronicle, 2016. http://www.houstonchronicle.com/denied/1/

3 Brown, Emma. “DeVos says she will protect students with disabilities, but advocates aren’t convinced.” The Washington Post, Jan 26, 2017. https://www.washingtonpost.com/news/education/wp/2017/01/26/devos-says-she-will-protect-students-with-disabilities-but-advocates-arent onvinced/?utm_term=.9c711e285d74