The Interaction of Immigrant Culture and the Law: Focus on Parental Discretion under IDEIA of 2004

Abstract

This article explores the potential impact traditional immigrant culture could have on the use of special education and related services for children with disabilities. Specifically, I focus on how traditional immigrant cultural attitudes towards disabilities may lead to an exercise of parental discretion to refuse special education and related services as allowed for under the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA). My thesis is that traditional immigrant cultural attitudes towards disability healthcare will cause immigrant families to refuse the use of special education and related services for children with disabilities. To explore this research question, I administered questionnaires to (72) recent immigrants to the St. Louis, Missouri metropolitan area who came to the region from the Republic of Bosnian-Herzegovina. The results proved counter to the extant literature regarding traditional immigrant cultural attitudes towards disability healthcare. When controlling for the amount of time respondents had lived in the United States vis-à-vis Bosnia, level of education, and the amount of experience respondents had with the American healthcare system, the results indicated that recent Bosnian immigrants to the United States' traditional immigrant cultural attitudes towards disability healthcare would not cause them to refuse use of special education and related services for children with disabilities. This research contributes to the literature because it demonstrates that 371 immigrant social support networks are a key factor in moderating the potential harmful effects of traditional immigrant cultural attitudes towards disability healthcare. This finding presents new insights and guidance into how communities can normalize the potential negative effects of the interaction of law and traditional immigrant culture.