Los alumnos con bajo desempeño funcionalrealidad invisible en una escuela que olvidó su cometido

Resumen

When we look back, we can glimpse the change that has occurred in the existing conception towards people who are in a situation of disability; a slight transformation caused – in part – by the growing awareness of difference as something inherent in the human being. Undoubtedly, these are small transformations induced towards the current social fabric, by virtue of which we move towards the understanding of a fact: that the treatment of people with poor functional performance is a human rights issue. In this sense, it is absolutely essential to know the way in which society has conceived and defined disability (that history of the so-called special education), as well as the legislative evolution that regulates the situation of the same, so that it is possible to establish a coherent action between the corpus juris and its practice. Likewise, people who are in a situation of discrimination due to poor functional performance have suffered mistreatment through a specific language, which has been constituted as a hegemonic instrument used to conceptualize this population. The purpose is to discuss – through a qualitative methodology of comparative analysis – the observance of the educational legislation in force since the ratification by Spain – in 2008 – of the International Convention on the Rights of Persons who are in a situation of discrimination on the grounds of poor functional performance (UN, 2006), highlighting the shadows and ghosts that educational regulations show today.