# data[].attributes.body
1) Students with disabilities have unique abilities and should be considered equal to everyone else. Their learning styles are just different.
2) When students with disabilities are facing discrimination, legal trouble is possible due to current laws in place.
3) As an educator, take the time to learn the laws and statutes involving students with disabilities.
4) Make every effort to provide quality education for all students not just those with disabilities.
5) As an educator, take the time to learn best practices through professional development and talking with peers.
6) Documentation will go along way in supporting you if legal matters arise.

# data[].attributes.body
This article offers practical steps educators can use to include students with disabilities. The article suggests using play as an anchor to inclusion. Play came happen across multiple settings and people.

Minero, E. (2020, July 2). How to improve students with disabilities’ sense of belonging. Edutopia. https://www.edutopia.org/article/how-improve-students-disabilities-sense-belonging/

# data[].attributes.attachment_link.readable_text
"Alone, isolated, left out: This is the way most students with special needs feel in school," says Jayne Clare, a veteran special education teacher. A study published in 2001 suggested that it's not just a feeling: Students with disabilities are often deliberately excluded by their peers in academic and extracurricular settings.

Ellen Stumbo, who is the mother of a child with Down syndrome, wrote in 2019 that at her daughter's school, students with disabilities were not included in the yearbook. Being excluded or separated from their peers at school events like field trips, award ceremonies, and dances was all too common, Stumbo noted.

Going Beyond Access: Reaching Inclusion

That's not the case at all schools, of course: Some, like McKinley Elementary School in Santa Monica, California, prioritize social inclusion throughout the school day, in part by focusing on how students interact in unstructured time like recess.

To meet the needs of students with disabilities-in particular their need to feel like they belong in the school community-McKinley has partnered with Inclusion Matters by Shane's Inspiration, a nonprofit that aims to eliminate bias toward children with disabilities through play.

The team at Inclusion Matters started out thinking that their mission was simply to remove the physical barriers to play for children with disabilities. But they quickly realized that they would have to address a variety of social barriers as well in order to help those children feel included.

"For children with disabilities to feel truly included, it requires looking at what the invisible barriers are-the misconceptions, the perception that they are somehow less capable, seen as less valuable than their peers without disabilities," says Marnie Norris, director of programs at Inclusion Matters.

To facilitate social interaction between students with and without disabilities, Inclusion Matters orchestrates field trips between general and special education classes to inclusive playgrounds, which are designed so that children with and without disabilities can play together throughout the whole site. It's a free program for public schools that has served over 45,000 students in more than 250 schools around the world.

Play is something that all kids-regardless of ability-can enjoy together, but simply throwing them together on the playground won't ensure that they play together. Inclusion Matters created an ability-awareness workshop to help general education students acknowledge and challenge their biases toward people with disabilities, as a way to remove one barrier to social inclusion.

Grouping two general education students with one special education student as buddies bypasses another roadblock by ensuring that students interact with each other. And by letting the general education students know their buddies' interests, abilities, and limitations beforehand, the workshop guides the students to enjoy each other and have fun.

After the field trip, general education students participate in a 45-minute reflection workshop in which they consider how their beliefs changed and how they'll interact with their peers with disabilities in the future.

"We've seen this program transform school campuses," says Norris. "We've seen schools go from having children with more severe disabilities who've never interacted with their peers to organically interacting with each other. It's transformative, and not as complicated as people might think it is."

Play is not the only way schools foster social inclusion, though. In February 2020, the 15th annual Super Kids Bowl in California's Hemet Unified School District featured cheerleaders and the marching band celebrating elementary special education students as they ran down the field and scored a touchdown with the football team.

Fairfax County Public Schools in Virginia brings middle and high school students with and without disabilities together to engage in service projects, giving them all a chance to develop relationships with their peers and do something useful for their community. Inclusion efforts can be simpler than that, too: Special and general education students at Salem Junior High and Salem High School in Ohio meet once a month in the library to have lunch and do activities together.

Working toward social inclusion can be as simple as talking with general education students about students with disabilities. "It's important that we be models for our students, and if we're afraid to talk about something, they'll think that means that something is wrong," says Ashley Benjamin, the principal of McKinley Elementary School.

Improving School Climate

Inclusion Matters' program has had a wide-reaching impact at McKinley Elementary. Parents of general education students have asked McKinley special education teacher Keylee Cubillas how they can include her students and their families at events and holiday parties. And the parents of Cubillas's students have told her that they're happy with the inclusion efforts. They want their children to be happy and to develop their social and adaptive skills, says Cubillas, and being included in the school community helps achieve both goals.

The buddy relationships deepen with time: "If any of Keylee's students pass us on campus, you would think they were a rock star with how excited my students are to see their buddies and interact with them," fourth-grade teacher Katy Buckner says.

Buckner also points out that the buddy relationships are not a form of charity, telling her students, "This isn't about you helping someone. That can be part of it, but it's also about what gifts do both buddies on both ends have to bring to each other."

Buckner has noticed her students learning sign language to communicate with their buddies and using person-first language instead of ability-centered language when talking about students or fictional characters with disabilities-they have developed greater empathy through their interactions with their buddies.

That's a process that takes time. Even when schools partner with organizations like Inclusion Matters, working toward inclusion is "not just one quick trip. It's something that has a lasting impact. It shapes how students act, think, and feel about differences. It's shaping who children are and how they're going to interact with others in the world and society," says Benjamin.

# data[].attributes.attachment_link.title
How to Improve Students With Disabilities' Sense of Belonging

# data[].attributes.attachment_link.description
By focusing on play, schools are finding ways to bring students with and without disabilities together, to the benefit of both groups.

# data[].attributes.body
*It is a school counselor's responsibility to treat students with dignity and respect. This can be found in Section A.1.a.
* Section A.11 says that school counselors are to assist in the development of policies, protocols, and training on bullying and harassment.
*As a school counselor, you can help steer the direction of the campus climate by providing a safe and inclusive environment among students and staff. This will allow students with disabilities feel less discriminated and included in their learning environment.

American School Counselor Association . (2022). American School Counselors Association’s Code of Ethics .

# data[].attributes.body
Child Find

34 CFR §300.111

Source of Law: Administrative Law

Child find is a requirement under IDEA to locate and evaluate students with a suspected disability. Child find also works with the community to bring an awareness to the public about possible assistance provided through their local school district.

# data[].attributes.attachment_link.provider_name
Child Find - Alice Independent School District

# data[].attributes.attachment_link.title
Child Find - Alice Independent School District

# data[].attributes.body
Assistive Technology Act

Assistive Technology Act, 29 U.S.C. § 3001

Statutory Law

Originally passed in 1988, the Assistive Technology Act brought awareness to the need for use of assistive technology. This act provides states with funding for assistive technology and allows those with disabilities to access assistive technology without fear of cost.

# data[].attributes.body
Americans with Disabilities Act of 1990 (ADA)

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq

Statutory Law

The Americans with Disabilities Act provides regulations on how public entities must modify and accommodate their spaces for individuals with disabilities. In the public school setting, ADA ensures that students with disabilities are not excluded from services or settings because of their disability.

# data[].attributes.body
The Individuals with Disabilities Education Act (IDEA) originally titled Education of the Handicapped Act

The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400

Statutory Law

Through Child find, IDEA requires public schools to find and evaluate students with a suspected disability. IDEA requires a team of professionals to assess a student in a nondiscriminatory way. IDEA also requires schools to create specialized instruction through IEPs for students with disabilities.

# data[].attributes.attachment_link.provider_name
Individuals with Disabilities Education Act

# data[].attributes.attachment_link.readable_text
§1400. Short title; findings; purposes

(a) Short title

This chapter may be cited as the "Individuals with Disabilities Education Act".

Congress finds the following:

(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94-142), the educational needs of millions of children with disabilities were not being fully met because-

(A) the children did not receive appropriate educational services;

(B) the children were excluded entirely from the public school system and from being educated with their peers;

(C) undiagnosed disabilities prevented the children from having a successful educational experience; or

(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.

(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.

(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.

(5) Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by-

(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible, in order to-

(i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and

(ii) be prepared to lead productive and independent adult lives, to the maximum extent possible;

(B) strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home;

(C) coordinating this chapter with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], in order to ensure that such children benefit from such efforts and that special education can become a service for such children rather than a place where such children are sent;

(D) providing appropriate special education and related services, and aids and supports in the regular classroom, to such children, whenever appropriate;

(E) supporting high-quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible;

(F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children;

(G) focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and

(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities.

(6) While States, local educational agencies, and educational service agencies are primarily responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a supporting role in assisting State and local efforts to educate children with disabilities in order to improve results for such children and to ensure equal protection of the law.

(7) A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals.

(8) Parents and schools should be given expanded opportunities to resolve their disagreements in positive and constructive ways.

(9) Teachers, schools, local educational agencies, and States should be relieved of irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes.

(A) The Federal Government must be responsive to the growing needs of an increasingly diverse society.

(B) America's ethnic profile is rapidly changing. In 2000, 1 of every 3 persons in the United States was a member of a minority group or was limited English proficient.

(C) Minority children comprise an increasing percentage of public school students.

(D) With such changing demographics, recruitment efforts for special education personnel should focus on increasing the participation of minorities in the teaching profession in order to provide appropriate role models with sufficient knowledge to address the special education needs of these students.

(A) The limited English proficient population is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation.

(B) Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education.

(C) Such discrepancies pose a special challenge for special education in the referral of, assessment of, and provision of services for, our Nation's students from non-English language backgrounds.

(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among minority children with disabilities.

(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population.

(C) African-American children are identified as having intellectual disabilities and emotional disturbance at rates greater than their White counterparts.

(D) In the 1998-1999 school year, African-American children represented just 14.8 percent of the population aged 6 through 21, but comprised 20.2 percent of all children with disabilities.

(E) Studies have found that schools with predominately White students and teachers have placed disproportionately high numbers of their minority students into special education.

(A) As the number of minority students in special education increases, the number of minority teachers and related services personnel produced in colleges and universities continues to decrease.

(B) The opportunity for full participation by minority individuals, minority organizations, and Historically Black Colleges and Universities in awards for grants and contracts, boards of organizations receiving assistance under this chapter, peer review panels, and training of professionals in the area of special education is essential to obtain greater success in the education of minority children with disabilities.

(14) As the graduation rates for children with disabilities continue to climb, providing effective transition services to promote successful post-school employment or education is an important measure of accountability for children with disabilities.

The purposes of this chapter are-

(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(B) to ensure that the rights of children with disabilities and parents of such children are protected; and

(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

(2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

# data[].attributes.attachment_link.title
Section 1400 - Individuals with Disabilities Education Act

# data[].attributes.attachment_link.description
Statute/Regs Main " Statute " Subchapter I (Part A) " 1400§1400. Short title; findings; purposes (a) Short title This chapter may be cited as the "Individuals with Disabilities Education Act".

# data[].attributes.body
Section 504

Rehabilitation Act of 1973, 28 U.S.C. § 35.104, 34 C.F.R. § 104.1

Statutory Law and Administrative Law

Section 504 of the United States Code is a civil rights code that requires schools to provide students with disabilities a free and appropriate education regardless of disability.  Any entity that receives federal funding must provide appropriate access to education. This is one of the first laws protecting the rights of individuals with disabilities from discrimination.

# data[].attributes.attachment_link.readable_text
OCR enforces the following laws and regulations that prohibit discrimination on the basis of disability in HHS-funded programs and activities.

Section 504 of the Rehabilitation act of 1973, as amended, (29 U.S.C. 794) prohibits discrimination against otherwise qualified individuals on the basis of disability:

Section 542 of the Public Health Service Act, as amended, (42 U.S.C. 290dd-1) bars discrimination in admission or treatment against substance abusers suffering from medical conditions by Federally-assisted hospitals and outpatient facilities. 45 C.F.R. Section 84.53

Title II of the Americans with Disabilities Act (42 U.S.C. 12131et. seq.). OCR is the "designated agency" to investigate complaints of discrimination on the basis of disability by state and local government health and social service agencies. 28 C.F.R. Part 35

Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. Section 794) prohibits discrimination on the basis of disability in electronic and information technology as they relate to programs and activities conducted by HHS. See the Accessibility Board 508 Homepage for more information.

Sections 794 and 855 of the Public Health Service Act, 42 U.S.C. 295m and 42 U.S.C. 296g, prohibits discrimination on the basis of sex (including pregnancy, sexual orientation, and gender identity) in Federally-Assisted Health Training Programs (45 CFR 83).

Section 508 of the Social Security Act (42 USC § 708) prohibits discrimination on the basis of age, race, color, national origin, disability, religion, sex (including pregnancy, sexual orientation, and gender identity) in the Maternal and Child Health Services Block Grant.

Section 533 of the Public Health Service Act (42 USC § 290cc-33) prohibits discrimination on the basis of age, race, color, national origin, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity) in Projects for Assistance in Transition from Homelessness.

Section 1908 of the Public Health Service Act (42 USC § 300w-7) prohibits discrimination on the basis of age, race, color, national origin, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity) in programs, services, and activities funded by Preventative Health and Health Services Block Grants.

Section 1947 of the Public Health Service Act (42 USC § 300x-57) prohibits discrimination on the basis of age, race, color, national origin, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity), in programs and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants.

The Family Violence Prevention and Services Act (42 USC § 10406) prohibits discrimination on the basis of age, race, color, national origin, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity) in programs and activities funded under this Act.

The Low-Income Home Energy Assistance act of 1981 (42 USC § 8625) prohibits discrimination on the basis of race, color, national origin, or sex (including pregnancy, sexual orientation, and gender identity) in programs and activities funded under this Act.

The Community Services Block Grant Act (42 USC § 9918) prohibits discrimination on the basis of race, color, national origin, or sex (including pregnancy, sexual orientation, and gender identity ) in programs and activities funded under this Act.

View Laws and Regulations Enforced by OCR.

# data[].attributes.attachment_link.title
Disability Laws, Regulations, and Guidance

# data[].attributes.attachment_link.description
Disability Laws, Regulations, and Guidance MP

# data[].attributes.body
*School counselors need to be made aware of these changes since they often deal with students under a 504 plan.
*The regulations under Section 504 have not changed since they were created.
*President Biden is desiring changes to be made to mental health support in elementary school all the way through college.

Arundel, K. (2022, May 6). Ed department begins review of often misunderstood Section 504 Rules. K-12 Dive. https://www.k12dive.com/news/ed-department-begins-review-of-often-misunderstood-section-504/623327/

# data[].attributes.attachment_link.title
Ed Department begins review of often misunderstood Section 504 rules

# data[].attributes.attachment_link.description
A public comment period will start the process for amending regulations for accommodations for students with disabilities in K-12 and higher education.

# data[].attributes.body
*As a school counselor, teach ways for students to be inclusive and then provide them with the opportunity to apply the skills they learn. As a school counselor, we are required to support every student and be their advocate even when it involves fellow peers.
*Everyone learns differently and you should learn with makes a student learn.
*Provide appropriate accommodations so that every student can succeed. Be supportive of every student including those with disabilities. This apart of the American School Counselor Associations code of ethics.

Will, M. (2023a, July 6). A teenager with disabilities implores educators: “be my champion.” Education Week. https://www.edweek.org/teaching-learning/a-teenager-with-disabilities-implores-educators-be-my-champion/2023/07

# data[].attributes.attachment_link.title
A Teenager With Disabilities Implores Educators: 'Be My Champion'

# data[].attributes.attachment_link.description
From cooperative learning to school projects, teachers can ensure that students with disabilities are fully included and supported.

# data[].attributes.body
The National Association of Special Education Teachers provides a whole series on inclusion. They talk about the legal aspects as well as way to include students with disabilities. They provide strategies and ideas that help students with disabilities. A resource such as this, is important. It allows you to educate yourself and others on the importance of inclusion.

Naset.org home page. NASET News Alert RSS. (2018, March 8). https://www.naset.org/publications/inclusion-series

# data[].attributes.attachment_link.readable_text
NASET is proud to offer a new series devoted exclusively to the concept of inclusion as a special education setting and working in an inclusive setting.. This series will cover all aspects of inclusion focusing especially on understanding this population and what skills and information are necessary if you are asked to teach this population of students. However, to understand who is included in this population we must first clarify several concepts, definitions, and foundational issues.

At the end of this series you should:

Understand concepts and terminology associated with inclusion.

Understand the different categories of exceptional students. To understand historical and legal development of special education and its relevance in today's schools.

To understand contemporary issues of educating students with mild disabilities, including foundations, theories, and conceptual models.

To understand the purpose and procedures for screening, pre-referral, referral, identification, and placement of students with mild disabilities.

To understand concepts and definitions, prevalence, and causes of mild disabilities.

To understand the legal rights of persons with mild disabilities.

To understand the related service options for children with mild disabilities

To gain knowledge of the physical, cognitive, and learning characteristics of persons with severe/profound disabilities

To be able to identify components of Individual Educational Plans for students with mild disabilities.

To develop instructional strategies and tactics for teaching the acquisition of new behaviors and skills to students with mild disabilities.

To develop skills for independently seeking information about educational and related services for students with mild disabilities.

To understand the procedures for developing, implementing and amending Individualized Education Programs (IEPs) for students with disabilities.

To understand methods of planning and managing teaching/learning environments for students with disabilities.

To become familiar with the use of instructional technology to differentiate instruction.

To become familiar with the use of assistive technology to facilitate instruction.

To become familiar with the development and implementation of positive behavioral interventions.

As you progress through this series, you will be presented with principles, foundations, classroom management techniques and other practical factors for working with students in an inclusive setting.

Latest and Archived Issues

Archived Issues:

Manifestation Determination Click here

Help! Get Me Out of Here: Inclusion in the High School Environment Click here

How Culture Affects Inclusion: A Literature Review Click here

Partnering for Greatness - Click here

Learners with Special Gifts and TalentsClick here

Exceptional Students - Click here

Least Restrictive Environment Placements - Click here

Accommodations, Modification and Supports for Students with Disabilities - Click here

Alternative Educational Delivery Systems - Click here

Promoting Positive Social Interactions in an Inclusion Setting for Students with Learning Disabilities - Click here

Teaching Students with Attention Deficit Hyperactivity Disorder - Click here

Teaching Students with Emotional and Behavioral Disorders - Click here

Teaching Students with Intellectual Disabilities - Click here

Teaching Students with Learning Disabilities - Click here

Learners with Autism Spectrum Disorders - Click here

Learners with Communication Disorders - Click here

Discipline of Students with Disabilities - Click here

Integrated Co-Teaching Services - Click here

Challenges to Collaboration, Inclusion and Best Practices within the Special Education Community - Click here

Preschool Inclusion Videos - Click here

# data[].attributes.attachment_link.description
The National Association of Special Education Teachers-national membership org for teachers, professors, and college students involved in special education

# data[].attributes.body
As a educator, we are to provide the best possible instruction to every student we encounter. Students with disabilities are no exception. A research journal from a previous class started this journey. I found that students with disabilities were often discriminated against because many have a belief that those students would not understand. I have personally seen these students grow. When students with disabilities are discriminated against, an educator or stakeholder can be in legal trouble for such acts.
Some emerging issues facing us today include the rebound from COVID. COVID significantly impacted the way students are educated and showed flaws in the education of students with disabilities. This brings up concerns about access and services. Students with disabilities struggled with adequate supports and parents began to see the flaws of our education system.

# data[].attributes.body
Hello everyone, My name is Rebecca Houston. I have been an educator now for six years. I currently work as a special education teacher. I have been in an Adaptive Education Unit for the last 5 and 1/2 years. This legal guide is designed with students with disabilities in mind. This information is important for all staff and stakeholders that are invested in education and student. I often come across teachers and staff who don't understand the implications of not providing a proper education to students with disabilities. This is the reason i chose to look into what the laws actually say about students with disabilities.