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My field of education is school guidance counseling. School counselors are social-justice advocates who are tasked with supporting students and working collaboratively with key stakeholders to create safe school environments. The American School Counselor Association (ASCA) Ethical Standard A.1.a. states that school counselors “have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals” (ASCA, 2016, p. 1). The American School Counselors (ASCA) 2012 Competency I-A-6 states counselors must demonstrate “Collaborations with stakeholders such as parents and guardians, teachers, administrators and community leaders to create learning environments that promote educational equity and success for every student” (p. 2).

The topic of my Legal Guide is informing school counselors about issues relating to school discipline and suspension for special education students. With a rise in student behavior problems in schools across America, educators are growing more concerned with litigation issues and addressing disruptions in the school setting. I selected this topic because as school counselors, we play a crucial role in ensuring schools are safe. School counselors must consistently advocate for students and collaborate with key stakeholders to ensure legal and district guidelines are followed to reduce errors when addressing behavior issues and to ensure actions and decisions regarding this topic are fair and in the best interest of the student.

References

American School Counselor Association. (2012). The ASCA national model: A framework for

school counseling programs (3rd edition). Alexandria, VA: Author

American School Counselor Association. (n.d.). ASCA School Counselor Competencies.

Retrieved from https://www.schoolcounselor.org/asca/media/asca/home/

SCCompetencies.pdf

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Topic Selection and Importance:

I interviewed Ms. Tiffany Cameron, an assistant principal at H. Grady Spruce High School in the Dallas Independent School District. With a rise in student behavior problems in schools across America, educators are growing more concerned with litigation issues and addressing disruptions in the school setting. Informing school counselors about issues relating to school discipline and suspension for special education students is an important topic in the field of education because keeping schools safe is top priority in most school districts across the nation. Communicating student code of conduct and discipline rules to students and families is important and essential in minimizing behavior or discipline problems. Administrators must work closely with school counselors and other key stakeholders to ensure students with disabilities receive a free and appropriate public education in the least restrictive environment even if they demonstrate behaviors that violate the code of conduct. Implementing best practices is key in ensuring legal and district guidelines are followed to reduce errors when addressing behavior issues and to ensure actions and decisions regarding this topic are fair and in the best interest of the student.
(T. Cameron, personal communication, September 25, 2019)

Best Practices:

·         Allow students, especially students with special needs, opportunities to master developmentally appropriate behavior that allow them to lean, share, and cooperate with their peers and adults.

·         Students with disabilities who struggle to understand or respond to components of a discipline code or school rule should have those behaviors addressed in their Individualized Education Program (IEP).

·         Administrators, counselors, parents, health professionals, and community members must work together to ensure all students, including students with disabilities, receive a quality education and that schools are safe.
(T. Cameron, personal communication, September 25, 2019)

Emerging Topic:

An area emerging issue related to this topic is homelessness. Poverty is a major impact on students and learning. More students, including students with disabilities, are dealing with the issue of homelessness. Students in this situation are forced to deal with difficult and interrelated challenges that might greatly impact learning and academic success.
(T. Cameron, personal communication, September 25, 2019)

Interview Candidate:

Ms. Tiffany Cameron

Assistant Principal

Spruce High School (Dallas Independent School District)

https://www.dallasisd.org/spruce

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National Association of Special Education Teachers (naset.org)

This publication addresses discipline of students receiving special education services. The Individuals with Disabilities Act (IDEA) provides specific guidelines to address the disciplinary actions schools may take when a student with a disability violates a local code of student conduct. The resource highlights the importance of retrieving a copy of your local school district or State policy to determine acceptable and unacceptable student conduct for students receiving special educational services.

Resource Link: https://www.naset.org/index.php?id=3106

Reference

National Association of Special Education Teachers (2019). General authority of school personnel. Retrieved from https://www.naset.org/index.php?id=3106

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Article Title: School discipline: “Are students with disabilities suspended more
frequently than otherwise similar students without disabilities?” by Samuels (2019)

This article discusses results of a study conducted to evaluate school suspensions among students with disabilities. The following points were determined according to the study:

·         Race, compared to enrollment in special education services, appears to be a factor driving disproportionate suspension rates.

·         Enrollment in special education is not linked to having a higher rate of suspension (controlling other factors).

·         Special education students in certain disability categories, including emotional and behavioral disturbance and speech language impairment, are not at a higher risk of suspension compared to students with no disability.

·         Black and Hispanic students with disabilities were not suspended more frequently than White students with disabilities.

Article Link: https://www.edweek.org/ew/articles/2019/01/23/school-discipline-1.html

Reference

Samuels, C. A. (2019, January 22). School discipline: “Are students with disabilities suspended more frequently than otherwise similar students without disabilities?” Retrieved from https://www.edweek.org/ew/articles/2019/01/23/school-discipline-1.html

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Article Title: Federal Judge: Ed Dept Illegally Delayed Obama-era Special Education Rule by Harper (2019)

·         A federal judge ruled that U. S. Education Secretary Betsy De Vos delayed an Obama-era regulation to mandate states examine and address racial disparities in special education.

·         The rule, drafted under the Individuals with Disabilities in Education Act (IDEA), requires states to enforce a “more consistent, standardized disproportionality” when identifying and disciplining minority students with special needs.

·         U. S. District Court Judge Tanya Chutkan ruled that the Education Department failed to thoroughly explain delay of the 2016 regulations.

·         Statistics support the notion that minority students are often improperly enrolled in special education services and that students of color are often placed in special education services due to socioeconomic inequalities and social injustices.

·         The Equity in IDEA rule address the over-representation, inappropriate placement, and over-discipline of students of color in special education.

·         The Court ruled to enforce “significantly disproportionality” regulations.

·         Officials believe this ruling will help schools who have previously discriminated against children ensure those students receive early intervention services as opposed to suspensions or expulsions from school.

Article Link: https://www.educationdive.com/news/federal-judge-ed-dept-illegally-delayed-obama-era-special-education-rule/550186/

Reference

Harper, A. (2019). Federal judge: Ed dept illegally delayed Obama-era special education rule. Retrieved from https://www.educationdive.com/news/federal-judge-ed-dept-illegally-delayed-obama-era-special-education-rule/550186/

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Individuals with Disabilities Education Act, 20 U.S.C. § 1450 (2004)-Federal Statute-The Individuals with Disabilities Education Act (IDEA), passed in 1975 and amended in 2004, outlines special education laws for schools across the nation. It provides specific guidelines and criteria to help schools evaluate and assist students suspected of having a disability. IDEA provides protection and free public education for children suspected of having emotional disturbances such as bipolar disorder or depression. The laws also offer parents of students with disabilities provisions and legal rights. IDEA laws protect children as early as birth through the age of 21. It covers students in public and private school settings, although some limitations apply to services offered by private schools. It also provides early intervention services for children age and under along with special education services to elementary, middle, and high school students in public schools.

https://www.law.cornell.edu/uscode/text/20/1400

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Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394-Federal Statute- Section 504 of the Rehabilitation Act of 1973 (also known as Section 504), provides a broader definition of a disability than IDEA. Section 504 might provide services and support to students who do not qualify for special education services under IDEA. To receive 504 services, students must demonstrate a physical or mental disability that severely interferes with at least one major life activity such as learning (Pacer Center, 2012). Other major life activities include the ability to think, speak, concentrate, and interact with others (Durheim, 2018).

Resource Link: https://www.wrightslaw.com/info/sec504.index.htm

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Endrew F. v. Douglas County School District RE-1, 580, U.S. (2017)-Judicial Law-In this Supreme Court case, the parents of a fifth-grade autistic student argued that their child did not make measurable progress according to his IEP goals and claimed their son’s behavior problems worsened because the school failed to provide appropriate measures aligned with goals stated in his IEP. The parents requested a “meaningful educational benefit” standard and asked the Supreme Court to resolve their educational benefit question. The Supreme Court addressed the Free Appropriate Public Education (FAPE) requirement in Board of Ed. Of Hendrick Hudson Central School Dist., Westchester City. v. Rowley, 458 U.S. 176. This requirement guarantees an adequate educational program for all eligible children. This requirement is met if the student’s IEP outlines an educational program that is “reasonably calculated” and ensure the child receives appropriate educational benefits. The Endrew F. case enhances efforts to improve academic outcomes for students with disabilities. The decision in Endrew F. clarified FAPE requirements and emphasized the importance of establishing clear guidelines about how appropriate instruction and services for each child with a disability and placement of students with disabilities is determined.

https://www.wrightslaw.com/law/caselaw/2017/ussupct.endrew.douglas.15-827.pdf

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The Fourteenth Amendment of the U. S. Constitution-Constitutional Law- granted citizenship and equal legal and civil rights to former slaves emancipated after the Civil War. The first section of the amendment includes several clauses including the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. (U.S. Const. amend. 14). The Due Process Clause provides provisions to ensure individuals receive fair procedures relative to life, liberty, and property.

Resource Link: https://www.law.cornell.edu/constitution/amendmentxiv

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Texas Education Code § 37.001-Student Code of Conduct-State Statue-This law requires each school district to develop and adopt a student code of conduct that outline standards for student conduct and types of behavior that might lead a student to get in trouble at school. The student code of conduct must outline a variety of standards including those that specify circumstances under which a student may be removed from a classroom or school campus, conditions that might require a principal or administrator to transfer a student to a disciplinary alternative education program, or conditions that might require a student to be suspended or expelled from school.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

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American School Counselor Association (ASCA) Ethical Standard A.1.a.

The American School Counselor Association (ASCA) Ethical Standard A.1.a. states that school counselors “have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals” (ASCA, 2016, p. 1). School counselors are social-justice advocates who are tasked with supporting students and working collaboratively with key stakeholders to create safe school environments. As educators, we must apply our knowledge of due process when addressing discipline and student behavior problems in schools. We must understand that each case is unique and different. We must become familiar with specific laws and procedures to help us make legal and ethically sound decisions when handling student behavior problems

Resource Link: https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Reference

American School Counselor Association Ethical Standards for School Counselors (2016).

Retrieved from
https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Positive Discipline for Children with Special Needs: Raising and Teaching all Children to Become Resilient, Responsible, and Respectful paperback by Foster & Raphael (2011).

This book addresses the specific challenges that parents and teachers of children with special needs face in the school and home environments. The book offers advice and suggestions for supporting students with disabilities in positive ways to promote safe and healthy learning environments.

Resource Link: https://www.amazon.com/Positive-Discipline-Children-Special-Needs/dp/030758982X

Reference

Nelson, J., Foster, S., & Raphael, A. (2011). Positive discipline for children with special needs: Raising and teaching all children to become resilient, responsible, and respectful paperback. New York, NY: Three Rivers Press.

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#13 Bulleted list of Recommendations/Best Practices for Compliance

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#13 Bulleted list of Recommendations/Best Practices for Compliance

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·         Teach all students, including students with disabilities the code of conduct and discipline rules to ensure families know and understand the code.

·         Allow students, especially students with special needs, opportunities to master developmentally appropriate behavior that allow them to learn, share, and cooperate with peers and adults.

·         Acknowledge marginal, minimal, and developmentally standard levels of mastery when teaching code of conduct to students with special needs.

·         Students with disabilities have a right to a free and appropriate public education even if they demonstrate behaviors that violate the code of conduct. In addition, this free and appropriate public education should be provided in the least restrictive environment.

·         Students with disabilities who struggle to understand or respond to components of a discipline code or school rule should have those behaviors addressed in their Individualized Education Program (IEP). The school’s special education program and related services should work with the child, families, and medical professionals to establish a plan to reduce disruptions caused by specific disorders or disabilities (i.e. disruptions caused by a student with Tourette’s Syndrome).

·         The special services program along with the IEP team must review code of conduct rules to determine specific interventions and instructional supports needed to ensure the student understands discipline rules and can consistently demonstrate appropriate behaviors in the school setting.

Reference

Dwyer, K.P. (1997). Disciplining students with disabilities. Retrieved from

https://www.wrightslaw.com/info/discipline.stud.dis.dwyer.pdf