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I am taking the perspective of a teacher in a K-12 setting. This legal guide can be used to aid teachers in understanding how students with special education needs are identified and what steps are taken upon indentification. I selected this topic, because I am new to the profession and wanted to find out more information on the process of identifying students with special education needs in a school setting.

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For this legal guide assignment, I intervied Jaclyn Ellison. She is a third grade teacher at McGill Elementary. The topic of special education identification is important in this field for several reasons. First,  there are many policies revolving around students with special education needs. These students are entitled to special education services. Next, it is part of the teacher's responsibility to help identify students who require evaluations as teachers spend a majority of the day with the students. Teachers are expected to know the process of special education identification. Best practices include:

collaboration with other teachers, counselors, and administrators

paying attention to student progress

staying up to date on the laws and procedures regarding special education identification (J. Ellison, personal communication, December 2, 2019).

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Link: http://pubs.cec.sped.org/web1708a/
This is a webinar on the Council for Exceptional Children's website. The purpose of this webinar is to inform educators on how to assess English Language Learners' (ELL) special education eligibility. After viewing this webinar, one will be able to understand laws pertaining to this topic, how to avoid discrimination, and develop IEP's and goals for ELL students (Council for Exceptional Children, 2017).

Council for Exceptional Children. (Producer). (2017). Webinar: What's different in the special education assessment for English learners? [Video Webinar]. Retrieved from http://pubs.cec.sped.org/web1708a/

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This article discusses how to keep Texas special education enrollment low. Texas set a performance indicator of 8.5% for special eduation enrollment which caused districts to deny services to thousands of students to adhere to this percentage. Instead of special education services, students were give Section 504 plans. Another issue discussed in this article is that minority students minority students are less likely to receive special education services. One reason for this is that parents who do not speak English struggle to have their child evaluated. To sum it up, Texas has above-average rates for disability risk factors but some of the lowest special education rates in the country (Samuels, 2016). This article informs the current state of the issue by suggesting that students who are identified as students with special education needs only receive Section 504 plans. Also, it brings to light the issues faced by minority students. These students are often not provided with the opportunity to be evaluated or identified.
Link: https://blogs.edweek.org/edweek/speced/2016/09/how_texas_keeps_special_educat.html

Samuels, C. (2016). How Texas keeps special education enrollment low. Retrieved from https://blogs.edweek.org/edweek/speced/2016/09/how_texas_keeps_special_educat.html

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This article informs the issue by stating that:

people are concerned about special education as functional law

children with disabilities are not always identified

there is not enough funding for special education

Furthermore, school districts must seek out and evaluate any student that may have a disability. This is called child find. However, the special eduation rates dropped due to response to interventions. Unfortunately, Texas was responsible for failing to identify and evaluate students properly. Other issues related to special education identification include lack of funding and being a minority (Samuels, C).
Link: https://www.edweek.org/ew/articles/2019/01/09/special-education-is-broken.html

Samuels, C. (2019). Special education is broken. Retrieved from https://www.edweek.org/ew/articles/2019/01/09/special-education-is-broken.html

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Slide #6: Original Law - Federal Statutory Law

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Slide #6: Original Law - Federal Statutory Law

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A parent or state educational agency may request an initial evaluation to determine if a child has a disability. If a parent fails to give consent, the agency may proceed following specific procedures, but if the parent refuses consent then the agency will not provide services to the child (20 USC § 1414(a)).
Link: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1414&num=0&edition=prelim

Education of Individuals with Disabilities, 20 USC § 1414(a)

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Slide #7: Original Law - Federal Administrative 

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Slide #7: Original Law - Federal Administrative 

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Public education agencies must conduct initial evaluations before services are provided for special education. Correct procedures must be followed regarding parental consent (34 CFR § 300.301).

Link: https://gov.ecfr.io/cgi-bin/text-idx?SID=e820b3694fdc828cb4c461accd9d20f7&mc=true&node=se34.2.300_1301&rgn=div8

Initial Evaluations, 34 CFR § 300.301

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Slide #8: Original Law - Federal Constitutional

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Slide #8: Original Law - Federal Constitutional

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Citizens of the United States shall not be abridged of privileges, immunities, life, liberty, property, or be denied equal protection of the law (U.S. Const. amend. XIV).
Link: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_18_(1919)

U.S. Const. amend. XIV

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Slide #9: Original Law - Federal Judicial

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Slide #9: Original Law - Federal Judicial

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Endrew F. was a student with autism. His parent believed he was not receiving a free appropriate public education (FAPE). This supreme court case ruled that under IDEA schools must provide an education that reasonably allows students to make progress (Endrew F. v. Douglas County School District RE-1, 2017).
Link: https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

Endrew F. v. Douglas County School District RE-1 580 US (2017)

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Slide #10: Local Administrative Law/Policy/Rule

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Slide #10: Local Administrative Law/Policy/Rule

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San Angelo ISD adheres to the Child Find policy. Child Find is the process of finding students with disabilities that need special education (San Angelo ISD, 2015).

San Angelo ISD. (2015). Child find. Retrieved from https://www.saisd.org/Departments/SpecialEducation/ChildFind.asp

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The Educator's Code of Ethics states, "the educator shall comply with state regulations, written local school board policies, and other state and federal laws." I chose this standard, because it specifically states that educators must follow federal, state, and local laws and policies. In this case, educators must abide by the laws and policies related to the identification of students with disabilities and students who need special education services.

Educator's Code of Ethics, 19 Tex. Admin. Code § 247.2

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The Texas Education Agency has a webpage specifically about special education. This would be a good source for educators to utilize to find information, data, policies, and other helpful information about special education in the state of Texas (Texas Education Agency, 2019).
Link: https://tea.texas.gov/Academics/Special_Student_Populations/Special_Education

Texas Education Agency. (2019). Special education. Retrieved from https://tea.texas.gov/Academics/Special_Student_Populations/Special_Education

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Slide #13: Recommendations/ Best Practices for Compliance

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Slide #13: Recommendations/ Best Practices for Compliance

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Recommendations and best practices for complying to laws surrounding special education identification include:

following all policies laid out by one's school (19 TAC § 247.2)

following all state and federal laws that may not be specifically laid out by the school

avoiding any biases and stereotyping based on race (Samuels, 2016)

ensuring that respect is given to students and families (J. Ellison, personal communication, December 2,  2019).

collaborating with other educators such as administrators and counselors (J. Ellison, personal communication, December 2, 2019)

continuing to be educated on the topic by attending trainings or viewing webinars

Educator's Code of Ethics, 19 Tex. Admin. Code § 247.2
Samuels, C. (2016). How Texas keeps special education enrollment low. Retrieved from https://blogs.edweek.org/edweek/speced/2016/09/how_texas_keeps_special_educat.html

Samuels, C. (2016). How Texas keeps special education enrollment low. Retrieved from https://blogs.edweek.org/edweek/speced/2016/09/how_texas_keeps_special_educat.html