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1. Professional Perspective, Audience, Topic

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1. Professional Perspective, Audience, Topic

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My professional perspective is that of a future elementary school counselor.

The topic of Special Education laws, especially regarding behavior and discipline, is extremely important to be aware of to school counselors due to a rising number of students receiving special education services in schools. Along with a rising number of behavioral challenges that counselors are seeing in schools, it is important, now more than ever, to ensure staff are knowledgeable and well trained in this topic. I often work with the students who are presenting difficult behaviors and can find themselves in disciplinary situations. As an advocate for these students, I needs to remain up to date on legal and ethical best practices.

Any school counselors, special education staff, general education teachers with inclusion students, and administrators such as principals and vice principals would benefit from learning the information presented in this assignment regarding special education and discipline practices.

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The sole governing agency, of education, in general, at the federal level is the U.S. Department of Education. The Dept. of Educ. was created in 1980 by combining different agencies with the goal of creating laws, regulations, and policies to promote student achievement in the United States. (U.S. Department of Education, 2024) More specifically, the Dept. of Educ. oversees state mandated laws to protect the rights of special education students and upholds the equal treatment of all students. Within the Dept. of Educ., there are smaller groups of individuals who are tasked with creating federal regulations such as the Individuals with Disabilities Act (IDEA).

The governing agency of education at the state level is the Texas Education Agency (TEA). TEA oversees public education in the state of Texas by providing leadership, guidance, and support to schools. (Texas Education Agency, 2022) They enforce federal standards by creating mandates that align with federal regulations, while also keeping in mind the state of Texas' unique population and needs.

Accountability for remaining compliant with specials education laws, specifically regarding behavior and discipline, falls on the school districts. Special education staff, the special education coordinator, and administrators must be well versed in the laws, regulations, and policies at the federal and local levels to ensure no chance of lawsuit or reprimand by TEA or the Dept. of Educ.

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3. Federal and State Constitutional Laws

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3. Federal and State Constitutional Laws

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Federal Constitutional Law: As stated in the U.S. Const. amend. XIV, § 2, every child, regardless of disability, has a right to a free and public education (FAPE). Meaning, every child, regardless of disability, cannot be denied their right to this free and public education, by removing students from their typical placement for disciplinary reasons.

As stated in the U.S. Const. amend. X, the United States allows each individual state to be in charge of and regulate school districts how they see fit. Meaning, while there are certain federal laws put in place that regulate schools, the individual states still have some freedom to implement regulations that apply to their unique area, population, and needs.

State Constitutional Law: According to the Texas Const. Article VII § 1, of the Texas Constitution, it is required that the state maintain a system of public free schools. This means that the school districts must put systems in place to protect all students, regardless of disability, or any other determining factor.

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

https://constitution.congress.gov/constitution/amendment-10/

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

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Federal Level Statute: The Individuals with Disabilities Education Act (IDEA) ensures special education and related services are provided to students with disabilities. It also protects the rights of students who may have behavioral issues due to their disabilities.

An amendment made to IDEA was made public law 114-95 and is called the Every Student Succeeds Act of 2015. This statute regulates interventions given to students with disabilities in order to ensure equity of opportunity and treatment of every student.

State Level Administrative:

Texas education code 37.0021 states that the use of confinement, restraints, and time-out is prohibited as discipline if the behavior is a manifestation of the disability. We also must treat every student with dignity and respect. (2 Tex. Educ. Code § 37.0021) This is when knowing and having relationships with the students comes in handy, because, as the counselor, I will need to be able to articulate my thoughts about when a student's behaviors are related to their disability.

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004)

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In the case of Honig vs Doe, a minor student with emotional disturbance injured another student and was suspended and then expelled due to the behavior. After graduating and becoming aware of more, similar incidents involving other students. The former student filed a lawsuit against the superintendent, claiming he was denied his right to a free, public education. (Honig v. Doe, 484 U.S. 305)

The court ruled in favor of the student, stating that a student with diagnosed disabilities can not be out of placement for more than 10 days, but that other disciplinary action, such as detention, is appropriate.

Because of this, a law was put into place, restricting schools from removing students receiving special education services from their placement for more than 10 days throughout the school year. (Individuals With Disabilities Education Act, 20 U.S.C. § 300.530 (d) (2004))

This affects my role as a school counselor because I will be pulled in to assist with students who have severe behavioral issues and counseling will be used as an intervention along with in-school disciplinary action.

https://sites.ed.gov/idea/regs/b/e/300.530/d

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Section 300.536 of IDEA has an overarching mandate that governs the change of placement of a student with disabilities for disciplinary reasons. It states removal can not exceed 10 consecutive school days, or be a pattern of removal that exceeds 10 consecutive school days. (Individuals With Disabilities Education Act, 20 U.S.C. § 300.536) Noncompliance with regulation can result in due process and judicial hearings.

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Harper ISD Student Code of Conduct (2024), states that in terms of students with disabilities, the school district shall comply with state and federal laws regarding discipline and behavior management and remediation. In accordance with the Texas Education Code, a student who receives services in special education for a disability may not be disciplined for behavior that is considered bullying, cyberbullying, or harassment until an Admissions Review, and Dismissal (ARD) committee meeting met to review the conduct. (Harper ISD Discipline Management Plan & Student Code of Conduct, 2024)

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Strategy 1: Train staff on preventative behavioral strategies. As a counselor, I can host yearly professional development trainings for teachers to inform them about effective deescalation techniques for not only all students, but especially special education students who are diagnosed with an array of disabilities such as emotionally disturbed (ED) and oppositionally defiant (OD).

Strategy 2: Ensure special education staff and administrators are up to date on current laws regarding special education and discipline. Also, remaining compliant with hosting Annual, Review, Dismissal (ARD) meetings to discuss if a behavior is related to a students disability before assigning a consequence.

Strategy 3: Track behavior referrals by creating a system to keep up with the number of days students may be out of placement due to behavioral reasons.

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As stated in the American School Counselor Association's Ethical Standards for School Counselors (2022), it is a school counselors ethical duty to "advocate for equitable, anti-oppressive and anti-bias policies and procedures, systems and practices, and provide effective, evidence-based and culturally sustaining interventions to address student needs. (§ A.J) This is especially important when those student needs happen to be behavioral.

According to the Council for Exceptional Children’s code of ethical principles regarding discipline, educators should not implement corporal punishment with students with disabilities and always advocate for the fair and equal treatment of students with exceptionalities. (Council for Exceptional Children, 2023)

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American School Counselor Association. (2022). ASCA ethical standards for school counselors.

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Brennan, W. J. & Supreme Court Of The United States. (1987) U.S. Reports: Honig v. Doe, 484 U.S. 305. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep484305/.

Council for Exceptional Children (CEC). (2023) Ethical principles and practice standards. Special education professional and ethical

principles.

https://exceptionalchildren.org/standards/ethical-principles-and-practice-standards#:~:text=Do%20not%20engage%20in%20t

he,to%20receive%20an%20appropriate%20education.

Discipline, 2 Tex. Educ. Code § 37.0021

Individuals With Disabilities Education Act, 20 U.S.C. § 300.530 (d) (2004).

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004)

Tex. Const. Article VII § 1.

Texas Education Agency. (2022). About tea. https://tea.texas.gov/about-tea

U.S. Const. amend. XIV, § 2.

U.S. Const. amend. 10

U.S. Department of Education. (2024). About ED https://www.ed.gov/

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As a counselor, I will be tasked with upholding the law in regards to the students that I see that are receiving special education services.

As a counselor, I will always work in the best interest of my students and I will be an advocate for their best placement, best interventions to implement, and best practices to use when intervening with behavioral concerns.

As a counselor, I will not be directly responsible for giving disciplinary consequences for student behavior. However, I will involved in the decision for what I believe is best appropriate based on the students' unique disabilities and needs.

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11. Recommendations/Best Practices for Compliance 

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11. Recommendations/Best Practices for Compliance 

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Preventative strategies to ensure compliance with special education laws regarding discipline. These best practices should be done as a way to prevent behaviors from happening or lessen the chances:

Start each year by building meaningful relationships with students

Ensure that there is at least one influential adult on campus that each child loves, trusts, and has developed a relationship with

Make meaningful communication with families as a way to get them involved with their child's success

Promote positive behaviors by implementing campus wide expectations and Positive Behavior Interventions and Supports (PBIS) strategies

Best practices to do throughout the school year to ensure compliance:

Ensure staff are trained in up to date special education laws. Yearly SPED updates during the beginning of year teacher inservice is a great time for all staff to be informed.

Have a specific plan for addressing certain behaviors.

Set goals for students to reach regarding their difficult behaviors and discuss them frequently in ARD meetings.

Regularly discuss situations with staff to keep them informed and expose them to scenarios they may run into throughout the year.