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School counselor for students K-12

Topic: Individuals with Disabilities Education Act (IDEA) Requirements.

I chose this topic to become more educated on the requirements and implementation in the school setting.

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As a teacher for special education students, the Individuals With Disabilities Education Act is important to assure that every student receives the support they need to succeed. However, with the law open to interpretation of what a free and appropriate public education (FAPE) in the least restrictive environment (LRE) looks like, there is much controversy over the placement of students and the kind of services they receive. Many believe that IQ, ability and even behaviors should help in determining which educational setting a child should be placed in and that it is not “fair” to have an individual in a general education class that takes away from the education of  other students. While this is an ongoing discussion among teachers, psychologists, and administration, the pendulum of education and the direction that it is swinging in, greatly affects how the mandates under IDEA are interpreted.

Best Practices

·      Make sure students receive the support they need to be successful.

·      Provide services to students that they need to be successful before it is “too late.”

·      Communicate with parents and develop a positive relationship, letting them know they are valued members of their child’s educational team.

Emerging Issue

FAPE (free and appropriated public education and LRE (least restrictive environment) are at the forefront of special education programs across the country. The current education trends are moving away from programs that are not inclusive such as special day classes and moving towards inclusion. With the desire to have typical peer models, more parents are asking for placement for their child in a general education class with special education services and supports.

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During the global pandemic, the methods used to deliver a “free and appropriate public education (FAPE) may look different to ensure the health and safety of students with disabilities. This fact sheet created by the Department of Education provides information regarding guidelines, assistance with technology, and flexibility under the federal disability law to ensure that educators fulfill their legal obligations under the Individuals With Disabilities Education Act and students continue to receive a meaningful and appropriate education.

Link: https://www.naset.org/index.php?id=5429

Citation:
NASET. (2020). Supplemental fact sheet - Addressing the risk of COVID-19 in preschool, elementary and secondary schools while serving children with disabilities. Retrieved from https://www.naset.org/index.php?id=5429

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Betsy Devos Sees 'No Reason' to Waive Core Elements of Special Law Education

o  With the world in the middle of a pandemic, schools and educators struggle to the ensure requirements mandated under the Individuals With Disabilities Education Act (IDEA) are met.

o  U.S. Secretary of Education is recommending that no waivers should be issued from the sections of the act that guarantees individuals with disabilities a “free and appropriate public education (FAPE) in the least restrictive environment.”

o Districts are concerned with the legal implications if parents make the choice to sue if they feel their child’s needs and rights have not been protected.

Link: https://blogs.edweek.org/edweek/campaign-k-12/2020/04/betsy-devos-special-education-no-reason-waive-core.html

Citation:
Ujifusa, A. (2020). Betsy Devos sees 'no reason' to waive core elements of special law education. Retrieved from  https://blogs.edweek.org/edweek/campaign-k-12/2020/04/betsy-devos-special-education-no-reason-waive-core.html

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Groups Seek to Ease Special Education Funding Mandate as Schools Respond to Pandemic

o  Educational Institutions are facing challenges to maintain consistent funding levels for special education due to the Covid-19 pandemic.

o  When schools were suddenly forced to close, districts had to restructure their staff and resources in an effort to provide an on-line education to students.

o  Preparing to re-open in the fall with additional expenses to meet the protocol for student and staff health and safety, districts are afraid they will be penalized for failing to preserve the required funding for students with disabilities under the “local maintenance requirements” stated in IDEA.

o  Requests from educational organizations that ask Congress to waive this provision were not recommended by U.S. Secretary of Education.

Link: https://blogs.edweek.org/edweek/campaign-k-12/2020/05/special-education-idea-coronavirus-spending.html

Citation:
Blad, E. (2020). Groups seek to ease special education funding mandate as schools respond to pandemic. Retrieved from https://blogs.edweek.org/edweek/campaign-k-12/2020/05/special-education-idea-coronavirus-spending.html

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·      Constitutional Law: Texas Constitution- (Texas Const. art.1 § 3)

o  Provides protection against being denied equality under the law because of sex, race, color, creed, or national origin.

o  All persons will be treated equally and have the right to due process under the law.

o  This law was the foundation that provided protection for all people, and would later provide those same protections for individuals with disabilities.

Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

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o Judicial Law: Mills v Board of Education of the District of Columbia. 348 F. Supp 866 (D.D.C. 1972)

o  Established accountability of states and local agencies to provide education to all students.
o  Stated that no child could be excluded from receiving a public education because of a disability.

o  Established procedures for due process that would ensure the rights of every child.

Link: https://law.justia.com/cases/federal/district-courts/FSupp/348/866/2010674/

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o  Statutory Law: Individualized Education Program-Statewide Plan (TEC§29.005)

o  A statewide plan must be developed, consistent with federal law to provide services to children with disabilities
o  Ensures students with disabilities are provided the opportunity to participate in activities within the general education population, when possible.

o  Ensures an individualized educational program for each student is developed, implemented, and maintained in the least restrictive environment (LRE)

Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm

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o  Administrative Law: Section 504 of the Rehabilitation Act of 1973 (29 USC § 794).

o  Individuals with disabilities cannot be excluded from participation in or under any program that receives federal funding.

o  Prohibits children with disabilities from being denied access to a public education.

o  Requires that children with disabilities receive accommodations to  guarantee their academic achievement and access to the educational setting.

Link: https://uscode.house.gov/view.xhtml?req=29+USC+%A7+794&f=treesort&fq=true&num=81&hl=true&edition=prelim&granuleId=USC-prelim-title29-section794

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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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Santa Maria Joint Union High School District 2019-2020 Parent Student Handbook-

Program, Supports and Services (Part 3 § 1).

o  When examining the best setting for providing educational services and supports, the Individualized Education (IEP) team must consider the general education setting first. Special education services and supports are provided in a variety of ways including, but not limited to Regular education program and include Resource and Special Day classes.

Link: http://images.pcmac.org/Uploads/SantaMaria/SantaMaria/Departments/DocumentsCategories/Documents/District%20Handbook%202019-20%20-%20English_%7BSIS6486ECC33F93%7D.pdf

Citation:
Santa Maria Joint Union High School. (2019-2020). Student Handbook, Special Education, Part 3§1. Retrieved from http://images.pcmac.org/Uploads/SantaMaria/SantaMaria/Departments/DocumentsCategories/Documents/District%20Handbook%202019-20%20-%20English_%7BSIS6486ECC33F93%7D.pdf

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A.  Responsibility To Students

A.1. Supporting Student Development

g. Are knowledgeable of laws, regulations and policies affecting students and families and strive to protect and inform students and families regarding their rights.

Students with disabilities are protected under the Individuals With Disabilities Education Act (IDEA) that details the rights of children receiving special education services. Counselors have an ethical responsibility to be educated on what the law requires and to assure that the student and the family ( if child is a minor) are aware of their rights.

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

Citation:
American School Counselor Association (2016). ASCA Ethical Standards for School Counselors.  Alexandria, VA: Author.

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o In 2004, The Individuals with Disabilities Education Improvement Act (IDEIA) was signed into law, making significant changes to the Individuals with Disabilities Education Act (IDEA).
o Because of the critical importance of this act to students with disabilities, school faculty must be aware of the changes and challenges that these amendments present to educators.
Link:
https://easydb.angelo.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=26803984&site=eds-live

Citation:
Yell, M. L., Shriner, J. G., & Katsiyannis, A. (2006). Individuals with Disabilities Education Improvement Act of 2004 and IDEA Regulations of 2006: Implications for Educators, Administrators, and Teacher Trainers. Focus on Exceptional Children, 39(1), 1–24. https://doi-org.easydb.angelo.edu/10.17161/foec.v39i1.6824

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Slide 13: List of Recommendations/Best Practices for Compliance

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Slide 13: List of Recommendations/Best Practices for Compliance

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o  Understand what the law requires and the rights of the students that are protected under IDEA.

o  When determining eligibility, conduct an “appropriate” evaluation to assure the proper placement and supports required to meet the needs of the child.

o  Assure that the child is receiving instructional services in the least restrictive environment in which they can achieve success.

o  Include parents in their child’s educational plan- they are the experts on their child!

o  Provide parents with a written copy of their rights and offer to explain or answer questions they may have about the special education process.

o Create positive relationships and open communication with families- this is a team effort and we are working together for the success of the child.