# data[].attributes.body
Professional Perspective
As a future school counselor it is importance to identifying special education students and provide support and resources to help them with learning and behavioral problems.  It is important  school counselors ensure the guidance provided aligns with the legal and ethical in order for students to be successful. The school counselors serves as an advocate for special education students  and makes sure students are receiving services and being identified.

The reason I choose this topic is because  these children face many obstacles in life and many times they don't receive the proper support that is needed. This subject is also close to home as I have a nephew who is in special education and I see how much he struggles.

# data[].attributes.body
Summary of Topic
As the number of special education students continue to increase it’s important those students are being identified early on. According to the Child Find "the state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services" (Individuals with Disability Act, 2017).

This children with special needs face many challenges and without the proper IEP'S and 504's put in place they will not be successful. It is important schools understand the laws related to equal education for special education students. A reason students aren't being  identified is parents of children with a disability are in denial and are fearful and feel threatened by consequences.

Individuals with Disability Act, 2017

Sec § . 300.111 Child find

https://sites.ed.gov/idea/regs/b/b/300.111

# data[].attributes.body
Professional Association
Council for Exceptional Children is an organization dedicated to empowering the success of children and youth with disabilities and gifts and talents.  This organization focuses on helping educators learn how to help special education children on being successful through advocacy, standards, and professional development.  The resources are "designed for programs that prepare beginning and advanced special educators for their careers in the field. The resources has two goals they believe in: (Council for Exceptional Children, 2019)

Professionals will be highly competent and "provide quality instruction that will enable all students with a disability to reach their full potential"
(Council for Exceptional Children, 2019)

Special education children will have the "capacity and capabilities to lead the field through  advocacy, standards, and professional learning and practice" (Council for Exceptional Children, 2019).

Council for Exceptional Children,(2019)
https://exceptionalchildren.org/about-us

# data[].attributes.body
News Article
In the article written by National Center for Learning Disabilities talks about the importance of identifying children with disabilities early on.Those students who are identified early on qualify for two types of assistance.

An Individualized Education Program^ (IEP) "provides instruction, accommodations^, modifications and related services students to those who qualify for special education.

A 504 plan provides accommodations and related services to general education students who are identified with a disability but who do not need special education.

The students who are identified are protected from any type of discrimination. As for those students who aren't identified are in danger of not being successful in school.  Those students who have fallen thru the crack are in danger of dropping out and not having interest in school.

National Center for Learning Disabilities, (2017).

Identifying Struggling

https://www.ncld.org/research/state-of-learning-disabilities/identifying-struggling-students/

# data[].attributes.body
News Article
Isensee, L (2019) explains how in Texas many special education children were denied of special education services. The "services that are their right under the federal law" (Isensee, 2019). According to the article there was a "former cap on special education in which school districts were punished if they enrolled more than 8.5% of special education students" (Isensee, 2019). The U.S. Department detected Texas had violated a federal law and failed to provided services to students with disabilities.

Texas was ordered to come up with a "plan to fix the . The solution consisted of

Identify children who had been excluded and making up their missed services" (Isensee, 2019).

The plan suggested more parent communication, and advising them of their rights as parents (Isensee, 2019).

Insensee, L (2019). Houston Public Media.

Texas Students Still Fighting For Special Education Despite Federal Order To Fix Services

https://www.houstonpublicmedia.org/articles/news/in-depth/2019/11/14/351300/texas-students-still-fighting-for-special-education-despite-federal-order-to-fix-services/

# data[].attributes.body
Statutory Law
The Education for All Handicapped Children Act, Public Law

The Education for All Handicapped Children Act, Public Law (PL) 94-142) was created in the United States Congress in 1975. This law requires all public schools who receive federal funds to provide equal access to education for children with physical and mental disabilities  (The Education for all Handicapped Children Act, 1975)

This law ensures that special education services are available to children with who need them

Children with disabilities are guaranteed services and decisions  that are  fair and appropriate

To establish specific management and auditing requirements for special education

It is essential states receive federal funds in order to educate educate students with disabilities

The Individuals with Disability Education.

20 U.S. Code § 1400

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

# data[].attributes.body
Statutory Law
Texas Education Code requires the TEA to create a comprehensive, easily understood document which explains the individualized education program (IEP) process for a student in a special education program (Tex. Educ. Code § 26.0081)

“Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed to develop the child’s individualized education program” (Tex. Educ. Code § 26.0081).

It is important the committee develop an  individualized education program (IEP) by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the agency (Tex. Educ. Code § 26.0081)

If the student and the parents are unable to speak English the district is required to provide the parent with an written audiotaped copy of the child's IEP translated parents native language (Tex. Educ. Code § 26.0081)

Special Education, Tex. Educ. Code § 26.0081

https://texas.public.law/statutes/tex._educ._code_section_29.005

# data[].attributes.body
Judicial Law-Brown v. Board of Education
Many children with disabilities were denied enrollment in public schools. In the case of Brown v Board of Education “children were denied enrollment in public schools, and were  insufficiently served by public schools or alternatively were sent to institutions of deplorable conditions” (Brown v. Board of Education, 1954).

The Brown v Board of Education decision stated that all people regardless of race, gender, or disability, have a right to a public education Brown v. Board of Education, 1954).

The Brown v Board of Education, states any child with a disability is entitled to equal educational opportunities  including those with developmental and other disabilities (Brown v. Board of Education, 1954).

Brown v. Board of Education, 347 U.S. 483 (1954)

http://www.fortelawgroup.com/history-special-education-important-landmark-cases/

# data[].attributes.body
Statutory Law
Eligibility Criteria

Eligible students must be three years of age and not more than 21 years of age and must have one or more of the following disabilities, “that prevents the students from adequately or safely educated in public school without the provision of special services”

(Tex. Educ. Code § 29.003).

physical disability;

intellectual or developmental disability;

emotional disturbance;

learning disability;

Autism;

speech disability; or

traumatic brain injury.

Eligibility Criteria, Tex. Educ. Code § 29.003

https://texas.public.law/statutes/tex._educ._code_section_29.003

# data[].attributes.body
Local/Administrative Law/Policy/Rule

According to the Midland Independent School District Student Handbook, students who are experiencing learning difficulties, “are provided with a variety of support options” (Midland Independent Student Handbook, 2021).

An RTI  is implemented for those students with disabilities who are having difficulty in the classroom (Midland Independent Student Handbook, 2021).

A parent has the right to request an evaluation for special education services at any time (Midland Independent Student Handbook, 2021).

A verbal request  can be made for special education evaluation. It is not required to be in writing. The district has 45 days to complete the initial evaluation from the day it receives the parents consent (Midland Independent Student Handbook, 2021).

Midland Independent School District Student Handbook, (2021). Special Education, P 25-26. Retrieved from https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20-21%20Student%20Handbook.pdf

# data[].attributes.body
Ethical Principle
Within American School Counselor Association (ASCA), school counselors responsibility is to help students  "meet or exceed academic standards with consideration for both the strengths and challenges resulting from disabilities and other special needs" (ASCA. 2016).  School counselors provide direct and indirect services to  students as determined by there IEP.

Provide curriculum lessons, individual and/or group counseling to students with special needs within the scope of the school counseling program (ASCA. 2016)

Encourage family involvement in the educational process (ASCA. 2016).

"Collaborating with staff and families to understand the special needs of a student and understanding the adaptations and modifications needed to assist the student" (ASCA. 2016).

American School Counselor Association, (2016).

The School Counselor and Students with Disabilities

https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Students-with-Disabilitie

# data[].attributes.body
Non-Law Source
A challenge many schools have is failing to  identify students with disabilities. The National Center for Learning Disabilities does an excellent job explaining why some students haven't been identified.  This website provides a detail list of signs to look for in identifying students. The website provides lots of great information counselors can share with teachers and other staff.

National Center for Learning Disabilities, (2017).

Identifying Struggling

https://www.ncld.org/research/state-of-learning-disabilities/identifying-struggling-students/

# data[].attributes.body
Recommendations / Best Practices for Compliance:
It is crucial that schools comply with the legal and ethical guidance. Below are recommendations on schools districts can comply with the legal aspect:

Know and understand all the laws that protect students with disabilities.

School districts must continue must be up to date  on any  changes or laws  that might affect the students.

Connect with teachers and parents to make sure they  understand the modification put in place.

Advocate for students with disabilities

Connect with the multidisciplinary team with the intention of identifying students who may need to be assessed.

I