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Many students are identified as special education students. A special education student is

defined as a student with a disability who is given specially designed instruction, at no cost to the

parents, to meet the unique needs of a child with a disability, including— (i) Instruction

conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) Instruction in physical education (Sec. 300.39 special education, 2017). I am a teacher who

has been in this role as a special education teacher for the last five years. I have had the privilege

of learning a lot about the special education program, along with the laws that our special

education students are provided. My professional perspective of the special education program

and the laws that govern is important to really understand what goes into a student who requires

specially designed instruction. Two years ago our country was disrupted due to the pandemic.

Our special education students who are considered two grade levels behind were now facing

more of a gap in learning. Being a teacher who is in the classroom seeing the struggles our

students face has been very challenging to help them catch up. I understand that many students

did not get appropriate instruction during the shutdown, now our special education students are

expected to be at grade level and pass the State of Texas Assessments of Academic Readiness

(STAAR) when they are still facing the learning challenges.

References

Sec. 300.39 special education. (2017, May 2). Individuals with Disabilities Education Act.

https://sites.ed.gov/idea/regs/b/a/300.39

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Individuals with Disabilities Education Act

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300.39 Special education.

(1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including-

(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section-

(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

(ii) Travel training; and

(iii) Vocational education.

(b) Individual special education terms defined. The terms in this definition are defined as follows:

(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

(2) Physical education means-

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and

(ii) Includes special physical education, adapted physical education, movement education, and motor development.

(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction-

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(4) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to-

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(5) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

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Sec. 300.39 Special education - Individuals with Disabilities Education Act

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Statute/Regs Main " Regulations " Part B " Subpart A " Section 300.39 300.39 Special education. (a) General.

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https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/house-bill-4545-implementation-overview

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There are several professional associations available for students with disabilities such as

the National Center for Learning Disabilities (NCLD). The NCLD is an organization for

students and adults who have disabilities to be given quality education and resources through

advocating for the needs of students. This organization provides leadership and partnerships

with individuals of disabilities to succeed in school, work and in life (National Center for

Learning Disabilities, 2022).

The National Association of Special Education Teachers ( NASET) is an organization for

teachers who teach special education to assist with the teacher's teaching abilities (National

Association of special education teachers: Overview of NASET, 2006).  The NASET also

advocates for special education teachers in critical needs.

References

National Association of special education teachers: Overview of NASET. (2006, July 31).

National Association of Special Education Teachers: Teachers Teaching Exceptional

Children.

https://www.naset.org/about-naset/overview-of-naset

National Center for Learning Disabilities. (2022). NCLD.

https://www.ncld.org/about/

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The mission of NCLD is to improve the lives of the 1 in 5 children and adults nationwide with learning and attention issues-by empowering parents and young adults, transforming schools and advocating for equal rights and opportunities. We're working to create a society in which every individual possesses the academic, social, and emotional skills needed to succeed in school, at work, and in life.

NCLD was founded in 1977 by Carrie and Pete Rozelle as the Foundation for Children with Learning Disabilities. Its mission was to provide leadership, public awareness and grants to support research and innovative practices in learning disabilities.

In 1989, the organization evolved from a foundation into a nonprofit, expanded its mission and scope of work, and changed its name to the National Center for Learning Disabilities. Anne Ford assumed the role of chairman of the board and led the organization for 12 years.

In 2001, John G. Gantz, Jr., past president of Argonaut Insurance Company, succeeded Mrs. Ford. In 2004, the leadership of NCLD was passed to Fred Poses, the past chief executive officer of Ascend Performance Materials LLC. In 2018, longtime supporters Margi Booth and Joe Zimmel assumed the roles of co-chairs of the Board of Directors.

More than 40 years later, NCLD continues to lead the field in innovation, research, and advocacy on a national level.

What we do and how

Providing essential leadership toward achieving NCLD's mission and goals.

Board of Directors

Providing essential leadership toward achieving NCLD's mission and goals

Advisory Board

Guiding NCLD's work and the field through expertise and research

Ways to support NCLD

NCLD relies on the commitment and dedication of experts who inform our work and advocates who power it. That work is only made possible through generous donations large and small from supporters across the country.

NCLD's Annual Benefit

Proceeds from the event will go toward NCLD's mission and programs to support individuals with learning and attention issues.

Make a Recurring Monthly Donation

Your donation of any amount is critical to continuing NCLD's work and changing millions of lives.

Tell Congress: Pass the RISE Act

We need your help! Ask your member of Congress to support students with learning and attention issues.

Support NCLD

Thanks to support from generous partners like you, we are able to create programs and resources to support the 1 in 5 individuals with learning and attention issues nationwide.

$20$50$100$250$500 Other amount

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The mission of NCLD is to improve the lives of the 1 in 5 children and adults nationwide with learning and attention issues-by empowering parents and young adults, transforming schools and advocating for equal rights and opportunities.

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Programs to help students with disabilities transition to adulthood

When your student with a disability nears the end of high school and is getting ready to transition into their adult life, it can be unsettling. You may not know what is next for them. How can you help them to continue learning, prepare for employment, improve social skills, and most important: find community?

The good news is that there are many programs to help young adults with disabilities transition to adulthood and prepare for the path that's best for them. Here are some types of programs to look at, and some examples in Louisiana.

Community College Programs for Students with Disabilities

There are a growing number of programs that give students with intellectual disabilities the support needed to take college classes, increase their independence, prepare for employment, and build social skills.

Some of these are designated as CTP or Comprehensive Transition and Post-Secondary Programs. They offer extra advising, some specialized classes, social skills training and vocational training. They also help students find jobs and internships that fit with their skills and interests.

One example is the Program for Successful Employment (PSE) at Baton Rouge Community College (BRCC).

Read transcript

Families & Stories: How Has a College Program for Students with Disabilities Helped Your Son Make the Transition to Adulthood? with Johnny & Jonathan

[Johnny] Of course, PSE has been huge for us. As I always share with people, I'm not only the director but I'm also a parent, so I can relate.

[Interviewer] And so PSE, can you say what that is?

[Johnny] Yeah, PSE is the Program for Successful Employment here at Baton Rouge Community College. This program, PSE program, helped him gain friendships that he didn't have before.

[Interviewer] Yeah, yeah.

[Johnny] He still goes out with the guys. They do Topgolf, they go to movies. He's going to a basketball game this weekend. They went to the fair Saturday or Sunday. And so it's helped him gain a lot of friendships that he just didn't have in high school. So he's around, you know, other young adults like himself.

[Interviewer] Right.

[Johnny] And so he's accepted for his differences. And it's been a great aspect and one that I share with the parents. Again, I let them know that I'm not just the director, but I'm a parent as well, so I know the things that you're going through and the apprehensions that you may have. But I think all those type of things did help kind of push him along and we're always, push, pull, push, you can do that yourself.

[Interviewer] Yeah.

[Johnny] You know, we don't need to do that for you, you know, obviously within limits, but we've always pushed him ever since he was much younger and we knew that there were some challenges for him.

You can learn more about supporting young people with disabilities as they transition to adulthood at: www.ExceptionalLives.org/AdultTransition.

Social Groups for Youth with Disabilities

Socializing is important for young adults, but can be hard for those with intellectual disabilities, those on the autism spectrum, and others. Many high school or college social activities are not very inclusive and may be intimidating for kids who don't socialize in typical ways.

There are programs that are designed to be inclusive or are specifically for teens with developmental disabilities. One example is the Baton Rouge Young Life Capernaum Program. They run activities, camps and trips that allow young adults with disabilities to connect with others, build social skills and self esteem, and be part of a group.

Read transcript

Families & Stories: How Have Social Programs for People with Disabilities Helped Your Family Find Community? with Johnny & Jonathan

[Johnny] Young Life is an international organization for, and I may forget the first age, it's either 13, 14 up to 22. And so it's an opportunity for young people and their parents, if they choose to do so, to meet. We meet on Tuesdays, pretty much every Tuesday, and they do something ... get together, maybe pizza, maybe hot dogs. It is faith-based, so a lot of times it's a very small, little short Bible study. But they mainly have fun and do crazy things. We have a Thanksgiving party coming up where we will join with the group that I help co-lead, which is 23 and older. So like our group, we went bowling. We went to the main event where they bring in all kind of pool tables and video games and that kind of thing. So we got to know a lot of the parents there. He got to know a lot of the young people and a lot of the young people from...or the guys that he went to school with here, also were part of that.

[Interviewer] Oh, that's nice.

[Johnny] And so it was, it definitely forms a great sense of community, and I think being part of a social group where parents can talk, like when we went to the Social Security thing, we ask parents, How did you do this? When did you do that? Who did you talk to? So it gives them an opportunity to ... for us to not only bond with parents but also for him to bond with others as well, and, you know, have friends and going out and that kind of thing, just like anybody else.

[Woman] That's great.

[Johnny] He doesn't drive, but we take him and parents take... and we meet. Sometimes we, you know, they are off doing their thing and we're off somewhere else, you know, in the same facility, and you know, we let them do their thing and we don't intrude and that kind of thing. But Young Life has been really great. We've been members of that two or three years now, I guess, maybe more. But it's been very instrumental in his social skills. One summer he went away to camp for a week, no cell phones, no nothing, and he not only went with people from Young Life but other parts of the city. And then other people, young people, that had no disabilities who wanted to go for that part of it, being an inclusionary-type camp. And that could be some football players from one of the high schools. In fact, some of them had come over several times and took them all out for hamburgers and things like that, and so he had that opportunity as well.

[Interviewer] That's great, no it sounds awesome.

To find more resources and support for families caring for children with disabilities, visit: www.ExceptionalLives.org

Transition Programs

While students with disabilities should have a transition plan in place in their school, there are also outside programs that provide transition services. They often serve students from age 16 until after they turn 22 and age out of special education. Transition programs offer training to help young adults prepare for their next step after high school, which may include employment, further education, or independent or supported living.

Programs may offer job readiness training, study skills or social groups, internships and career exploration, or training in everything from daily living tasks to money management. Many have a focus on pre-employment, but most offer services to help with a broader range of living skills.

Here are a few organizations that have offices across the state and offer transition programs and support:

Vocational Programs

Vocational programs are similar to transition programs, but are focused on preparing for employment and finding jobs. They are sometimes called Vocational Rehabilitation programs, and many can serve adults of all ages. Some prepare young adults for specific jobs, but most help more generally with career exploration, work-based learning opportunities or internships, and training in job readiness and self advocacy.

Pre-ETS, or Pre-Employment Transition Services, are offered in high school to students with disabilities, and cover the same types of skills as vocational programs.

The state-run vocational program is called LRS: Louisiana Rehabilitation Services. High school students can register as early as age 16 and get services while they finish school. They can also get services later in life.

There are other independent vocational programs and many of them are offered by the same organizations listed above.

Find programs and learn more

Exceptional Lives' Resource Directory lists over 50 types of disability-related services in English and Spanish.

Louisiana Resource Directory ( en español)

Massachusetts Resource Directory ( en español)

Here are some sections to look at for services to help young adults transition to adulthood:

Find a Parent Center in any state to find programs and support.

Also see our resources for helping your teen prepare for transition to adulthood.

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My student with disabilities is transitioning to adult life - how do we find resources for them? - Exceptional Lives

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When your student with a disability nears the end of high school and is getting ready to transition into their adult life, it can be unsettling. You may not know what is next for them. How can you help them to continue learning, prepare for employment, improve social skills, and most important: find community?

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Even as schools relax some COVID-19 rules, like mask mandates, they are legally obligated to take steps to protect students with disabilities, who may be at greater risk of severe illness than their peers, U.S. Secretary of Education Miguel Cardona said.

To meet the requirements of federal disability rights laws, for example, schools may require teachers and peers to mask around higher-risk students, even if there isn't a school-wide requirement to do so, Cardona said in a letter to educators and parents March 24.

"The [Education] Department recognizes the difficulties many families have experienced as they strived to balance the need to ensure their child's physical safety and their child's need for in-person learning," Cardona wrote. "As we enter this next phase of pandemic response, we urge schools to lead with equity and inclusion to ensure all students have access to in-person learning alongside their peers."

His caution comes weeks after the Centers for Disease Control and Prevention released new risk metrics and said schools in most of the country could drop mask requirements.

That move alarmed some parents of medically vulnerable children, who've argued in court that universal masking is necessary for their children to safely access in-person instruction. Last year, the Biden administration also asserted that some states may have violated the Americans with Disabilities Act when they prohibited local school systems from requiring masks.

The CDC's new metrics dictate community risk levels based on a formula that incorporates hospital capacity, rather than overall case counts. It only recommends universal school masking in the highest-spread areas- 1.65 percent of counties nationwide under the most recent analysis from the agency.

Higher-risk individuals should consult with their doctor about precautions, including masking, if they live in a lower-risk area, the CDC urged. Many students with disabilities, including conditions like asthma and down syndrome, are among those classified as high-risk by they federal agency.

Echoing advocates' concerns

As the CDC made the shift in recommendations, some disability rights groups like the ARC of the United States lamented that leaders didn't stress schools' obligations to students, which may include continued precautions in some classrooms.

Echoing those cautions, Cardona wrote:"It is important to remember that State and local educational agencies ... are bound by Federal laws, including Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act to ensure the inclusion of students with disabilities, including those experiencing Long COVID, in our nation's schools."

Under a student's individualized education program or plan for accommodations under Section 504, educators and families may make special plans to meet eligible students' "school-related health needs," the letter said.

That may mean the school provides higher-risk students with high-quality masks, like N95s, that can provide extra protection to the wearer, even if those around them have uncovered faces.

It might also mean schools agree to extra precautions, like sanitizing and masking, in classrooms of higher-risk students, Cardona said.

Federal laws also require schools to educate students with disabilities in the least-restrictive environment possible. That means schools can't isolate or segregate higher-risk students from their peers as a COVID-19 precaution, Cardona cautioned.

"Similarly, schools should be cautious about singling out or identifying students with disabilities as the cause of any perceived burden to avoid stigma and the risk of bullying and must take steps to address any bullying that does occur," Cardona wrote.

Groups like the National Center for Learning Disabilities praised Cardona's message.

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Protect Students With Disabilities as COVID Rules Ease, Education Secretary Tells Schools

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Even as schools relax some COVID-19 rules, like mask mandates, they are legally obligated to take steps to protect students with disabilities, who may be at greater risk of severe illness than their peers, U.S. Secretary of Education Miguel Cardona said.

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# 6 Original Sources of Constitutional Law

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# 6 Original Sources of Constitutional Law

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https://www.archives.gov/founding-docs/bill-of-rights-transcript

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https://sites.ed.gov/idea/statute-chapter-33/subchapter-ii

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https://edlawcenter.org/assets/files/pdfs/Student%20Discipline/settlementagreement238_PacerRevised.pdf

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#9 Original Sources of Administrative Law

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#9 Original Sources of Administrative Law

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https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1096

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https://www.tsd.state.tx.us/apps/pages/index.jsp?uREC_ID=170905&type=d&pREC_ID=2101600&tota11y=true

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Ethical Principles

Advocate for equal rights and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health, or any other exceptionality or special need.

References

The school counselor and students with disabilities. (n.d.). American School Counselor Association (ASCA). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Students-with-Disabilitie

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The School Counselor and Students with Disabilities

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The school counselor takes an active role in student achievement and postsecondary planning by providing a school counseling program for all students. As a part of this program, school counselors advocate for students with special needs, encourage family involvement in their child's education and collaborate with other educational professionals to promote academic achievement, social/emotional wellness and college/career readiness for all.

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#12 Personal Connection to the Legal and Ethical Standards

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#12 Personal Connection to the Legal and Ethical Standards

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In the last five years, I have had the privilege of working with students in special education classrooms. There have been many challenges that I have encountered with my students, from behaviors, academics, and miscommunications. My students are all my kids and I am determined every year to help them grow academically and socially. In my classes, I have seen students who I believe need to have evaluations to be determined if they can receive the special education services. Many students do not get the support they need and are falling through the cracks. I understand that general education teacher already have a lot on their plates and most of the time don’t have the time to report on this student needing the response to interventions (RTI), but many students need the support a special education teacher can give.

There is a lot of paperwork that goes into qualifying a student for special education services, and the paperwork needs to be viewed as a way to help the student in need. Advocating for the students and their needs is the best possible way to see academic success. Our students need a teacher and parent support in order to make progress academically and socially. According to the article Superior from the University of Wisconsin “Building on the foundation of a positive relationship and teaching students in a way that capitalizes on their abilities, strengths, and experiences can help improve their learning and achievement,” (Build a better connection with special education students, UWSuper, 2017). Our students feel and know the way we teach and how we support them in their academic growth. Teachers should be the student's cheerleaders, motivating them to try and keep on trying when feeling defeated.

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A positive student-teacher relationship is one of the most important aspects of effective education. Although the importance of building positive connections applies to all student-teacher relationships, it may be even more important in special education. A teacher who thoroughly understands a student, both their strengths and weaknesses, is better suited to tailor that student's education to their unique needs. And a teacher who strives to know and respect a student's culture, life and background can better understand the context of that student's behaviors and learning styles.

Building on the foundation of a positive relationship and teaching students in a way that capitalizes on their abilities, strengths and experiences can help improve their learning and achievement. In turn, this can foster improved student self-confidence, leading to continued learning and success. Through coursework and internship-based clinical study, graduate degree candidates enrolled in programs such as the University of Wisconsin-Superior's online Master of Science in Education in Special Education have the opportunity to study the importance of the student-teacher relationship and learn strategies to develop better connections with the students who need it most.

To support the positive connection between students and teachers, most school systems and state education agencies focus on this as integral to their educational design and mission. For instance, the Wisconsin Department of Instruction (DPI) includes the student-teacher relationship as a main facet of "Promoting Excellence for All," outlining many strategies of building this connection. In their belief statement, the DPI states the following:

We believe positive student-teacher relationships start with a safe, trusting, culturally responsive environment in which both students and teachers are empowered to have open conversations, share personal information, and create authentic connections to foster long-term relationships beyond the classroom.

Open conversations about race, ethnicity, disabilities, and other modes of cultural competence should be infused into the classroom. We create a safe place to hear students' experiences and voices and that builds trust.

As noted in the DPI's belief statement on the student-teacher relationship, teachers build authentic connections by fostering a trusting, supportive environment, valuing and understanding a student's abilities and cultural background, and incorporating that understanding into a classroom that empowers students.

In particular, students with disabilities face substantial challenges succeeding in school. These challenges surface through their inability to achieve by traditional academic standards, rooted in differences in learning styles and needs. Therefore, the need to deeply understand each student's abilities and disabilities and differentiate instruction accordingly is especially applicable in both special education classrooms and inclusive classrooms. To fully grasp how each student can best learn, a teacher needs to know that student well and have genuine empathy for him or her. Understanding a student's background, interests and social life are equally as important as understanding their cognitive or physical abilities and disabilities. Developing a positive relationship with students is essential to building this genuine empathy and understanding.

Moreover, students with disabilities often have a history of low expectations and low levels of achievement, causing them to internalize an inability to succeed. This learned helplessness can result in many behavioral problems in the classroom - both negative social behavior based in insecurities and low self-confidence and negative academic behavior rooted in the "born to fail" mentality. To address this, high expectations and positive reinforcement of achievement and behavior can illustrate the teacher's belief in the student's abilities and potential. Discipline or behavior correction is necessary at times too, but is best handled in private, allowing the student to process their behavior and how they can improve it.

Through developing strong relationships with students, teachers can help reverse this self-defeating pattern of negative thought. When students are given the tools they need to succeed, coupled with the knowledge that teachers believe in their abilities, they can develop a better sense of self-confidence.

There are many ways to improve your relationship with students, but at the heart of all of them is this: Get to know each student. Everyone has a unique story, so ask your students about theirs and incorporate their experiences into the classroom. This can mean using reading and visual materials relevant to the student's cultural experience, language and history. It can take the form of educational apps on the iPad to engage a learner who has difficulty with oratory skills but loves technology. It can be almost anything that integrates student interest and ability with their learning.

Differentiation is common practice in inclusive and special education classrooms, but it too often depends on adapting to each student's disabilities. Modern educators are starting to focus on what is known as "neurodiversity," basing engagement on the diversity of student abilities and strengths instead of their disabilities.

Clearly, the student-teacher relationship is essential to effective special education. If based in genuine care for the student, teachers can develop this connection in many ways. Getting to know your students' unique interests, abilities and strengths can help you effectively engage each student in their education. And through creatively using knowledge and understanding gained from a strong relationship, the teacher can help each student overcome their disabilities and build upon their strengths, setting them up for both behavioral and academic success.

Learn more about the UW-Superior online MSE Special Education program.

Sources:
Middle Web: Building Rapport with Inclusion Students Requires Extra Steps Wisconsin Department of Public Instruction: Student-Teacher Relationships Education Week: 7 Ways to Bring Out the Best in Special-Needs Students Association for Middle Level Education: Developing Relationships with Difficult Students National Education Association: 5 Tips for Better Relationships with Your Students ASCD: Developing Positive Teacher-Student Relations

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Build a Better Connection With Special Education Students - UWSuper

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Although the importance of building positive connections applies to all student-teacher relationships, it may be even more important in special education.

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#13 Recommendations / Best Practices for Compliance

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#13 Recommendations / Best Practices for Compliance

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Every child has a right to a free public education that works for them, even if they have a disability. Students with disabilities can qualify for services to support their education from age 3-to 22. Learn how to connect with the school, see if your child qualifies, and get support to help them succeed.

Always advocate for students with disabilities, as the teacher knows the students learning best, during the Admission, Review, and Dismissal (ARD) always implement what the student needs.

Strive to build those relationships with the student as a motivator and advocate for their needs with school administrators.

All special education students should be placed in the least restrictive environment according to their needs.

Statutory law requires all educators and parents to have the tools and resources to assist their students and children with disabilities to succeed academically and socially.

According to IDEA Sec. 300.39 (b), Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction.

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Individuals with Disabilities Education Act

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(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction-

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

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Sec. 300.39 (b) (3) - Individuals with Disabilities Education Act

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(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction- (i) To address the unique needs of the child that result from the child's disability; and (ii) To ensure access of the child to the general curriculum, so that the...