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As a pre-k teacher there are many students who enter pre-k unidentified and then later on may be referred to special education. It is important that as a counseling the pre-refferal process is done correctly to ensure students are given the appropriate accommodations to help them succeed. I decided to use special education as the topic for this legal guide because I know counselors deal with some different steps in the special education process and I wanted to learn more about the history and legal aspects. Counselor are also responsible for keeping student information confidential which is important when dealing with gen-ed and special education. The audience for this legal guide is school counselors and teachers.

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1) Special Education is important to counselors because they handle a lot of the pre referral process for students who are newly identified as possibly having special education needs. Counselors are also often times faced with handling 504 so it is important to know the process and legality associated. Counselors and teachers both need to understand IEP's of students during lessons or guidance lessons so understanding special education is important for both educators. Many counselors in upper levels are also faced with helping special education students transition to life after graduation.

2) Three best practices.

If you have a special education student in one of your groups or care classes it is important to look over the students IEP to understand how the activity might work differently for them.

Be familiar with the pre-referral paperwork associated with the pre-referral process.

Be very concise in documenting conversations with parents of special education students.

3) An emerging issue for school counselors with special education student is how students are being serviced when virtual learning. The pre-referral and referral process is difficult to do for virtual learners so counselors and other special educators are having to adapt. Counselors are also having to adapt counseling services to fit the virtual environment. At the high school level counselors are struggling to handle transition services for special education students so it will be an on going issue counselors will face as long as virtual learning is an option.

4) Traci Henze, School Counselor, Gonzales Primary Academy

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National Association of Special Education Teachers

Link
www.naset.org

The National Association of Special Education Teachers website is informative because it provides insight on special education. The website provides resources for special education teachers than can also be helpful for school counselors when consider students IEP goals during guidance lessons. The website also provides information about special education laws and transition services which can be helpful to school counselors as well teachers.

Citation
NASET.org Home Page. (2008, May 30). Retrieved September 27, 2020, from https://www.naset.org/index.php?id=786

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The education department has decided to re-implement the Obama era equity rules IDEA policies from 2016

states must follow stricter guidelines regarding the reporting of the demographic makeup of special education populations to make sure students of color are not included disproportionately.

the guidelines are meant to keep children of color from being disproportionately represented in special education and disproportionately disciplined.

Betsy Devos suggested a 2 year delay on implementing this IDEA policy but it was not approved and school districts will be responsible for implementing the policy from 2016.

Link
https://www.educationdive.com/news/ed-dept-to-implement-obama-era-equity-rules-in-idea-policy/555431/

Citation
Harper, A. (2019, May 23). Ed dept to implement obama-era equity rules in IDEA policy. Retrieved September 27, 2020, from https://www.educationdive.com/news/ed-dept-to-implement-obama-era-equity-rules-in-idea-policy/555431/

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Privacy concerns for students with disabilities is a growing concern because of virtual learning

privacy is still important for the special populations and it is important that educators understand how to protect the privacy of these students when teaching virtually.

FERPA, IDEA, COPPA, and HIPAA laws are all important privacy laws that must be weighed in on all decisions.

Teachers and other educators need more training on these specific issues in the reopening of schools to remind teachers to uphold the privacy of all special education students.

Link
https://www.educationdive.com/news/new-guide-aims-to-help-schools-navigate-privacy-concerns-for-students-with/582907/

Citation
Texas Education Agency. (n.d.). Early mental health intervention. Retrieved September 17, 2020, from https://tea.texas.gov/about-tea/other-services/mental-health/early-mental-health-intervention

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Americans with Disabilities Act of  1990- (Statutory Law) Federal Level
-Prohibits discrimination and guarantees equal treatment to those individuals with disabilities
-This effects educational opportunities as well because students must be treated the same and given the same learning opportunities across the board.

Link
http://uscode.house.gov/statviewer.htm?volume=104&page=327

Citation
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, § 2, 104 Stat. 328 (1991)

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Family Educational Rights and Privacy Act- FERPA (Federal Administrative Law)
-Gives parents rights to access students educational records.
-Parents have the rights to ask to change educational records if they feel a diagnosis or information is incorrect.
-Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record.
-Educational records of students are protected unless

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law

Link
https://gov.ecfr.io/cgi-bin/ECFR

Citation
20 U.S.C. § 1232g; 34 CFR Part 99

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Diana v. State Board of Education (Judicial Law)
-Students were being wrongly placed in special education classes because the IQ test was done in English and students first language was not English. When they did not score well on the test they were placed in special education
-It was found that this wrongful placement in special education was because the IQ test biased and did not accommodate ESL students.
-Courts ruled that students should be tested in their native language or with a nonverbal assessment.

Link
https://sites.google.com/site/schoolpsychquickreference/legal-briefs/diana-v-ca-state-board-of-education

Citation
Diana vs. State Board of Education, CA 70 RFT (N.D. Cal. 1970)

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14th Amendment Right to a Public EducationFree and Appropriate Public Education (FAPE) (Constitutional Law) Which is now known as the Individuals with Disabilities Educational Act.
-Prohibits schools from suspending students with disabilities for more than 10 days when the students action was caused by their disability.
-No state may deny any person within its jurisdiction the equal protection of rights which applies to public elementary and secondary schools as well.

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

Citation:
U.S. Const. amend. XIV, § 2

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Early Intervening Services
The education of students with disabilities can be made more effective by providing incentives for whole-school approaches, scientifically-based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label students as disabled in order to address the learning and behavioral needs of such students.

Students with disabilities in Gonzales ISD are guaranteed support in areas necessary to help them succeed. Early intervention is done to support students before referring and putting the special education label to be sure students learning needs are addressed appropriately.

Link
https://www.gonzalesisd.net/site/handlers/filedownload.ashx?moduleinstanceid=286&dataid=262&FileName=GISD_Special_Education_Operating_Guidelines_V3-2015%20updated%207-31-18.pdf

Citation
20 USC §1400(c)(5)(F), 1413(f)(2), 1413(f)(2)(A), 1413(f)(2)(B), 1413(f)(3) , 19 Texas Administrative Code (TAC) §89.1011, TEC
§29.081(a)

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A.2. Confidentiality
School counselors:
a. Promote awareness of school counselors’ ethical standards
and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and
information to school staff.

School counselors deal with legal and ethical dilemmas all the time. Special education in particular can present many opportunities for legal and ethical battles so it is important that school counselors understand the appropriate procedures of disclosing student data and information. FERPA protects many of the rights of data disclosure and it is important that counselors abide by the legal codes.

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

Reference
American School Counselor Association (2016). ASCA ethical
standards for school counselors. Retrieved from
https://www.schoolcounselor.org/asca/media/asca/Ethics/
EthicalStandards2016.pdf

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The School Counselor and Students with Disabilities-Report

This resource is a basic guide for school counselors and what is expected of school counselors in the special education realm. This resource also references special education laws that are pertinent to the school counselor. There is also a section that lists administrative duties that should not be delegated to the counselor related to special education which can be helpful in understanding what is the role of the counselor and what is not.

Link: https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Disabilities.pdf

Citation:
ASCA. (n.d.). The school counselor and students with disabilities. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Disabilities.pdf

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#13 Bulleted list of Recommendations/Best Practices for Compliance

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#13 Bulleted list of Recommendations/Best Practices for Compliance

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-One of the most important things to remember when handling procedures with special education is to always be sure and document everything so that if there is ever an issue you can refer back to the documentation to prove things were done with fidelity.
-Remember FERPA and do not disclose student information unless you feel it is necessary and fits into a category that would allow you to disclose student information.
-Always do what is best for the student, do not do things only based on what the teacher says about a child, try and form your own opinion.
-Parents have a hard time accepting their child may be special needs and require extra help in their educational journey's. Learn how to put these parents at ease and reassure them it will be ok.
-Students IEP goals should always be considered and looked over before providing any counseling or lessons to the student.
-Become familiar with the special education paperwork that must be completed by the school counselor. The more comfortable you are with the paperwork the easier the process will be and the better you will be able to explain to parents and teachers.