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I am creating this Padlet from the perspective of an elementary school principal to present to my campus staff. The topic I chose is the identification of special education students. I chose this topic because there has been a lot of confusion in my district and specifically my campus about the laws and regulations of identifying special education students.

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Identifying Special Education Students Slide 2

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Identifying Special Education Students Slide 2

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Identifying students who need special education services is critical to ensure maximum academic and social development in the child is reached. If a child is not identified they risk the chance of not receiving the additional support they need. The sooner the kids can get identified, the sooner they can begin receiving interventions.

Currently, a major issue with the identification of special education students is disproportionality. "For a field built on the principle of fairness. . . and grounded in the rhetoric of the civil rights movement, ongoing disproportionality strongly indicates systemic problems of inequity, prejudice, and marginalization within the education system" (Sullivan 2011). The amount of white students suspected of having disabilities is far less than the number of black students who are suspected to have a disability. According to the National Center for Learning Disabilities, "One in ten white male students are suspected each year on average, as compared to one in every four black males are suspected each year" (2019). The disparity of students being identified is an alarming trend.

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Below is a link that contains numerous resources for legal information regarding special ed students provided by the National Association of Special Education Teachers. Knowing the current and most up-to-date laws in Special Education is imperative to ensuring both teacher and student success.

https://www.naset.org/index.php?id=specialedlaw01

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Due to the pandemic and online learning, identifying special education students has been increasingly challenging over the past year and a half. Usually, teachers are the ones who recommend students for special ed testing. However, because of the pandemic,  many teachers struggled to identify which students may or may not need additional support thus creating a backlog of students who need to be identified and tested for special education.
Link- https://www.edweek.org/teaching-learning/the-pandemic-made-it-harder-to-spot-students-with-disabilities-now-schools-must-catch-up/2021/07

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Special education sees 'historic' boost in new funding

The state of California has provided special education over $1 billion in state funding for the upcoming school year. Some of the money will be used to provide new resources and additional testing. The remaining money will go to disputes between parents and the school districts. California expects court cases to surge due to the pandemic and virtual learning.
Link- https://edsource.org/2021/special-education-sees-historic-boost-in-new-funding/657311

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Texas Administrative Code  §89.1141

Administrative law

Summary- Each regional education service center (ESC) will provide leadership, training, and technical assistance in the area of special education for students with disabilities.
This law benefits both teachers and students as it provides additional training and assistance for special education students. Training like this can help teachers better identify which students may or may not need special ed services.
Link- https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?

sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1141

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H.R..4278- Assistive Technology Act of 2004

Statutory law

Summary- Requires schools to provide funding for assistive technology for students. Some students may require assistive technology for special education testing. This law allows schools to provide funding for that assistive technology.
Link- https://www.congress.gov/bill/108th-congress/house-bill/4278

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§ 300.114 L
Administrative law

Summary- Ensures that schools meet the requirements of the least restrictive learning environment for special education students.
Link- https://sites.ed.gov/idea/regs/b/b/300.114

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Evaluation procedures- Once NISD has parental consent to begin testing, "the school will use a variety of assessment tools to gather relevant functional, developmental, and academic information about your child" (NISD 2021). Once the evaluation is complete, a group composed of parents, testing coordinators, teachers, and campus admin will meet to discuss the evaluation. The committee as a whole, then decides if the child does or does not belong in special education. The parent can deny the special ed services at any time and the school has to fully cooperate.
Link-  https://www.nisd.net/district/special-education

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The book,

Your Special Education Rights: What Your School District Isn't Telling You, is great for anyone working in the special education field in any capacity. The book was written by a special education attorney and a special education advocate to help parents navigate the special education laws. This book is especially beneficial because it tells some of the signs attorneys specifically look for when deciding to pursue legal action against a school district.

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Blad, E. (2021, July 15). The Pandemic Made It Harder to Spot Students With Disabilities. Now Schools Must Catch Up. Education Week.

Good Books. (n.d.). Your Special Education Rights: What Your School District Isn't Telling You. Jennifer Laviano, Julie Swanson: 9781510719392 - Christianbook.com.

e077256. (2021, March 26).  Special Education. Northside ISD. https://www.nisd.net/district/special-education.

Jones, C. (2021, July 8). Special education sees 'historic' boost in new funding. EdSource.

NASET.org Home Page. NASET News Alert RSS. (2020, January 16).

Significant Disproportionality In Special Education. NCLD. (2021, January 26).

SULLIVAN, A. L. (2011). Disproportionality in Special Education Identification and Placement of English Language Learners. Exceptional Children, 77(3), 317–334. https://doi-org.easydb.angelo.edu/10.1177/001440291107700304