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What I Learned About Legislation Regarding Individuals with Disabilities 

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What I Learned About Legislation Regarding Individuals with Disabilities 

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In my performance of this Padlet exercise, I lightly encountered quite a few pieces of literature on law regarding individuals with disabilities. As a Special Education teacher, I believed myself to be well-versed on the typical "buzz word" pieces of legislation: IDEA, ADA, FERPA, etc. However, in my research, I discovered I know a less than ideal amount about legislation as it pertains to special populations.

I had always considered "inclusiveness" in the classroom to be a concept that was widely adopted. However, due to the sheer number and length of legislation surrounding individuals with disabilities, it is clear to me that inclusiveness has not always been the norm. The process for accruing protection for individuals with disabilities was much like that of any rights campaign in history: slow-moving and full of resistance.

In researching such a broad topic, however, I chose two sources that were intriguing in their uniqueness. The first source I selected was an article on sports performance, suggesting that individuals with disabilities long to participate in athletic events just like any other individual (Lorenzi, D. 2014). I felt immensely guilty, seeing as how I didn't see why there needed to be a book written on the importance of this concept at first, though now I understand the need for literature and legislation that defends even the simplest of rights to participate for this group of individuals.

Another material I selected was a book detailing a digital curriculum for inclusiveness in the classroom. I am looking forward to furthering my research regarding Assistive Technology, as I did not realize the 1998 legislation was one of the only laws regarding specific technology integration for students with disabilities. In a world that is all about connection and access, it's not surprising to me that legislation regarding technology for assistance comes to play with the 21st Century Act and others of this nature. The curriculum did not address the needs of students with visual impairment, however, which was another issue I stumbled upon in my research: what qualifies a student as "legally disabled"? This is a question I have yet to discover the answer to.

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Researching Legislation Regarding Individuals with Disabilities Online

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Researching Legislation Regarding Individuals with Disabilities Online

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In my research using the internet, I came across a book published by Harvard Press presenting a specifically designed list of strategies and curriculum items surrounding the concept of digital technology for inclusiveness in the classroom for all individuals.

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Researching Legislation Regarding Individuals with Disabilities in U-Search

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Researching Legislation Regarding Individuals with Disabilities in U-Search

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In my research using the online database provided by the Porter Henderson Library at Angelo State University, I found an awesome journal article on creating meaningful experiences in the area of sporting events for students with disabilities.

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In my research, a common thread was the only recent development of legislation that protects students with disabilities. It's shocking to me how long it has taken the legal system to produce law that accounts for the protection of individuals of any subgroup, seeing as how it is "popular" to be uniquely served as an individual for a multitude of reasons. In an era where every rule has an exception, both practically and legally, it was interesting to discover that in a time as recently as my parents high school tenure, individuals with disabilities were often removed or isolated in schools. I'm looking forward to learning about the evolution of legislation pertaining to students with disabilities.

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I currently teach English at Hutto High School - GO HIPPOS! - and I intend to graduate from Angelo State University with a M.Ed in School Counseling. I would like to be employed as a High School Crisis Counselor, performing the standard duties of a Counselor with a focus on triage and crisis intervention.

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Option 1 - Top 5 Legal Issues according to a Johnny Kay, M.Ed, Lead Crisis Counselor and Director of Responsive Services

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Option 1 - Top 5 Legal Issues according to a Johnny Kay, M.Ed, Lead Crisis Counselor and Director of Responsive Services

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#1: Gender Classification
Right now, we are struggling with data input for whether students under the age of 18 are allowed to "identify" as a gender other than their assigned sex. With this, the Title IX protection provided by campuses and/or institutions becomes very sticky. Is it gender-based discrimination if the gender is actually antithetical to the issue, due to the gender change? It's tough for clarity to be reached by all parties.

#2. Breaching Confidentiality
It's ethically sound to assure clients or students that their private information or experiences will not be divulged outside of the practitioner-client relationship. However, especially in schools, breaching confidentiality to protect the student/another student's well-being or safety is considered best practice.

#3. Unbiased Service
Sometimes, it's impossible to eliminate a dual-relationship, especially in smaller school districts. For example, my son attends the school that I work at, and my youngest is coming to campus within the next couple of years. Obviously, it's difficult to navigate my service to close friends of theirs, prohibiting any favoritism or privileged access to them. It's a huge hurdle for us small-town professionals to make in order to best serve our students equally, outside of our biases. In really tough situations, supervision and third-party advisory is often a good safety net.

#4. Negligence
It's very tough to determine the severity of a "threat" or "risk" among teenagers. Unfortunately, it's not up to the professional to determine at their own leisure which situations present enough risk to act; if there is suggested or perceived risk, action of some sort is warranted. This become redundant and overly protective, but it's necessary to avoid any situation deemed negligent.

#5. Parental Influence on Suicide
One of the current hot-buttons with at-risk students is parental influence on minors. When working with minors, it's imperative to notify the parents of the suicide risk posed by the student. However, when the parent(s) is a factor in the suicidal behavior, the way in which parents are notified or informed - if at all- is important, as it is all contingent upon the best-interest of the minor.

(J. Kay, personal communication, August 27, 2018)

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Option 2A - Legal and Ethical Issues According to the National Association of Special Education Teachers (NASET)

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Option 2A - Legal and Ethical Issues According to the National Association of Special Education Teachers (NASET)

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In my review of the NASET website, I discovered that legislation related to technology assistance in the classroom dates all the way back to the Reagan Administration. In 1998, the Technology-Related Assistance for Individuals with Disabilities Act (P.L. 100-407) was signed into law by President Reagan, providing funding to provide statewide training programs directly related to assistive technology.

I also discovered that the first federal law to care for a person with disabilities was passed by the Fifth Congress in 1798. This law allowed Maine Hospital to care for sick and disabled seamen, evolving to match the modern concept of Public Health Service. As far as the classroom, however, much of American history lends itself to excluding students with disabilities... legally.

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curriculum for children with disabilities

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summer camps for children with disabilities

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family educational rights and privacy act

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National Association of Special Education Teachers: Technology Related Assistance for Individuals with Disabilities Act

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The National Association of Special Education Teachers-national membership org for teachers, professors, and college students involved in special education

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Option 2B - Legal and Ethical Issues According to the American School Counselor Association (ASCA)

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Option 2B - Legal and Ethical Issues According to the American School Counselor Association (ASCA)

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In my review of the ASCA website, I noticed a focus on the 21st Century Act, highlighting the implications of raising the level of Career and Technical Education course requirements for students at all levels. More than simple scope and participation analysis, the legislation requires a needs assessment, along with input from all educational stakeholders.

My research also lead me to some information on the Every Student Succeeds Act, revealing that Title II allows counselors to be listed as recipients of federal professional development funds, according to the introduction of the Specialized Instructional Support Personnel.

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Legislative Affairs | American School Counselor Association (ASCA)

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H., D., E., M., A., H., & C. (2005, September 30). The Universally Designed Classroom: Accessible Curriculum and Digital Technologies. Retrieved from https://eric.ed.gov/?id=ED568861.

Lorenzi, D. G. (2014). Creating Authentic Sport Experiences for Individuals with Disabilities. JOPERD: The Journal Of Physical Education, Recreation & Dance, 85(9), 3-5.

National Association of Special Education Teachers (NASET). (2006, August 11). Retrieved from https://www.naset.org/index.php?id=techassist2

School Counselors. American School Counselor Association (ASCA). (n.d.). Retrieved from https://www.schoolcounselor.org/school-counselors-members.