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Slide 1: Professional Perspective, Audience, & Topic

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Slide 1: Professional Perspective, Audience, & Topic

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My professional perspective as a future school counselor is to ensure that all students enrolled in my campus of employment receive adequate services based on their needs. At times, many students are overlooked by school staff members and counselors because they are not aware of the determining characteristics and laws to abide by in order to serve students. This legal guide was created with school counselors in mind, if analyzed appropriately, counselors will be able to determine/identify what students need to be tested for special education services, important guidelines, and expected timelines. I chose this topic because in practicum and my role as an educator, I have witnessed how so many children are overlooked from receiving special education services when their need for some sort of assistance is obvious.

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The need for active identification and testing for students with learning disabilities is based on student potential. All students have the potential to reach set goals, but it is important to determine how far a child can work to achieve those expectations. It is important to drop the traditional mindset that a student who is struggling to learn has a lower intelligence than their peers. The perceived “lower intelligence” may just be a causal sign that the child has a problem learning. Educators should always consider a learning disability as a reason for a student’s struggles.

An area emerging issue related to neglect of special education diagnosis to students is the increase of lawsuits against schools who miss observable signs and repudiate testing services. Research and news media articles communicate the recent increase in due process cases of unsatisfied parents who do not feel their child has been serviced as they should be (John Cardinal O’Connor School, n.d.). As future school counselors it is important to respect the law and encourage special education testing and identification services for students who demonstrate the characteristics of need. If this issue intensifies and a consistent pattern arises on the lack of identifying and servicing students, school counselors and educators may run the risk of losing their certification.

Citation:

John Cardinal O’Connor School. (n.d.). Why is early detection of a learning disability important? Retrieved from https://johncardinaloconnorschool.org/why-is-early-detection-of-a-learning-disability-important

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Link: https://www.naset.org/index.php?id=4906

Citation: National Association of Special Education Teachers. (n.d.). Evaluation and eligibility of children with suspected disabilities. Retrieved from https://www.naset.org/index.php?id=4906

Summary:

The National Association of Special Education Teachers (NASET) provides school counselors and classroom teachers with a detailed lecture/workshop series on the specific steps and procedures to follow in order to ensure that a child with suspected disabilities is tested for special education. The guide also provides detailed explanation for school members to comprehend the reasoning behind the special education process of evaluation and determining eligibility.

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Link: https://abcnews.go.com/US/texas-schools-failed-identify-special-education-students-department/story?id=52285774

Citation:

Kelsey, A. (2018, January 11). Texas schools failed to identify special education students: Department of Education. Retrieved from https://abcnews.go.com/US/texas-schools-failed-identify-special-education-students-department/story?id=52285774

Bulleted Summary:

A 2018 report released by the U.S. Department of Education claimed that the Texas Education Agency was not complying with identification of special education service laws (Kelsey, 2018).

Numerous independent school districts in the state were working diligently towards decreasing the number of special education students in their buildings. Therefore, failing to fulfill the general supervisory and monitoring responsibilities expected by the state (Kelsey, 2018).

Commissioner Mike Morath reported that the number of identified children receiving special education services had declined by more than 32,000 from the 2003-2004 school year. Considering that the state of Texas serves more than 1 million students, these numbers are incredibly unproportionate (Kelsey, 2018).

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Link: https://www.educationdive.com/news/special-ed-practices-vary-greatly-from-state-to-state-report-reveals/511836/

Citation: Harper, A. (2017, November 29). Special ed practices vary greatly from state to state, report reveals. Retrieved from https://www.educationdive.com/news/special-ed-practices-vary-greatly-from-state-to-state-report-reveals/511836/

Bulleted Summary:

Frontline Research and Learning Institute claims that there are apparent discrepancies in the procedures conducted by states to identify and support students with special needs (Harper, 2017).

A survey conducted by the same institute gathered dating stating that a probable cause to immense differentiating numbers of special education students per state is due to the Response to Intervention (RTI) program. Many schools prefer to place student in the RTI program and give them time to mature, grow up, and focus on their studies (Harper, 2017).

A probable cause to such a major discrepancy may lie in the wording and flexibility that the Individuals with Disabilities Education (IDEA) Act postulates. According to the report, IDEA gives school districts with freedom at the local level in determining the methods they which to utilize in order to identify and classify special education students (Harper, 2017).

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Individuals with Disabilities Education Improvement Act: Statutory Law

Brief Summary:

The most recent authorization of the IDEA was passed in 2004. It clarified and defined what No Child Left Behind’s term of “highly qualified” meant for special education teachers. The most significant improvement in 2004 was that IDEA established procedural safeguards to protect the rights of parents and children with disabilities. The act also provided various mechanisms to resolve differences between parents and school districts (20 U.S.C. § 1400 (2004)).

Link: https://sites.ed.gov/idea/about-idea/

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Amendment 14 – Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection: Constitutional Law

Brief Summary:
The Equal Protection Clause in the 14th Amendment explains that a state “may not deny to any person within its jurisdiction the equal protection of the laws.” This statement therefore determines that no matter what academic, social, or behavioral issues a child may have they are entitled to have equal access to adequate testing and receive proper services if required (U.S. Const. amend. XIV, § 1).

Link:
https://constitutionus.com/

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Child-Find Under IDEA 2004: Statutory Law

Brief Summary:
The Education for All Handicapped Children Act was reauthorized and renamed as the Individuals with Disabilities Education Act. The term “child-find” is utilized to describe the legal duty imposed by the IDEA Act of 2004 for educators (public school districts) to “find” students who may have a disability and may require special education services. Schools should do not wait until parents request for their children to be tested. On the contrary, educators must be on the lookout for students who may be demonstrating the need of additional support (20 U.S.C. § 1412(a)(3) and 34 C.F.R. § 300.111).

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

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El Paso v. R.R., 2008: Judicial Law

Brief Summary:
Parents of a child with an ADHD diagnosis and who had received accommodations for twelve years realized their child’s performance in school continued to be substandard. Consequently, the parents requested a due process hearing from TEA. They believed that the school failed to evaluate their child, R.R., for special education services in a timely manner, did not provide the IDEA procedural safeguards to their child or a written referral denying parent’s request to test, and violated the Child-Find guidelines of IDEA. The district court ruled in favor of the parents (El Paso v. R.R., 2008).

Link: https://casetext.com/case/el-paso-independent-school-district-v-richard

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PSJA’s Equal Education Opportunity: Local Law

Brief Summary:
The Pharr-San Juan-Alamo Independent School District is determined to provide necessary services and support to ensure the delivery of equal access to educational opportunities for all. The district’s local policy states, “If the district has a reason to believe that a student has a disability that may require additional services and supports in order for the student to receive an appropriate education as this term is defined by law, Section 504 and/or the Individuals with Disabilities Education Act (IDEA) shall govern the evaluation, services, and supports provided by the District” (Pharr-San Juan-Alamo Independent School District, 2016).

Link: https://pol.tasb.org/Policy/Download/640?filename=FB(LOCAL).pdf

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The American School Counselor Association Ethical Standards for School Counselors specifies the obligations of ethical behavior in order to better maintain the high standard of the counselor. Under the Responsibility to Students portion, Element A.10(f) states that school counselors must “advocate for the equal right 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” (ASCA Ethical Standards for School Counselors, 2016).

An ethical dilemma that could occur under the topic of identification of special education: students:

A school counselor is working diligently to push forward the testing and identification of a student who has been enrolled in the Response to Intervention (RTI) program since they were in the first grade. The child has been in the RTI program for 3 years and has made no progress. The school counselor does not understand why any of his teachers have not proceeded to have him tested for special education services. He has not demonstrated growth. The school counselor discusses the situation with the student’s current teacher, and she seems hesitant (mostly because she dreads the paperwork process). She asks the counselor to wait until he enters fourth grade so that the next teacher deals with the paperwork process. This is unethical and likely to happen because the process for requesting special education testing and identification in your school district is tedious.

Connection to the topic & solution to possible ethical dilemma: As a school counselor, you must communicate to the classroom teacher that it is her duty to provide every single student in her classroom an equal, adequate, and free public education. She must commit to beginning the process for testing for the academic, social, and emotional well-being of the student.

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

Citation:

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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Website:
Council for Exceptional Children

Link: https://www.cec.sped.org/Special-Ed-Topics

Citation: Council for Exceptional Children. (n.d.). Special and Gifted Education topics. Retrieved from https://www.cec.sped.org/Special-Ed-Topics

The Council for Exceptional Children (CEC) is the largest international professional organization dedicated to improving educational outcomes for individuals with exceptionalities, students with disabilities, and/or the gifted. The website offers a wide range of comprehensive resources for special educators and anyone who works with children or teens that have disabilities.

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Slide 13: Bulleted List of Recommendations/Best Practices for Compliance 

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Slide 13: Bulleted List of Recommendations/Best Practices for Compliance 

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Understand that even if a child is diagnosed with a disability, they may not necessarily be guaranteed a right of service under the Individuals with Education Act (IDEA) (Special Education Guide, n.d.).

Public schools provide early identification services under the Child Find program and additional early intervention services. The earlier the child begins to receive services, the more effective that the interventions will be (Special Education Guide, n.d.).

Students may survive academically in the lower grades because they are learning skills but will likely struggle in the upper grades when they are expected to apply the skill. This is a common characteristic of students with learning disabilities (Special Education Guide, n.d.).

If a child who is enrolled in the Response to Intervention (RTI) program and continues to stay stagnant with academic progress, they may have a learning disability or an undiagnosed developmental impairment. If so, it is highly encouraged for the classroom teacher to refer the child for special education assessment as soon as possible (Special Education Guide, n.d.).

Comply with the annual Individualized Education Program (IEP) meetings for the students enrolled in your campus. Communicate with parents the importance of these update meetings once a year. If the school district fails to schedule and meet with parents for the IEP this may come back and legally affect the campus and school district (Special Education Guide, n.d.).

Allow parents to contribute their observations of the child at home and provide suggestions as to what they feel may benefit their son or daughter. Although, they are not certified experts, they must feel like their thoughts and opinions are considered. School counselors and administration must discuss with parents the difference between classroom accommodations and receiving resource services outside of the classroom. If the line of communication is strong, parents are less likely to turn against the campus legally (National Education Guide, n.d.).

Citation:

Special Education Guide. (n.d.). The special education process explained. Retrieved from https://www.specialeducationguide.com/pre-k-12/what-is-special-education/the-special-education-process-explained/