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My name is AshLeigh Garrett, I have spent 5 years working as a Functional Life Academics teacher in all grade levels PK-12th grade in a public school.

The purpose for this topic is to hopefully clarify any misconceptions educators might have when it comes to Special Education. Each year there are more and more students receiving special education services whether it be in a resource or life academics setting. With the number of SpEd students growing it is important that all educators understand the legalities because it is guaranteed that you will have a student receiving services in your classroom.

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Interviewee:
Darla Peter, Director of Special Populations, Brownwood ISD
Topic:
Compliance specifically during COVID
Best Practices:

1. "Always have an open line of communication. It is important for my staff to know that I am here for them when they have questions or concerns" (D. Peter, personal communication, July 12, 2021).

2. "Know your points of contact whether this be within the district or with TEA and other state agencies" (D. Peter, personal communication, July 12, 2021).

3. "Listen to and get involved in the Community. We only see so much in the walls of the school but can learn so much from our community members (D. Peter, personal communication, July 12, 2021).

Summary:
The special education population is growing at a rapid rate with the legalities growing almost twice as fast. It is important for a school district to know the laws and requirements and remain up to date. Districts in Texas employee a Special Education Director (the exact title may vary) that is in charge of handling this side of program. I know for myself personally I was constantly reaching out to my SpEd Director during the 2019-2020 school year when COVID first arrived and our district shut down and went to virtual instruction suddenly. Mrs. Peter was constantly in contact with TEA on what we needed to do to stay in compliance as far as serving our students with disabilities. This was not an issue myself nor Mrs. Peter ever thought we would encounter as educators but we have gained so much knowledge and are definitely more prepared if a similar situation ever arises in the future.

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About the Organization:
The Texas Council of Administrators of Special Education, Inc. (TCASE) is a professional society of 1,200 members who administer and support special education programs in the state of Texas.
Summary:
In February of this year the TCASE wrote to the 87th Texas Legislative Session to urge for appropriate funds for TEA and local agencies to implement the Agency's Special Education Plan. They also encouraged lawmakers to support the need for the US Congress to reauthorize the individuals with Disabilities Education Act (IDEA). TCASE stated their stance on legislation repealing Student Success Initiative (SSI) for grades 5 and 8, requirements to meet satisfactory scores on EOC assessments to be eligible to graduate, and that state assessments be not required by law.
Link:
https://cdn.ymaws.com/www.tcase.org/resource/resmgr/legislative/87th_session/feb_2021_tcase_legislative_p.pdf
Reference:
Texas Council of Administrators of Special Education, Inc. (2021). Legislative Priorities for the 87th Texas Legislative Session [PDF]. Retrieved from https://cdn.ymaws.com/www.tcase.org/resource/resmgr/legislative/87th_session/feb_2021_tcase_legislative_p.pdf

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Summary:

This article from EducationWeek is a good article for all educators because it provides a brief definition and overview of what Special Education is.

This article can answer questions for those who do not have a background in Special Education and serves as a refresher for those who have been in the field of Special Education and need a little reminder.

Educators can also get a intro of what the Individuals with Disabilities Education Act (IDEA). This act was a huge turning point for students with disabilities, this ensured their right to a free public education that provides appropriate services to meet their needs.

Link:
https://www.edweek.org/teaching-learning/special-education-definition-statistics-and-trends/2019/12
Reference:
Riser-Kositsky, M. (2019). Special Education: Definition, Statistics, and Trends. Education Week. Retrieved from https://www.edweek.org/teaching-learning/special-education-definition-statistics-and-trends/2019/12

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Summary:

Less than 1 in 5 general education teachers feel prepared to teach students with mild to moderate learning disabilities.

General education teachers do not receive many courses in college if any at all depending on when they received their degree. This makes it difficult to truly know how to include them and adequately teach them.

It is important for special education teachers to communicate with their students' general education teachers and assist them any way they can.

Link:
https://www.edweek.org/teaching-learning/most-classroom-teachers-feel-unprepared-to-support-students-with-disabilities/2019/05
Reference:
Mitchel, C. (2019). Most Classroom Teachers Feel Unprepared to Support Students With Disabilities. Education Week. Retrieved from https://www.edweek.org/teaching-learning/most-classroom-teachers-feel-unprepared-to-support-students-with-disabilities/2019/05

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Source:
Constitutional Law
Summary:

Under the equal protection clause students can not be denied a public education.

Education is not considered a fundamental right under the Constitution the clause in the 14th amendment says that if a state establishes a public education system they can not deny access to a child living in that state.

Reference:
U.S. Const. amend. XIV, § 1.
Link:
https://www.law.cornell.edu/constitution/amendmentxiv

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Source:
Statutory Law
Summary:

Legislation that ensures students with disabilities have the right and access to a free public education with the appropriate services to meet their individual needs.

Schools must provide a free appropriate public education (FAPE) to kids with disabilities that allows them to learn along side their non-disabled peers in their least restrictive environment (LRE).

IDEA gives parents a say in their child's education process. Parents are given specific rights called procedural safeguards.

Reference:
Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).
Link:
https://www.wrightslaw.com/idea/idea.2004.all.pdf

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Source:
Judicial Law
Summary:

This civil rights case made the decision that separate education for African-American children was not equal.

This decision gave parents of children with disabilities the push for equal opportunities in education for all children regardless of their disability.

Reference:
Brown v. Board of Education, 347 U. S. 483 (1954).
Link:
https://www.law.cornell.edu/supremecourt/text/347/483%26gt

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Source:
Administrative Law
Summary:

Special education personnel must be certified, endorsed, or licensed if working directly with students with disabilities as their main special education teacher of record.

A teacher with an all level special education certification or endorsement may work with students any level in the special education program serving eligible students ages 3-21.

Reference:
19 Tex. Admin. Code §89.1131
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=1131

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Summary:

Under IDEA, the Texas Education Agency (TEA) is required to provide programs for resolving disagreements when it comes to the education provided to an eligible student. The three programs are:

1. Special education mediation

2. Special education complaint resolution

3. Special education due process hearings

Reference:
Texas Education Agency. (2021). Special Education Dispute Resolution Handbook [PDF]. Retrieved from https://tea.texas.gov/sites/default/files/se-dispute-resolution-handbook-english.pdf
Link:
https://tea.texas.gov/sites/default/files/se-dispute-resolution-handbook-english.pdf

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Ethical Code Item:
ASCA A.2 Confidentiality
Summary:
All aspects of special education revolve around confidentiality. Special education teachers have access to a variety of information that general education teachers do not have access too. When it comes to legalities and the potential for legal issues to arise, a special education teacher walks a fine line of getting in trouble. It is extremely important that confidentiality remain at the upmost importance of a special education teacher.
Reference:
American School Counselor Association (2016). ASCA ethical standards for school counselors [PDF]. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Link:
https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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#12 Personal Connection to the Legal & Ethical Standards

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#12 Personal Connection to the Legal & Ethical Standards

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As future school counselor that has spent years strictly working as a special education teacher with all ages PK-12th grade I feel that I will bring a lot to the table when it comes to advocating for our students with disabilities as well as knowing what trainings are most beneficial for the staff each year. As a school counselor understanding the legal and ethical principles and being up to date on any changes is crucial. When I think of a school counselor I think of the person on campus that you can go to for guidance, this is for students and staff, so it is important that I am knowledgeable on any standards, laws, etc.

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#13 Recommendations & Best Practices for Compliance

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#13 Recommendations & Best Practices for Compliance

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1. Focus on student outcomes, not inputs.

2. Ensure strong interventions and supports are available.

3. Allow special educators to play to their strengths.

4. Focus paraprofessional support on health, safety, and behavior needs, rather than academic needs.

5. Understand the importance and expand social, emotional, and behavioral supports.

6. Provide quality in-district programs for students with more severe needs.

7. Provide quality guidance and training to staff on laws and requirements.

8. Lastly, remember these students are not different they just learn differently!