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My goal after graduating with a Master of Education in Guidance and Counseling centers around working with at-risk children between the ages of five and 21-year-old. Specifically, I am interested in becoming a counselor with one of New Mexico's non-profits dedicated to runaway children.

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My goal after graduating with a Master of Education in Guidance and Counseling centers around working with at-risk children between the ages of five and 21-year-old. Specifically, I am interested in becoming a counselor with one of New Mexico's non-profits dedicated to runaway children.

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I spoke with Rachel Ochoa, one of Albuquerque Public School's (APS) Resource Counselors and Coordinator for Counseling Services, where legal and ethical consultations occur daily.

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I spoke with Rachel Ochoa, one of Albuquerque Public School's (APS) Resource Counselors and Coordinator for Counseling Services, where legal and ethical consultations occur daily.

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#1 - Confidentiality often pops up during consultations with APS counselors. The difference between divorced parents when it applies to their child's outside counseling referrals causes many counselors to question what information they may deliver to each party.

#2 - High suicide rates plague New Mexico, and counselors must involve Children Family and Youth Development (CYFD) if they believe a student is in immediate danger.

#3 - When the 2016 American School Counselor Association (ASCA), APS added a new suicide protocol step. It requires counselors to contact parents every time a counselor asks the suicide questions, regardless of the answer. The change occurred based on ASCA ethics.

#4 -  The ASCA ethical code often provides the answer when a counselor feels uncertain about a legal or ethical issue, but, of course, consultation with peers remains crucial. Carolyn Stone provides important insight as an ASCA ethics guide.

#5 - Student safety in schools also recently influenced changes in APS' counseling procedures when consulting with administrators.

(R. Ochoa, personal communication, January 18, 2018)

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Counseling Services Staff - Albuquerque Public Schools

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Recently, articles on student safety populate the media, but Andrew Ujifusa in Education Week (2018) highlighted a Democratic bill called Keeping All Students Safe Act, which aims to  limit the use of restraint and seclusion in schools nationwide. In 2009, a Government Accountability Office report revealed a disproportionate amount of restraint and  seclusion acts occurred on students of color (Ujifusa, 2018). Not only do students of color deal with inequality, but special education students also receive similar treatment (Ujifusa, 2018). The bill requires staff certification for physical restraint, and I believe the training may add to a counselor's role in schools.

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Recently, articles on student safety populate the media, but Andrew Ujifusa in Education Week (2018) highlighted a Democratic bill called Keeping All Students Safe Act, which aims to  limit the use of restraint and seclusion in schools nationwide. In 2009, a Government Accountability Office report revealed a disproportionate amount of restraint and  seclusion acts occurred on students of color (Ujifusa, 2018). Not only do students of color deal with inequality, but special education students also receive similar treatment (Ujifusa, 2018). The bill requires staff certification for physical restraint, and I believe the training may add to a counselor's role in schools.

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Democrats on Capitol Hill are seeking to ban the practice of isolating students in special rooms or otherwise secluding them in schools that receive federal funds, as well as to limit when students can be physically restrained.

The Keeping All Students Safe Act would also require schools to notify parents within 24 hours when their child has been physically restrained and require states to collect and publish data on restraint and seclusion, including reports of injuries or death.

Rep. Bobby Scott of Virginia, the top Democrat on the House education committee who is poised to become the panel's chairman next year, and Rep. Don Beyer, another Virginia Democrat, are the authors of the bill. Democratic Sens. Patty Murray of Washington state and Chris Murphy of Connecticut are slated to introduce a companion bill in the Senate. (Murray is the top Democrat on the Senate education committee.)

Restraint and seclusion is a particularly big issue in the special education community, although a House Democratic aide indicated the lawmakers' ongoing concern about the issue extends beyond students with disabilities. Advocates say that the official statistics about the restraint and seclusion of students almost certainly underestimate the true number of such incidents, and that many of the practices lead to long-term trauma as well as physical injuries. Educators say it's a difficult issue for them, because they must sometimes balance the need for safe and secure classrooms with the health and welfare of some of their most vulnerable students.

An Education Week analysis found that close to 70,000 special education students, or one out of 100, were restrained or secluded in public schools in the 2013-14 school year, or about one 1 of every 100 of those students. That analysis was based on the federal Civil Rights Data Collection from the 2013-14 school year that's based on district-reported information.

Chance for Headway

The bill, introduced Nov. 14, isn't the first education legislation Democrats are introducing as the party in control of the House-that turnover won't happen until January, when this Congress leaves office. And it doesn't have a great chance of passing by any stretch in this lame-duck period of Congress. But the Democrats plan to reintroduce the bill when the next Congress starts in January, and clearly, it's an issue on which they think they can make at least some political headway.

About 30 states now have policies designed to limit the use of restraint and seclusion, a number that's been growing in recent years.

"Every school should be a safe and welcoming place where all students can get a quality education. Unfortunately, thousands of students are still subjected to dangerous seclusion and restraint practices, which research shows make schools less safe," Scott said in a statement. "While it is encouraging that some states have begun to prohibit or limit the use of seclusion and restraint, it is important that Congress pass the Keeping All Students Safe Act, which would establish a nationwide minimum safety standard. Moreover, this legislation would provide states and teachers the support they need to improve their schools' culture by using "evidence-based interventions."

The Every Student Succeeds Act also requires states to show how they plan to reduce "aversive behavioral interventions."

Continued Push

A version of this proposal was first introduced by Democrats in 2009, and lawmakers have proposed it in subsequent years without success-legislation came close to passing in 2010. Democrats' concerns also are rooted in racial disparities: A 2009 Government Accountability Office report that led to the original bill found that restraint and seclusion practices were used disproportionately on students of color. Congress has asked for an update to that GAO report.

In addition, the Keeping All Students Safe Act would:

* Prohibit the use of physical restraints, except to protect other students and staff;

* Ban the use of chemical and mechanical restraints, and physical restraints that affect breathing;

* Outlaw the use of physical restraint as a planned intervention; and

* Require staff members to be certified before they use physical restraint under minimum standards.

Published in Print: November 28, 2018, as Democratic Bill Aims to Put Brakes on Restraint and Seclusion Practices

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Democratic Bill Aims to Put Brakes on Restraint and Seclusion Practices

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Democrats on Capitol Hill are seeking to ban the practice of isolating students in special rooms or otherwise secluding them in schools that receive federal funds, as well as to limit when students can be physically restrained.

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A second article on Education Dive (2019) caught my attention because it also focused on special education students. Shawna De La Rosa (2018) explains how schools fail to provide support for these students during their transition high school to higher education or vocational training. If public schools fail to provide proper special education students, they may face legal issues related to the Individuals with Disabilities Education Act (IDEA) (De La Rosa, 2019). Counselors offer certain skills for school staff.

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A second article on Education Dive (2019) caught my attention because it also focused on special education students. Shawna De La Rosa (2018) explains how schools fail to provide support for these students during their transition high school to higher education or vocational training. If public schools fail to provide proper special education students, they may face legal issues related to the Individuals with Disabilities Education Act (IDEA) (De La Rosa, 2019). Counselors offer certain skills for school staff.

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Dive Brief:

When preparing students in K-12 special education programs for the transition from high school to careers or higher education, it must be done in a way in which students won't notice the upheaval in their lives - which can be achieved via internships or coursework at a community college, David Test, a professor of special education at the University of North Carolina at Charlotte, tells District Administration.

Students are now more involved in planning their individualized education programs (IEPs) so the post-graduation transition mirrors their interests and goals, and administrators are working more closely with outside employers to ensure a smoother entry to life after graduation.

The 2008 recession took a toll on these transitional programs, but funding has finally rebounded, with some examples including a partnership between Boston Public Schools and Roxbury Community College called " Knowledge. Enrichment. Engagement.," which teaches soft skills like time management that can be particularly difficult for students with special needs. Another program, at Cleveland County Schools in North Carolina, provides coursework that includes all the requirements needed to obtain a high school diploma in that state, along with soft skills training.

Though they aren't often spotlighted in college and career readiness conversations, special education services are critical components of what public school districts offer the community. And failure to be on par with these offerings can also have legal ramifications under the Individuals with Disabilities Education Act.

When it comes to preparing for college and career readiness, these students need at least the same level of support as their peers - even if it's modified. And, in part because of the Higher Education Opportunity Act, colleges have expanded options for career, academic and skills-related college programs. Universities often have options catered to students with special needs, and some community colleges also provide training for specific occupations including medical assistance, computer programming and criminal justice.

Special education students graduate high school in lower numbers than their peers: During the 2015-16 school year, the nation's public high school graduation rate was 65.5% for students with disabilities, compared to 84.1% for the total student population. Preparing for a post-graduate transition is important for any student, and for those with disabilities, a clearer, more structured path can help prevent any hurdles they could face after getting their diplomas.

Regardless of whether students transition into college or the workforce, s chools should he effort is worth it: these students often have high IQs and can flourish after high school be on the lookout for programs - at either the local, state or national level - that support those with disabilities beyond their high school graduation. And t if given the proper support. Schools should measure students' interests, help them set goals and provide appropriate support for the next stage by helping them make a post-high school plan.

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Don't overlook special ed students in college, career readiness planning

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When preparing students in K-12 special education programs for the transition from high school to careers or higher education, it must be done in a way in which students won't notice the upheaval in their lives - which can be achieved via internships or coursework at a community college, David Test, a professor of special education at the University of North Carolina at Charlotte, tells District Administration.

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I chose to focus on special education, especially in public schools because the Individuals with Disabilities Act affects every person involved in education and beyond, and we need to remember how students' lives continue after K-12. I believe educators and counselors need to understand every legal and ethical implication and how our choices affect students' futures, and I feel as though IDEA may be overlooked, especially when understanding which students need special education.

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I chose to focus on special education, especially in public schools because the Individuals with Disabilities Act affects every person involved in education and beyond, and we need to remember how students' lives continue after K-12. I believe educators and counselors need to understand every legal and ethical implication and how our choices affect students' futures, and I feel as though IDEA may be overlooked, especially when understanding which students need special education.

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The Angelo State University Library carries various sources on IDEA, and I chose one specific to aiding special education students during and after their education through tailored methods (Giangreco, 2017).

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The Angelo State University Library carries various sources on IDEA, and I chose one specific to aiding special education students during and after their education through tailored methods (Giangreco, 2017).

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The U.S. Department of Education provides extensive information on IDEA and provides basic summaries, along with the statute and regulations (IDEA, n.d.).

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The U.S. Department of Education provides extensive information on IDEA and provides basic summaries, along with the statute and regulations (IDEA, n.d.).

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Individuals with Disabilities Education Act

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The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 8 million (as of school year 2022-23) eligible infants, toddlers, children, and youth with disabilities.

Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.

Additionally, the IDEA authorizes:

Formula grants to states to support special education and related services and early intervention services.

Discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations to support research, demonstrations, technical assistance and dissemination, technology development, personnel preparation and development, and parent-training and -information centers.

Congress reauthorized the IDEA in 2004 and most recently amended the IDEA through Public Law 114-95, the Every Student Succeeds Act, in December 2015.

In the law, Congress states:

Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

Other Laws for Children with Disabilities

The U.S. Department of Education's Office for Civil Rights ( OCR) provides additional resources of interest for individuals with disabilities and their families.

OCR does not enforce the IDEA; however, OCR does enforce the Rehabilitation Act of 1973, Section 504 and Americans with Disabilities Act of 1990, Title II rights of IDEA-eligible students with disabilities.

To learn more, visit the OCR's Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.

Visit OCR's website for additional resources, including Disability Discrimination FAQs.

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About IDEA - Individuals with Disabilities Education Act

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The IDEA is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

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President Ford signed IDEA into law in 1975, with the last amendment in 2015 to include the Every Student Succeeds Act (IDEA, n.d.). IDEA protects 6.9 million children, with the number growing every year from the 62 percent in general education classrooms (IDEA, n.d.). The numbers prove IDEA's importance in our education system and why every educator needs to understand its regulations.

Inclusive participation is a requirement in IDEA and educators may be unaware of discrimination in curriculum and school atmospheres which may hinder equal opportunities for these students (Giangreco, 2017). The education and counseling services for children with disabilities must be adjusted to meet individual needs, and if educators fail to fulfill these requirements, the entire institute may face legal and ethical issues.

My role as a counselor requires current legal knowledge, as well as constant training on ASCA ethics. Educators continue learning, along with their students, and additional training courses improve our ability to provide equal education and counseling within legal and ethical parameters. Counselors need to work with other educators to consult and find the best option for students and their families. Rachel Ochoa commented on how legal and ethical do not always go hand in hand, and part of being a counselor is understanding their differences and similarities (R. Ochoa, personal communication, January 18, 2019).

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De La Rosa, S. (2019). Don't overlook special ed students in college, career readiness planning. Education Dive. Retrieved from https://www.education
dive.com/news/dont-overlook-special-ed-students-in-college-career-readiness-planning/546054/

Giangreco, M.F. (2017). Expanding opportunities for students with intellectual disability. Education Leadership, 74(7), 52-57. Retrieved from http://eds.a
.ebscohost.com.easydb.angelo.edu/eds/pdfviewer/pdfviewer?vid=4&sid=ed27c9b9-705b-40fc-a94b-0d862fb66e25%40sessionmgr4010

IDEA. (n.d.). Individuals with Disabilities Education Act. Retrieved from https://sites.ed.gov
/idea/about-idea/#IDEA-Purpose

Ochoa, R. (2019, January 18). Email interview.

Ujifusa, A. (2018). Democratic bill aims to put brakes on restraint and seclusion practices. Education Week. Retrieved from https://www.edweek
.org/ew/articles/2018/11/28/democratic-bill-aims-to-put-brakes-on.html?r=317067518&print=1&mkey=3218C668-19C8-11E9-A30A-99F6C819EBCD