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1. Professional Perspective from a Principal to K12 Teachers on IEPs for Students with Disabilities

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1. Professional Perspective from a Principal to K12 Teachers on IEPs for Students with Disabilities

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The purpose of this legal guide is to address and signify the federal, state, and local laws in place that provide disabled individuals equitable opportunity and services in schools by use of IEPs. The following slides identify specific laws related to the aspect of disability in the K-12 context. This legal guide is presented from the perspective of a principal. This topic was chosen because of the plethora of instances when educators must apply IEP knowledge to best meet their students needs. It is important to impart, thoroughly, the impact that IEPs hold within a school system.

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There are millions of students receiving accommodative services for a disability or impairment. Students with disabilities deserve the same quality education that those without disabilities receive. As an educator or educational leader it is important to advocate for these students and their education. The impact that IEPs have on students is paramount. IEPs allow for students with disabilities to have a more successful opportunity in reaching academic goals. IEPs are important in my field of education because it gives me a guide to best support the child. The individualized plan tells me the student's strengths that I can build on and the weaknesses that we should focus on. It also clearly defines what services (and others) should provide the student. Goals and objectives are included to ensure we are working with the student to show academic/functional/behavioral growth regardless of any disability they may have.

An emerging issue in regards to IEPs and disability awareness in our field of education is structuring the IEP goals, accommodations, and modifications to a virtual platform amidst the COVID-19 crisis. Educators, alongside special education teachers, must walk unprecedented paths in ensuring equity for each student to their best of their ability when resource "pull-out" time is not a significant doable part of these students' school day on a virtual platform. Legally, each teacher, special education teacher, and leadership team should be working alongside parents to relay the most current and plausible resources to help these students with disadvantages. IEPs are still a school's responsibility despite the platform of learning in our current society. Schools must plan for how students can use accommodations or get equal access if learning is online or at home. Aside from COVID-19, another issue I see with IEPs is I think an issue I see with IEPs is some might become too narrow with our instruction. In some cases, a student may receive instruction that is mainly related to their IEP goals and objectives. While the goals and objectives are very important, we must still provide a well-rounded education to the child.

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The following resource depicts the criteria and strategies needed to truly understand how to successfully and intentionally implement IEPs for students with disabilities. This resource shows how a student's individualized education plan (IEP) requires special education teachers and general education teachers to become a team in benefitting these students. It shares practical, research-based advice and solutions to five of the most common challenges posed by IEPs: Understanding the full scope of the teacher's roll, how to complete the critical prep work for IEP meetings, offering modifications and accommodations as a teacher, contributing to the IEP team, and how to monitor student progress.

Success with IEPs: Solving Five Common Implementation Challenges in the Classroom

http://www.ascd.org/Publications/Books/Overview/Success-with-IEPs.aspx

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How to Handle IEPs During the Coronavirus Crisis
This article highlights the current problem in education amidst the COVID-19 pandemic. U.S. Secretary of Education Betsy DeVos has instructed school districts that federal law should not be used as a cover to prevent them from offering online learning. This article depicts how educators have began to creatively look at Individualized Education Program in an unprecedented time. The article explains what a special education attorney has to say on the matter. A few of his key points are as follows:
Focus on Families
IDEA Wasn't Written for This Time
Work Together, Fight Later

https://blogs.edweek.org/edweek/speced/2020/04/schools_ieps_coronavirus_crisis.html

Mitchell, C. (2020). How to handle IEPs during the coronavirus crisis. Education Week. Retrieved from https://blogs.edweek.org/edweek/speced/2020/04/schools_ieps_coronavirus_crisis.html

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Free and appropriate': Special Ed stakeholders work to make IEP meetings less one-sided (https://www.educationdive.com/news/free-and-appropriate-special-ed-stakeholders-work-to-make-iep-meetings-l/564423/)
This article recounts the experience has by a Los Angeles mom in regards to her sons' Individual Education Program and the IEP meetings held to discuss these accommodations and modifications. She explained how the meetings:
Did not present as a partnership
Highlighted only weaknesses of her medically fragile son
Contain too much professional jargon
The IEP is at the heart of special education. It is the roadmap of meeting the learning needs of students with disabilities. These meetings are necessary for helping and advocating for these students. However, it is equally important to facilitate these meetings with a principal or a school district invested in making sure that everyone is present and the parents have a meaningful role.

Jacobson, L. (2020). Free and appropriate: Special ed stakeholders work to make IEP meetings less one-sided. Education Dive. Retrieved from https://www.educationdive.com/news/free-and-appropriate-special-ed-stakeholders-work-to-make-iep-meetings-l/564423/

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6.  Original Source of Law: Constitutional Law

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6.  Original Source of Law: Constitutional Law

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Article 7 Section 1 of the Texas Constitution

This state law pertains to the educational system and the role educators have in ensuring an equitable education that preserves the “liberties and rights of the people” (Tex. Const. art 7, § 1). This law also highlights the necessary and imperative quality for the State to establish and “make suitable provision for the support” of all public schools and their students (Tex. Const. art 7, § 1).

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7/CN.7.1.htm

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7. Original Source of Law: Statutory Law

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7. Original Source of Law: Statutory Law

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Section 504 of the Rehabilitation Act

Written in 1973, this statute ensures that any government funded institution, such as schools, may not discriminate against any qualified individual on the sole basis of a disability (20 U.S.C. § 1400). All school are required, legally, to make suitable arrangements of support for disabled students.

https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

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8. Original Sources of Law: Statutory Law

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8. Original Sources of Law: Statutory Law

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Individuals with Disabilities Education Act (2004)

This federal, statutory law ensures that all qualifying individuals that are disabled are provided with a free and appropriate protection of education (20 U.S.C. § 1400). The age range of qualifying students is between 3 and 21 years of age. The students must also have a life-altering impairment which hinders their ability to learn of alters their behavior. Through this act, federal funding for support, special education services, and individualized education plans are granted (20 U.S.C. § 1400).

https://sites.ed.gov/idea/

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9. Original Sources of Law: Judicial Law

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9. Original Sources of Law: Judicial Law

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Hendrick Hudson Board of Education. v. Rowley
Hendrick Hudson Board of Education. v. Rowley is a supreme court case involving Amy Rowley, a deaf student. Amy was a high achieving student who could lip read. She did well enough to achieve academic success with out an interpreter. Because of her achievement, administrators discontinued the additional services under her IEP.
Amy’s parents sued the district, arguing that Amy will not reach her full potential without additional services. In a split decision of 6-3, the Supreme Court ruled in favor of the school district, deeming her education fair and appropriate due to her ability to keep up in class (Hendrick Hudson Board of Education. v. Rowley, 1982).

Advocating in the best interest of disabled children's education can be a difficult aspect as a principal. However,  because the administrator in this case was well-versed in Amy's guidelines of special education and 504 services he was able to ensure that Amy's rights were not infringed upon and her education was fair and appropriately delivered.

https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

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In its efforts to promote nondiscrimination and as required by law, the district does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law in providing education services, activities, and programs, including Career and Technical Education (CTE) programs. In accordance with Title IX, the district does not and is required to not discriminate based on sex, race, disability, or have any gender-based harassment in its educational programs or activities.
San Angelo ISD. (2020, August). Student-Parent Handbook, Required Legal Notice Nondiscrimination, § P.4 Retrieved from https://resources.finalsite.net/images/v1603990503/saisdorg/g3am1duqv5snuljppgcm/StudentHandbook2020-2021.pdf

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Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

Professional Ethical Conduct, Practices and Performance. 19 Tex. Admin. Code § 247.2 (g)(1.7).
The educator shall comply with state regulations, written local school board policies, and other state and federal laws as in complying with IEP mandated modifications and accommodations.

Ethical Conduct Toward Student, 19 Tex. Admin. Code § 247.2 (d)(3.4).
This standard requires that the educator not grant advantage to a student on the basis of disability and other characteristics of individuals.

As a principal, it is important to communicate how paramount it is for professionals to comply with School Board, State, and Federal policies. The Code of Ethics depicts quite vividly how students may not be deprived or negated the opportunity given to others because of a disability. The Individualized Education Program is in place so that educators do not violate these students' rights and act in an unethical manner.

http://ritter.tea.state.tx.us/sbecrules/tac/chapter247/ch247.html

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12. Non-Law Source: Educating All Learners- An Alliance Dedicated to Equity for Complex Learners

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12. Non-Law Source: Educating All Learners- An Alliance Dedicated to Equity for Complex Learners

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The following website is a non-law source that is helpful for parents, teachers, and administrative staff to learn how to gauge the topic of IEPs in a virtual platform due to the unprecedented COVID-19 pandemic. Aside from this helpful information, this website also provides brief, vetted lists of online teaching tools, like videos and lesson plans. Furthermore, this website has a question and answer forum in which real teachers discuss solutions to problems that they have encountered in their professional career.
https://eala.wpengine.com/

Educating all learners is for you. (2020). Educating All Learners. Retrieved from https://eala.wpengine.com/

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13. List of Recommendations / Best Practices for Compliance

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13. List of Recommendations / Best Practices for Compliance

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·       Follow the IEP to a T

·       Ask questions and recognize that this does not work without a team for support

·       Advocate for you students (Remember Hudson- as their teacher, you know their ability)

·       Seek out the resources you need

·       Collaborate in house with our general education and special education teachers but don't be afraid to network with other teachers in other schools

·   Accommodate for your students- become familiar with accommodations possible to use with your students and try new strategies as to give students the greatest impact for successful learning

As an educator, it is crucial to become knowledgeable in the rights and laws of disabled students in order to support them in the best means possible. As a principal, it is important to advocate for educators and students alike. Providing educators with resources and support contains the key to giving all students the equitable education they deserve.

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Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

Ethical Conduct Toward Student, 19 Tex. Admin. Code § 247.2 (d)(3.4).

General Provisions, 19 Tex. Admin. Code § 89.1001.

Hendrick Hudson Board of Education v. Rowley., 458 U.S. 176 (1982).

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004).

Jacobson, L. (2020). Free and appropriate: Special ed stakeholders work to make IEP meetings less one-sided. Education Dive. Retrieved from https://www.educationdive.com/news/free-and-appropriate-special-ed-stakeholders-work-to-make-iep-meetings-l/564423/

Mitchell, C. (2020). How to handle IEPs during the coronavirus crisis. Education Week. Retrieved from https://blogs.edweek.org/edweek/speced/2020/04/schools_ieps_coronavirus_crisis.html

Professional Ethical Conduct, Practices and Performance. 19 Tex. Admin. Code § 247.2
(g)(1.7).

San Angelo ISD. (2020, August). Student-Parent Handbook, Required Legal Notice Nondiscrimination, § P.4 Retrieved from https://resources.finalsite.net/images/v1603990503/saisdorg/g3am1duqv5snuljppgcm/StudentHandbook2020-2021.pdf

U.S. Department of Education. (2010). Free appropriate public education for students with     disabilities. Retrieved from            https://www.google.com/searcq=how+to+apa+cite+website&rlz=1C1GCEB_enUS8US825&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiIg5ji8tTgAhVqmK0KHWcYQ_AUIDigB&biw=1707&bih=813&dpr=1.13#imgrc=F86k1Yt-klirPM