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My field of education is elementary education. I have taught third grade for 12 years.  During my experience as a general education teacher, I have had special education students in the general education classroom.  Often times, I had difficulty knowing how to effectively modify and accommodate instruction and hold students accountable. I believe all students can learn if they are held accountable even if they are identified as a student with special needs.  My legal guide topic is identifying special education.  I chose this topic because often times students with learning disabilities are not given the same expectations as students who do not have a learning disability.  All students can learn, however for some it just looks different.

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K12-ASCD is a professional association for educators which provides resources and knowledge on specific topics in education.  This  professional association also provides opportunities for trainings. One of the trainings offered is Inclusion for Special Education.

Inclusion and special education. (2021). ASCD: Professional Learning & Community for Educators. https://www.ascd.org/research-a-topic/inclusion-and-special-education-resources.aspx

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ASCD's A Lexicon of Learning defines inclusion as:

The practice of educating all children in the same classroom, including children with physical, mental, and developmental disabilities. Inclusion classes often require a special assistant to the classroom teacher. In a fully inclusive school or classroom, all of the children follow the same schedules; everyone is involved in the same field trips, extracurricular activities, and assemblies.

The Lexicon defines special education as:

Educational programs for students who, because they have a disability of some kind, require special instructional help to reach their potential. This may include specially trained teachers, innovative technology or instructional materials, access to a resource room, or even external placement. The term sometimes (but not usually) includes programs for those considered gifted.

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ASCD's A Lexicon of Learning defines inclusion as: The practice of educating all children in the same classroom, including children with physical, mental, and developmental disabilities. Inclusion classes often require a special assistant to the classroom teacher.

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The Americans Disability Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

The ADA ensures students have fair and equal opportunities. (ADA, 2019)

The Americans with Disabilities Act of 1990, Pub. L. No. 101-336 § 2, 104 Stat. 327 (1990)

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Americans with Disabilities Act | U.S. Department of Labor

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The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, Title I of t…

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The Individuals with Disabilities Education Act (IDEA)

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The Individuals with Disabilities Education Act (IDEA)

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This law is the new replacement of the Education for all Handicapped Children Act (EHA), and gives individuals with disabilities the rights to intervention services that apply to children through the age of 21 for special education services.

EHA also ensures students free public education.  Students must be provided with intervention services that help meet their individual goals.

The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 (1990)

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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.

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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 Obama signed the Every Student Succeeds Act on December 10, 2015.

This law allows educators to differentiate academics for their students' individual learning needs.

Educators must provide an equal academic opportunity and the rights to special education services if necessary. (Every Student Succeeds Act (ESSA), n.d.)

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015)

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Every Student Succeeds Act (ESSA) | U.S. Department of Education

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Free Appropriate Public Education (FAPE)

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Free Appropriate Public Education (FAPE)

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Free Appropriate Public Education (FAPE) allows students to receive a fair and equal education.

The Free Appropriate Public Education law also protects the students' privacy and educational records.

Parents of students who have disabilities and are serviced through special education have the right to their students academic records.

Educators must keep updated information and education records in order to have the proper documentation that supports the students abilities.

Parents can request to view any of their child’s records at any time and can request a hearing if they have reason to believe that their child’s academic record is inaccurate.

Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

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Family Educational Rights and Privacy Act (FERPA) | CDC

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The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 that protects the privacy of student education records.

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Texas Leadership Charter Academy  states their special education policy in the student handbook to ensure parents and students are supported and protected within the school guidelines.

"TLCA incorporates special needs students into a mainstream environment that encourages inclusion" (TLCA, Student Handbook, P. 18, 2019).

Inclusion is high encouraged to promote student success was influenced by the Least Restrictive Environment Movement (LRE)

LRE allows students with disabilities to learn and interact with their peers.

Least Restrictive Environment (LRE) Movement §300.114-§300.117

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"Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation" (19 TAC § 247.2.)

This standard ensures educators must treat all students fair and equal at school.

Students who may be apart of the SPED program should be held to a high standard in regards to their academics and behavior.

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About IDEA. Individuals with Disabilities Education Act. https:/ sites.ed.gov/idea/about-idea/

Americans with Disabilities Act. U.S. Department of Labor Seal. https://www.dol.gov/general/topic/disability/ada. Ascd. (2021).

Inclusion and special education. (2021). ASCD: Professional Learning & Community for Educators. https://www.ascd.org/research-a-topic/inclusion-and-special-education-resources.aspx

Centers for Disease Control and Prevention. (2018, September 14). Family Educational Rights and Privacy Act (FERPA). Centers for Disease Control and Prevention. https://www.cdc.gov/phlp/publications/topic/ferpa.html

Grieco, H. (2019, May 7). Students with disabilities deserve inclusion. It's also the best way to teach (Opinion). Education Week. https://www.edweek.org/teaching-learning/opinion-students-with-disabilities-deserve-inclusion-its-also-the-best-way-to-teach/2019/05

Jones, C. (2020, November 30). Less siloed, more inclusive: Changes to special education teacher preparation expected to have big impact on schools. EdSource. https://edsource.org/2020/less-siloedmore-inclusive-changes-to-special-education-teacherpreparation-expected-to-have-big-impact-on-schools/644367

U.S. Department of Education. Every Student Succeeds Act (ESSA). Every Student Succeeds Act (ESSA) | U.S. Department of Education. https://www.ed.gov/essa?src=rn.

Vanderbilt Peabody College. (2021). Least Restrictive Environment (LRE). Iris Center. https://iris.peabody.vanderbilt.edu/wp-content/uploads/pdf_info_briefs/IRIS_Least_Restrictive_Environment_InfoBrief_092519.pdf

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My uncle has a learning disability. and struggled in school. Before becoming an educator, I just assumed he acted out to get attention, or he chose not to pay attention which caused him to struggle academically. As I progressed in my educational journey, I realized there were services available for him to be successful alongside his peers. After taking this class and learning more in depth about the different laws that apply to special education, I feel we did not advocate for him. My personal goal in my career is to ensure students and their families are aware of their rights to a fair and equal education even if their child has a disability. Every child deserves the chance to succeed.

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The IDEA law for special education supports students with disabilities to be taught and supported for their individual needs, which may be to be taught in a LRE in the general education classroom.

General education teachers need to ensure they are familiar and educated on the expectations and services they must provide special education students.

Students with disabilities should be held to a high standard.

Special education students have the legal rights to a fair and equal education.

Inclusion is highly encouraged to support student success.

Parents of students who have disabilities and are serviced through special education have the right to their students academic records.

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Many believe that students with disabilities who are not in their Least Restrictive Environment (LRE) learning with their peers causes a decline in their academic success.

"According to the Learning Policy Institute, only 13% of students in special education met or exceeded the state’s math standards in 2018-19, compared to 43% of their peers, even though  the majority of students in special education have conditions such as dyslexia, epilepsy, deafness or speech impairments that don’t affect their cognitive abilities" (Jones, 2020).

These students are not held at the same standards as the general education population, this then leads to students with any disabilities not being challenged and push to ensure academic success.

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Less siloed, more inclusive: Changes to special education teacher preparation expected to have big impact on schools

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Under the new standards, special education teachers will be able to co-teach in "mainstream" classrooms.

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Inclusion learning is the best type of environment for students with and without disabilities.

"Inclusion is best practice. It is also, quite simply, the right way to teach" (Grieco, 2019).

Students tend to learn from  collaboration and their peers.

“Inclusion works when educators collaborate, get the support they need, and believe in the value of all students"  (Grieco, 2019).

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Students with disabilities face substantially increased rates of abuse and restraint in schools. As an education and disability advocate seeking to change that, I frequently encounter well-meaning arguments for separating higher-needs students from the general population.

Many parents and teachers express sympathy, yet also a desire to keep certain groups of students away from the general population for a variety of reasons.

"Is mainstreaming special needs kids a good idea if it prevents the other kids from learning?"

"And what were the 20-something other kids in the room doing when the teacher was spending most of her time attending to your special-needs child?"

"It's too bad the other children are the ones who lose out when special-needs kids are mainstreamed. This story is all well and good, but it means that this woman's child got way more than the other children did in terms of support and attention."

These are the types of comments found in parent forums and in response to articles about autism and other disabilities in the classroom. And they are echoed by teachers who are facing poorly integrated classrooms with strong behavior challenges. Resistance to inclusion itself as a practice remains entrenched.

Many teachers and parents do not know the pedagogy behind inclusive instruction. Inclusion is not about throwing disabled children into general education classrooms without support or tools and leaving teachers to clean up the resultant chaos. Schools don't meet anyone's needs when they integrate thoughtlessly.

They also do not meet the legal requirements defined by the Individuals with Disabilities Education Act, which guarantees all children the right to free appropriate public education. That includes education for disabled students in the least-restrictive environment possible-not segregated and sequestered away from their peers.

It might be less convenient at first for teachers and students (and parents) to learn about and embrace the disabled student populations at their schools. But there is no inherent right to be free from inconvenience. Perhaps it's time to look more closely at why we as educators and parents are demanding that to begin with.

Inclusion, by definition, involves carefully assessing a child's needs and then implementing a strategic plan to support that child within the general classroom setting. This is done by a special education team, rather than one general education teacher. The team offers options such as teacher training, team-teaching, pushed-in special education instruction, classroom accommodations (a standing desk, computer workstation, etc.), an interpreter, or a classroom assistant added to the room for portions of the day.

My son is autistic, and he has an assistant in his mainstream classroom to support him and several other students as needed. The rest of my son's accommodations rarely affect his classmates at all. He uses a keyboard to write, he meets with the school counselor when he's overwhelmed, and he has social-skills mentoring. The staff at his school meets and works together, mainstreaming children of all abilities. Test scores and academic achievement remain strong, even with a push-in of students from a countywide behavioral program for students with significant emotional disabilities. The general education students are doing great!

Cost is frequently at the heart of arguments against inclusion. It does take money to adequately support special needs students in mainstream classrooms, of course. It costs significantly less to push an assistant in and offer training, however, than to create a separate classroom with a special education teacher or place a child in a specialized private school.

The cost of time is more significant. Inclusion requires teachers, schools, and entire school systems to commit to the model. It requires training and a general overhaul in perspective-about the role of education and the inherent value of each child and his or her learning experience-disabled or not.

However, inclusion is best practice for disabled and non-disabled students alike. Studies show that when inclusion is done well, the whole class benefits. It doesn't take away from one group to focus on another-quite the opposite. It enhances the ability of non-disabled kids to cooperate, work together, understand and value different perspectives, think critically, and even test well.

Yes, research indicates that a majority of general education students test the same or better on standardized tests when they are educated in the same classroom environment as their disabled peers. Classrooms that have several unsupported students with severe behavioral disabilities are the exception. But diagnoses like this are rare, and added supports for those students seems to be key.

When supported and given adequate training and tools, teachers in inclusive classrooms understand and instruct a variety of learners, individualizing instruction to meet the needs of all learners better. Students have varied needs and strengths, whether disabled or not. Teachers in inclusion settings learn to address this and teach better because of it.

Empathy-which cannot be measured quantitatively-matters, too. How children view peers who look and learn differently from themselves is also a consideration as they grow to adulthood and become members of their communities, and as they live and work alongside a diverse array of citizens. It's a critical factor in whether communities and workplaces are able to function and thrive.

Finally, and most importantly, disabled students can achieve. Their talents and gifts are varied, as are the talents and gifts of all students. They are legally entitled to an appropriate public education, but they also have so much to offer their non-disabled peers, teachers, and schools.

Inclusion works when educators collaborate, get the support they need, and believe in the value of all students. It's time for schools and teachers to reevaluate their long-held biases, and it's time to address the initial financial investment required for training and staffing. It's also the law.

Inclusion is the least expensive, most effective method of teaching students. It starts from the top, with administrators making this a priority. When administrators model inclusivity and support teachers in its implementation, the entire school (and school system) culture changes. Test scores are rarely negatively impacted and often go up. More importantly, children become better citizens.

Inclusion is best practice. It is also, quite simply, the right way to teach.

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Students With Disabilities Deserve Inclusion. It's Also the Best Way to Teach (Opinion)

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Inclusion doesn't just mean throwing disabled students into general education classrooms without support, writes disability advocate Hannah Grieco.

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Special education is important in education because students with disabilities must be provided a fair and equal education.  In order for students to be receive a fair and equal education, teachers must provide learning in the most least restrictive environment. This legal guide is important because there is a lack of knowledge about special education and what rights students with disabilities have. General education teachers must be aware of the different laws within special education to ensure students are successful academically.

Best practices

Have high standards and expectation for students with disabilities.

The Least Restrictive Environment (LRE) allows and supports students in the special education program to be taught in a mainstream or inclusive environment.

It is important for general education teachers to be educated on the expectations and services they must offers to special education students.

Emerging Issue
An emerging issue within special education is providing a fair and equal education for students with disabilities.  Often times, educators are not aware of the many laws within special education and the guidelines that much be followed in order for students to be successful.    Some teachers struggle to differentiate instruction for students with disabilities. The legal obligation for supporting students with disabilities is vital in order for them to be successful.

Interview
I had the opportunity to interview Liza Winn, a special education teacher at TLCA. During the interview, the thing that was stressed the most is to document, document, document due to the legality of the laws within special education.  When thinking about legal requirements and compliance, IEP's must be followed and may not be discussed with another school employee unless that teacher is academically involved with the students learning. I also learned as a special education teacher, they  write PLAAFP (present level of academic achievement and functional performance), this is a key part of an IEP (Individualizes Educational Plan) which includes: eligibility, IEP goals, accommodations, testing, reports on progress and recommendation from the committee for our Annual ARDs to support the students academic and personal needs. Ms. Winn also mentioned The Individuals with Disabilities Education Act (IDEA) and the Family and Educational Rights and Privacy Act (FERPA) provide important guidelines and, although the Every Student Succeeds Act (ESSA) focuses on all students, it also has certain implications for students with disabilities. Special Education is characterized by, who receives it, its purpose, and goal. Working with general education classroom and curriculum is important.  Ms. Winn stays current on special education laws by attending trainings and working with the special education department.