# data[].attributes.headline
Slide #1: Professional Perspective, Audience & Topic

# data[].attributes.subject
Slide #1: Professional Perspective, Audience & Topic

# data[].attributes.body
My professional perspective comes from my background as a special education teacher. I taught as a special education teacher for a total of nine years teaching students who had emotional disturbances and learning disabilities. Although counselors do not specifically work with special education students, counselors play a significant role in identifying students with disabilities, especially behavior challenges.
This Legal Guide Padlet can be used as a tool for counselors and administrators to aid them in understanding the essential laws related to identifying students with special needs. I specifically selected this topic to bring clarification regarding the counselor’s role in special education. Because counselor can be assigned many duties, their role within special education can be misleading. It is vital that the counselor understands that their primary purpose within special education is to assist in the identification process of students who have not yet been identified.

# data[].attributes.body
I conducted an interview with Jean Moore, an elementary school counselor at Sheffield Elementary school in Carrollton- Farmers Branch ISD.
1. What is special education identification important in the field of counseling?

I conducted an interview with Jean Moore, an elementary school counselor at Sheffield Elementary school in Carrollton- Farmers Branch ISD.
1. What is special education identification important in the field of counseling?
According to elementary school counselor Jean Moore, counselors play a vital role in assisting with the identification of children with disabilities. She explained that counselors must be able to observe and document data regarding tier 2 and tier 3 behaviors.
2. What are best practices for counselors in the area of special education identification?
Ms. Moore explained that documentation is critical when collecting data for children with suspected disabilities. She further explained that the documentation process would occur during tier 2 and tier 3 of the RTI process. Because of VE child's rights in parents rights, and legal issues, it is essential to take general notes leaving out personal opinions and emotion but rather stick to the facts and direct observations.
Ms. Moore also moved on to say that counselors should be sure to attend trainings; the more knowledge you have regarding special education, the more power you have.
Finally, she explained that counselors should ensure that they are very familiar with the response to intervention process and be sure to stick to the law. Anything related to special education in 504 is critical, therefore pay extra attention to detail, Stick to the facts, and avoid adding personal opinions.
3. What do you believe are some emerging issues concerning special-education identification?
Jean Moore explained that an emerging issue within the field of counseling and special education is regarding the duties that officially belong to the counselor. The counselor should not be seen as an expert within special education. It is essential that administrators recognize the responsibilities of a counselor; therefore, it is vital that they honor the counselor's time in balancing those duties.

(J. Moore, personal communication, July 12, 2019)

# data[].attributes.attachment_link.title
Counseling | Carrollton-Farmers Branch ISD

# data[].attributes.headline
Slide #3: Professional Association Resource

# data[].attributes.subject
Slide #3: Professional Association Resource

# data[].attributes.body
The American School Counselor Association released a webinar on Behavior Intervention
Plans for Tier 3 Students.
This webinar goes into detail regarding the review of the RTI2-B/MTSS process and the systems used to identify students, it demonstrates an effective functional behavior assessment and how to analyze the data. The webinar also breaks down the design of a behavior intervention plan (BIP) and explains how the counselor can evaluate the effectiveness of the BIP.

Behavior Intervention Plans for Tier 3 Students. (2019, June 4). Retrieved from https://videos.schoolcounselor.org/behavior-intervention-plans-for-tier-3-students

# data[].attributes.headline
Padlet Slide #4: Article #1 - Special Education Is Broken

# data[].attributes.subject
Padlet Slide #4: Article #1 - Special Education Is Broken

# data[].attributes.body
This article discusses the obstacles behind the Individuals with Disabilities Education Act (IDEA). Although IDEA changed education by giving students with disabilities access to education, the author explains how the law is broken due to a variety of factors.

Lack of special education identification

Complex Response to Intervention (RTI) process

Lack of funding to accomplish all that IDEA requires

The author explains that Child Find, a special education law that requires school districts and educators to identify children with disabilities, is not working due to an over-complex RTI process.
According to the article, more than 70% of school districts utilize some form of RTI, yet the article pushes back on the success of RTI. A study showed that students involved in the RTI process performed worse than their peers who performed on a similar level and were not included in the RTI process.
The author asks a crucial question, "But if RTI is currently too complicated for most schools to implement well, what does that mean for the teachers and principals who are working so hard to put it in place, or for the students who are enrolled in it right now?" (Samuels, "Special Education Is Broken," 2019, para. 11).
The author also poses another valuable question, should general education teachers be expected to become certified in special education since this is the setting where students spend most of their school day? Samuels, "Special Education Is Broken," 2019).
The author concludes with the notion that IDEA brought about necessary change for students with disabilities; however, educators must determine how to make sure that students have meaningful access to their services.

Samuels, C. A. (2019, February 20). Special Education Is Broken. Retrieved July 16, 2019, from
https://www.edweek.org/ew/articles/2019/01/09/special-education-is-broken.html

# data[].attributes.attachment_link.readable_text
Editor's Note: Associate Editor Christina Samuels covers special education. This analysis is part of a special report exploring pressing trends in education. Read the full report: 10 Big Ideas in Education.

The year was 1975, and President Gerald Ford was ambivalent about the law he was about to sign, guaranteeing that students with disabilities are entitled to education in the public schools. He said so in what was then an infrequently used presidential option-a signing statement.

No one could argue against the law's goals, Ford wrote. But the "Education for All Handicapped Children Act" was underfunded, promised too much to families, and was burdened by complex technical requirements, he said.

Fortunately, he said, the law wasn't scheduled to be fully implemented until 1978. "There is time to revise the legislation and come up with a program that is effective and realistic," Ford wrote.

That was optimistic.

Special education must move beyond a one-size-fits-all model, explains disability civil rights pioneer Judith Heumann. Scroll down for the Q&A.

Over 43 years later, others still hold Ford's concerns, and they aren't opponents of the law. Rather, people who have spent their professional careers or personal lives deeply involved in the cause of educating students with disabilities are the same ones who are troubled-publicly and privately-about special education as functional law and as a process intended to get students the education that they need.

What is now the Individuals with Disabilities Education Act was the culmination of decades of activism all over the country. Now that the law is here, it will take a revival of that same spirit to fix what is broken in the implementation.

And that implementation is broken in some fundamental ways. Here are a few: Children with disabilities aren't always identified for needs when they have them. When they are identified, what happens in the classroom is hit-or-miss. And, as Ford and countless school officials, advocates, parents, and teachers have said since 1975, there's not enough money in the law to accomplish all that it requires.

Let's take a look at the process of identifying children with disabilities, one of the underpinnings of the IDEA. School districts have to seek out and evaluate any child in their boundaries that may have a disability-a process that the special education law calls "child find."

But the process of identifying children with certain disabilities-dyslexia, for example-is exquisitely sensitive to human pressure and to public policy. After years of growth, the overall special education population dipped in the early 2000s. Why? It's not clear.

There could be a policy driver: The 2000s saw many schools adopt "response to intervention," an educational process intended to steer students to appropriate interventions before they fall too far behind academically.

But those same policies can also be used to keep children out of special education who should qualify for it. Texas was called out earlier this year by the U.S. Department of Education for failing to identify and evaluate its students properly, thus keeping its special education enrollment numbers artificially low. State officials say the price tag for providing additional special education services could be more than $3 billion over the next three years.

Another twist to the identification issue: Recent research shows that minority children are actually less likely than their white peers to receive special education services, upending years of other studies. The pushback against those findings has been fierce.

And then there is what happens once students are identified. Response to intervention was rolled out to schools with great fanfare and is now used in some form in more than 70 percent of school districts. But a major goal of RTI is to keep children out of special education-an acknowledgement that some children are receiving services who should not really need them, and that other students need extra academic help who aren't identified with a disability.

Does RTI work? One large study in 2015 showed that students in the program who were supposedly receiving targeted interventions actually performed worse than virtually identical peers who were not in an RTI process. RTI supporters say the problem is poor implementation that needs simplification.

But if RTI is currently too complicated for most schools to implement well, what does that mean for the teachers and principals who are working so hard to put it in place, or for the students who are enrolled in it right now?

And then, there's the money. Congress never funded the IDEA for the full amount that was authorized when the law was first signed. At that time, Congress estimated that it cost states twice as much to educate a student with disabilities as it does to educate a general education student, and the law authorizes the federal government to give up to 40 percent of that excess cost to states.

Congress has never come close to that mark; its $12.3 billion contribution in fiscal 2018 is more like 15 percent of the excess cost.

But we don't have a good idea nationally of how much is spent on special education, or if it's still correct that special education students cost school districts twice as much to educate. The last national spending numbers are more than 20 years old. And even if more money was poured into the system, would it flow to where it's needed? A 2014 report by New America, a Washington-based think tank, asserted that the out-of-date, complicated formula that the federal government uses to distribute money to states has resulted in small districts getting more federal money per student than larger districts, and shrinking school systems receiving more federal dollars than school districts that are growing.

Right now, advocates have been in something of a defensive crouch over the law, which is nearly 10 years overdue for reauthorization. A new Congress might have a new attitude, however. And when and if it picks the law up again, here's some questions that need answering:

* How much does it really cost to educate students with disabilities? The numbers often cited don't take into account changes such as the growth of students with autism or impairments such as attention deficit hyperactivity disorder, the rise of inclusion, or the increasing availability of interventions outside of the formal structure of special education.

* Should special education be provided primarily by special education teachers? Most children with disabilities spend most or all of their time in the general education classroom. Given the chronic shortage of special education teachers, it may be time to make all teachers learn the fundamentals of what special education entails. This is already happening in some places. For example, at Syracuse University, any undergraduate student who wants to be an elementary teacher has to take coursework in inclusive education. Students are recommended for certificates in both general and special education.

* Special education comes with a long list of rights that parents have, but are those rights reasonably available to everyone? Advocates hailed the 2017 Endrew F. v. Douglas County School Board U.S. Supreme Court ruling that established more-ambitious expectations for special education students. But it's important to note that the parents in that case-like most parents-lost at every step of the process: at the administrative judge level, at the district court level, and at the appeals court level before prevailing at the high court. They had resources to carry on the fight that few parents possess. Schools and districts are afraid of lawsuits, even though they win the vast majority of them. But parents also have fears that their children are not getting the appropriate education to which they are entitled.

In the vast majority of cases, parents are not unreasonable, nor are special educators lazy. Everyone is working hard, and in good faith. But the landscape in 2018 is far different from the educational landscape in 1975.

The IDEA made a fundamental change in access to education for students with disabilities. Now it's time to make that access meaningful.

PERSPECTIVE

Q&A: How to Expand Special Education Services
Disability civil rights pioneer Judith Heumann has been at the forefront of trailblazing legislation to support people with disabilities, including Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, first passed in 1975, and the 1990 Americans with Disabilities Act. A former assistant secretary of education for special education and rehabilitative services, Heumann says the future of this country relies on valuing every child and adult. What will it take for the nation to have an "aha" moment about the state of special education?
The nation needs to recognize that education for all will not occur with a one-size-fits-all model. To get there, we must train all administrators and all teachers to teach all children. We must educate the average American that our ability to be competitive in the global economy rests on having a highly educated workforce, and we cannot afford to believe that any one group of children cannot benefit from a robust educational system. And finally, special education should not be seen as a place but rather a service.
How would you ensure that teachers have the training and support they need to be effective?
The U.S. Department of Education and state education departments need to ensure that appropriate standards (with accountability measures) are developed and implemented. States need to support teacher-preparation colleges that offer dual-licensure, that are taught by faculty who have successfully worked in inclusive classrooms, and offer meaningful clinical programs. Future educators should learn principles of universal design for learning, differentiated instruction, and co-teaching. Funding should come from the federal and state governments. Scholarships should be more available so that students are not fearful of debt that they will not be able to pay back. Additionally, one would know that the teacher programs are effective when administrators are satisfied with the people they are hiring and graduates feel they have the knowledge and confidence to work in diverse classrooms.
What are the federal, state, and local levers you would pull to effectively educate students with disabilities?
Quality education ensures a strong democracy. In our schools every day, we understand that students' lives are impacted not only by what is happening in the classroom, but by poverty, health care, safety, employment, and housing, for example.

We must develop high standards for administrator and teacher licensure, provide sufficient funding to support our schools, and provide grants and loan forgiveness for educators. We must work with local, state, and national businesses to understand the future of work and the kind of learning that must be going on in our schools every day.

We cannot afford to squander one child's life. Our efforts will be measured by reduced dropout rates, significant reduction of juveniles entering our prison systems, and ultimately producing a society where we have demonstrated the value of diversity in our communities. This means that no child or adult should be devalued because of disability or any other marginalizing label.

Published in Print: January 9, 2019, as Special Education's Future

Please enable JavaScript to view the comments powered by Disqus.
Back to Top

# data[].attributes.attachment_link.description
Editor's Note: Associate Editor Christina Samuels covers special education. This analysis is part of a special report exploring pressing trends in education. Read the full report: 10 Big Ideas in Education. The year was 1975, and President Gerald Ford was ambivalent about the law he was about to sign, guaranteeing that students with disabilities are entitled to education in the public schools.

# data[].attributes.headline
Slide #5: Article #2 - Practice Falls Short of Promise

# data[].attributes.subject
Slide #5: Article #2 - Practice Falls Short of Promise

# data[].attributes.body
The author raises the concern regarding the effectiveness of RTI and proposes that researchers need to know "more about the differences in the quality of instruction, the types of interventions, and the progress-monitoring systems used in each school studied" (Sparks, 2016, p. 35).
Based on the article written by Sparks (2016), federal evaluation finds that RTI may hold some students back as opposed to helping them. In a study conducted by the National Center for Education Evaluation and Regional Assistance, the findings showed that first graders who received reading intervention performed worse than their peers who were almost identical and did not receive assistance. Also, students who were already in special education performed poorly when they received interventions.
Concerns

Schools are blurring of the lines between core instruction and intervention.

Schools are using one test to identify students for Tier 2.

Schools are using a standard set of interventions for Tier 2 students.

Because schools are allowing interventions to focus on few skills during the Tier 1 process, "Students are missing a lot of broader things that are going to make a difference in their ability to put it all together in functional reading" (Sparks, 2016, p. 33).
So many schools reflect such negative data; therefore, there must be a gap between research and practice.
The author suggests "that school leaders using RTI for early-grades reading should re-examine how they identify students and what interventions they provide to them (Sparks, 2016, p. 35).

SPARKS, S. D. (2016). RTI Practice Falls Short of Promise. Education Digest, 81(7), 31–35. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=a9h&AN=113072598&site=eds-live

# data[].attributes.headline
Slide #6: Every Student Succeeds Act (ESSA) - Statutory Law

# data[].attributes.subject
Slide #6: Every Student Succeeds Act (ESSA) - Statutory Law

# data[].attributes.body
The ESSA replaced the No Child Left Behind Act (NCLB) and
amends the Elementary and Secondary Education Act of 1965 (ESEA). This law
aims to provide all children with a quality education—this includes children who
receive special education services. ESSA recommends that districts use a multitiered system of support to assess for academic and behavior needs.

Every Student Succeeds Act of 2015, 20 U.S.C. § 6301 (2015)
https://www.congress.gov/bill/114th-congress/senate-bill/1177

# data[].attributes.headline
Slide #7: Texas Education Agency Chapter (TEA) 89. Adaptations for Special Populations §89.1011. Full Individual and Initial Evaluation - Administrative Law

# data[].attributes.subject
Slide #7: Texas Education Agency Chapter (TEA) 89. Adaptations for Special Populations §89.1011. Full Individual and Initial Evaluation - Administrative Law

# data[].attributes.body
TEA’s Adaptation for Special Populations section 89.1011 discusses the referral process of potential special education students. This process must be
part of the district’s referral and screening process which would include support services that are available to all students like, tutorials, behavior support, response to intervention. If the student still shows difficulty in the general education setting, personnel must make a referral for a full evaluation of the child. This process may also be initiated the child’s family, school personnel , or anyone
affiliated with the child’s education or the care of the child.

19 Tex. Admin. Code § 89.1011
Administrative Law
http://ritter.tea.state.tx.us/rules/tac/chapter089/
• Summary:

# data[].attributes.attachment_link.title
Texas Education Agency - 19 TAC Chapter 89

# data[].attributes.attachment_link.description
Link to Subchapters from Subchapter Titles - Link to Sections from Icons Links to PDF Versions of the files are available at the end of the page

# data[].attributes.headline
Slide #8: Child Find - Administrative Law (Federal)

# data[].attributes.subject
Slide #8: Child Find - Administrative Law (Federal)

# data[].attributes.body
Child Find ensures that each state has policies and procedures to identify, locate, and evaluate all children with disabilities regardless of the
severity of their disability, children who are homeless or wards of the state, as well as those who attend private schools.
Each state must also have a method used to determine the students who are in need of special education or related services.

34 C.F.R. § 300.111
https://www.govinfo.gov/app/details/CFR-2012-title34-vol2/CFR-2012-title34-vol2-sec300-111

# data[].attributes.body
A mother attempted to have her son’s school evaluate her son multiple times; however, the school officials and teachers refused to evaluate her son.
After taking him to receive an evaluation through a private psychologist for an evaluation, her son was diagnosed with several neurological problems. After the school refused to reimburse the mother for the independent evaluation, she requested Due Process and the case was appealed to the U.S. Court of Appeals for the Third Circuit.

The court found that several statutes were violated including Section 504, procedural due process, rights under IDEA, conspiracy to interfere with civil rights, and violations under New Jersey Constitution and statues.

W. B. v. Matula, 67 F.3d. 484 (3rd Cir. 1995)
https://www.wrightslaw.com/law/caselaw/3rd.wb.matula.pdf

# data[].attributes.headline
Slide #10:  Carrollton-Farmers Branch ISD Child Find Policy

# data[].attributes.subject
Slide #10:  Carrollton-Farmers Branch ISD Child Find Policy

# data[].attributes.body
Educators who work within Carrollton-Farmers Branch ISD must be familiar with their obligations to aid in the identification of students who may have special needs.
As counselors, it is vital to stress the importance of Child Find to staff members to ensure that they are upholding their legal obligations, as well as ensuring that all students are receiving the education that fit their individual and unique needs.

Carrollton-Farmers Branch ISD Board Policy Manual. (n.d.). Retrieved July 16, 2019, from https://pol.tasb.org/Policy/Download/359?filename=EHBAA(LEGAL).pdf

# data[].attributes.headline
Padlet Slide #11: American School Counselor Association (ASCA) Ethical Standards for Counselors

# data[].attributes.subject
Padlet Slide #11: American School Counselor Association (ASCA) Ethical Standards for Counselors

# data[].attributes.body
American School Counselor Association (ASCA) Ethical Standards for Counselors
A.2.h. states that school counselors have the responsibility to "Provide effective, responsive interventions to address student
needs (ASCA, 2016, p. 1).
Concerning the identification of special education students, school counselors must utilize the tools they have effectively to provide the student with the services they need.
Example Scenario: You are experiencing your typical hectic day with individual counseling in the morning, a group session midday, and Tier 2 and 3 RTI observations during the afternoon. Due to lack of time, it can be tempting to rush through the assigned interventions. However, it is vital that RTI is utilized with fidelity to ensure that  the students' needs are being addressed.
Based on the information presented throughout this resource, it is evident that RTI is a complex tool that needs to be executed the way it was intended.  According to the ASCA Ethical Standards for Counselors, counselors are obligated to provide effective and responsive interventions to assist students; this includes students who may require special education services (ASCA) Ethical Standard (ASCA, 2016, p. 1).

American School Counselor Association (ASCA). (n.d.). Retrieved July 16, 2019, from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

# data[].attributes.headline
Slide #12: Non-Law Source - The School Counselor's Guide to Special Education

# data[].attributes.subject
Slide #12: Non-Law Source - The School Counselor's Guide to Special Education

# data[].attributes.body
This resource is known as an all-in-one reference for counselors in assisting students with special needs. This book explains best practices for counselors in meeting the academic, social, and post-secondary needs of special education students.
The following questions are asked:

What is the role of the counselor within special education?

How do school counselors assist with special education students?

The School Counselor's Guide to Special Education. (2019, May 21). Retrieved July 19, 2019, from http://us.corwin.com/en-us/nam/the-school-counselors-guide-to-special-education/book232915

# data[].attributes.attachment_link.readable_text
1. Special Education Roles

2. Special Education Terminology and Disability Categories

3. Assessment and Referral Processes

4. Process and Services: Preschool

5. Process and Services: School Age

6. Process and Services: College

7. Legal and Ethical Issues in Special Education

Recommended Reading and Additional Resources

# data[].attributes.attachment_link.title
The School Counselor's Guide to Special Education

# data[].attributes.attachment_link.description
1. Special Education Roles 2. Special Education Terminology and Disability Categories 3. Assessment and Referral Processes 4. Process and Services: Preschool 5. Process and Services: School Age 6. Process and Services: College 7. Legal and Ethical Issues in Special Education Recommended Reading and Additional Resources

# data[].attributes.headline
Slide #13: Best Practices for School Counselors in the Identification of Special Education Students  

# data[].attributes.subject
Slide #13: Best Practices for School Counselors in the Identification of Special Education Students  

# data[].attributes.body
Best practices for school counselors regarding special education identification include:

Understanding of the federal law, Child Find (See Slide #8), and your role in ensuring the school staff understand their legal obligations in the identification of students with disabilities.

Knowledge of the current policies within the Every Student Succeeds Act (2015) (See Slide #6) and the recommendations of a multitiered system such as RTI to assess the academic and behavior needs of students.

Knowledge of TEA's Adaptation for Special Populations section 89.1011 (See Slide #7) and the referral process used to identify potential students with special needs.

Understanding of their obligation to make ethically sound decisions under the  American School Counselor Association (ASCA) Ethical Standards for Counselors, specifically, the responsibility to "Provide effective, responsive interventions to address student needs (ASCA, 2016, p. 1).

Documentation is vital when collecting data for children with suspected disabilities; be sure to stick to the facts, and avoid adding personal opinions (J.Moore, personal communication, July 12, 2019).

Attend special education training related to legal updates and identification as much as possible (J.Moore, personal communication, July 12, 2019).