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My name is Anna Garcia and I have been in the field of education for 21 years.  I have had the privilege to be a special education teacher for 8 years.  In the near future, I hope to be a professional school counselor at a public school.

The target audience for this Legal Guide is intended for teachers, school counselors, and administrators.  As an educator it is important to understand the process of the identification for special education students.  There is a lot to know about the process and having knowledge of the legal steps it takes to identify students for special education would be advantageous.  It is critical for those working closely with students to have knowledge in special education in order to provide appropriate services for them.

I chose this topic, because there is a lack of training for school counselors and other educators in this area.  Roles and responsibilities should be shared in order to advocate and support students.  Through active involvement in the process students will be better served to meet their individual needs.

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The person I interviewed is Michelle Renshaw.  She is a Special Education Campus Coordinator and a Speech Pathologist.  Michelle works at Fernandez Elementary School in Northside Independent School District.  During the interview, Michelle explained that Full and Individual Evaluation (FIE) provides valuable information to the evaluators regarding the extent of a child’s disability.  She discussed how laws govern the field of special education and ensures that children with disabilities have a right to appropriate learning opportunities.  Special education laws make sure that children have access to assessments to determine their needs as well as their strengths and weaknesses.  The Individuals with Disabilities Education Act (IDEA) supports the rights of children with disabilities and makes a way to resolve any disputes with the school.  Michelle said that evaluations are covered under IDEA and parents have rights and if those rights are not met, they can file for due process (M. Renshaw, personal communication, July 06, 2021).

Michelle stated that as the special education campus coordinator compliance issues that she regularly monitors and stays abreast of are time compliance.  When consent has been given and assessments can begin, Michelle makes sure to stay within the 45 day time frame in order to remain in compliance

(M. Renshaw, personal communication, July 06, 2021).

According to Michelle, best practices include:

As an educator, it is always important to learn the student’s strengths in order to create a learning environment where he/she can be successful.

Treat all students fairly and consider their diverse backgrounds.

Keep up with Response to Intervention (RTI) and other necessary documentation.  Having accurate data can aid with the assessment process.

Abide by special education law and district guidelines at all times.

(M. Renshaw, personal communication, July 6, 2021)

Michelle feels that an emerging issue that has been watched more closely within the district is the area of Response to Intervention (RTI).  According to Michelle, every campus within the district seems to keep up with RTI differently.  If the process of the RTI framework is implemented more uniformly, it can be successful in identifying students who need special education services.  A uniformed approach to RTI can also prevent over-identification of students.  If educators are ensuring they are using this proactive approach, then perhaps more students can make progress without special education services.

(M. Renshaw, personal communication, July 6, 2021)

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As part of their professional development, the National Association of Special Education Teachers (NASET) produced a video lecture series titled The Evaluation and Eligibility of Children with Suspected Disabilities (NASET, 2021).   This video series is informative to my topic, because it informs the audience of the many steps involved in the evaluation and eligibility process of special education (NASET, 2021).  The lecture describes the procedures under the federal law IDEA, to ensure that children who are evaluated for special education follow the step-by-step process (NASET, 2021).

Reference

National Association of Special Education. (2021). Evaluation and Eligibility of Children with Suspected Disabilities. https://www.naset.org/index.php?id=4906

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This article discusses the disproportionately trends for students who are English Learners (ELs).

ELs face disproportionality issues in special education and have been over-represented in special education

Disparities may be due to the inability of education professionals to adequately assess ELs for special education

ELs may seem to have a disability due to the results of their language skills on assessments

If language on assessments can be simplified, it can help with disparities

Communication is another factor contributing to ELs becoming identified as a special education student

States and districts can improve their special education eligibility process to guard against overidentification of students for special education services without compromising Individuals with Disabilities Act (IDEA) regulations

Reference

National Center for Learning Disabilities. (2020). Significant Disproportionality in special education: Trends among english learners (ELs). https://www.ncld.org/wp-content/uploads/2020/10/2020-NCLD-Disproportionality_-English-Learners_EL_FINAL.pdf

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According to research, minorities are identified as special education at higher rates than white students

In majority white schools, black and hispanic students are more often placed in special education more than their peers

In predominantly minority schools, among other non-white students, blacks and hispanics are less likely to be placed in special education

Too few minority students are being provided the educational services needed to be successful

Minority students are less likely than whites to be identified for a speech impairment, but more likely to be identified with a learning disability

Black and hispanic students in special education continue to be a pressing challenge

Reference

Elder, T., Imberman, S., Figlio, D., & Persico, C. (2021). Segregation and racial gaps in special education. Education Next, 21(2). https://www.educationnext.org/segregation-racial-gaps-special-education-new-evidence-on-debate-over-disproportionality/

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Reference
Individuals with Disabilities Act, 20 U.S.C. 1412

Source of Law: Statutory

Link: https://sites.ed.gov/idea/statuteregulations/#statute

Gives rights and protections to students with disabilities

Provides assistance to states for the education of children with disabilities

Provides early Intervention program for infants and toddlers with disabilities

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Reference

19 Tex. Admin. Code § 89.1040

Source of Law: Administrative

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=1040

To be eligible to receive special education services, a student must be a child with a disability, as defined in 34 Code of Federal Regulations (CFR), §300.8(a)

The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122

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Reference

W.B. v. Matula, 63 F.3d. 484, (3rd Cir. 1995)

Source of Law: Judicial

Link: https://www.wrightslaw.com/law/caselaw/3rd.wb.matula.pdf

school districts can be liable for monetary damages as well as compensatory damages

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Reference

Free appropriate public education (FAPE), § 300.101

Source of Law: Constitutional

Link: https://www.law.cornell.edu/cfr/text/34/300.101

School districts must allow parents to review and examine records, participate in IEP meetings and have access to complaint procedures

Parents must be given notice of any proposed changes to their child’s placement or program

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Reference

Child Find, 34 CFR §300.111

Link: https://childfindtx.tea.texas.gov/

The Texas Education Agency is obligated under state and federal laws and regulations (IDEA) for the responsibility to identify and evaluate all children suspected of having a need for special education and related services.  Child Find evaluations provide information to determine whether the student has a disability, the need for related services, and specifically designed instruction, and the need for evidence-based interventions.

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Reference

American School Counselor Association. (2016). Ethical Standards for School Counselors.

https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Disabilities.pdf

Ethical Standard: A10 g  Recognize the strengths of students with disabilities as well as their challenges and provide best practices and current research in supporting their academic, career and social/emotional needs.

This ethical principle connects to the topic of identification of special education, because as a professional school counselor, we have a responsibility to look for strengths in all students, including those who are experiencing challenges and qualify for special education.  A professional school counselor should take an active role in encouraging and supporting students with their academic, career, and social/emotional needs. It is especially important that school counselors stay up to date on best practices and the most current research in supporting students with disabilities.

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#12 Personal Connection to the Legal and Ethical Standards

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#12 Personal Connection to the Legal and Ethical Standards

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A professional school counselor should maintain ethical and professional standards.  The American School Counselor Association (2015) outlines a school counselor’s role, as well as the ethical and legal responsibilities.  With the increasing number of legal issues, it is imperative for a school counselor to have knowledge on ethical and legal issues within the school setting.  Learning about the legal and ethical standards and educational laws have helped me understand that without them I could not have made it to the place I am now.  Laws have been put in place for a reason due to a reason.  If it were not for educational laws, I would not have been successful in school.  As a minority, I was at a disadvantage and at risk of failure.  Because certain laws were put into place, I was able to attend school, graduate from high school, attend college, graduate from college, and now pursue my master’s degree. I am thankful for laws and as a future school counselor, I will uphold my duty to fulfill the ethical and legal practices with a sense of pride.

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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Have knowledge of the entire process of the identification of special education, even if you are not in special education or related services

Learn the strengths and challenges of a student so that you can best support them during the identification process and outcome of assessments

Keep up with necessary documentation for Response to Intervention (RTI) and other data

If you do not know, ask -do not just assume.  There is a lot to know.

Understand the federal laws under Individuals with Disabilities Act (IDEA)

Stay current with trends, including issues related to identification of special education

Understand the four sources of law

Stay true to the moral framework provided by the American School Counselor Association (ASCA)