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Protecting students

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My name is Mark Parker, and I have spent over 40 years working with at-risk children and students. I was privileged enough to work with the youth of a church in Midland, Texas when in my early 20's. I moved into a position in a residential care facility beginning as a night worker watching the children through the late-night hours. I became intrigued as I watched the other staff members working with children that had been abused, neglected, and sexually abused. The Children captured my heart and I began to work my way through the organization until I became the program director of the organization. I supervised a staff of 22 people that worked directly with the children as I had for many 10 years. I continued to supervise the program for another 13 years resulting in a total of 23 years of working with students and children with disabilities created by the abuse. I began to think I would enjoy a change in my life at this time and was encouraged to return to the school that I had started just out of high school and complete my bachelor's degree in education. I enrolled at Howard Payne University and 2 years later I graduated with a teaching certificate. I have been teaching 6 years at this point but my heart still lies with the students with educational disabilities and with this thought I began my graduate studies at Angelo State to become the counselor that would understand where these students come from.
Students with disabilities need someone that has an understanding of their struggles to help prepare them for a brighter future.

This topic encourages me to keep a focus on protecting students with disabilities through the legal system. Student groups in lower social economics status (SES) need counselors that understand the legal aspects of law and their rights. Students with disabilities created by abuse and neglect must have someone that will provide them protection and give direction to create successful students.

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Interviewing Mr. Daniel Montgomery was an exciting experience as he has been a counselor in the U.S. Navy. Mr. Montgomery later moved into private counseling. Interviewing Mr. Daniel Montgomery LMSW in the state of Texas was an exciting opportunity to understand the value that the legal system provides to students with disabilities. I questioned Mr. Montgomery about the role of the counselor in the legal world of a student with disabilities. Mr. Montgomery explained to me that these are special students and with the disabilities that exist within their lives their legal rights must be accounted for by the counselor as their representative. I asked Mr. Montgomery if legal issues impact his counseling work. He discussed the fact that being informed about the law was important to help students progress in the directions that are needed to be successful.  Mr. Montgomery continued by explaining that the students with a disability may not completely understand the ramifications of the law and always need to advocate to ensure that their rights are protected. This is where the counselor will make a difference in the student's life and help with the decisions or choices the student will face. (D. Montgomery, Personal Communication, September 7, 2020).

Counseling at the high school level is sometimes different than what Mr. Montgomery may face in the private sector but the legalities fit into both areas of counseling. Parents and caregivers of students with disabilities have laws to protect their students and provide services for these students in education in K-12 schools.

There are three main laws that address the rights of students with disabilities in public schools:

The Individuals with Disabilities Education Act (IDEA)

Section 504 of the Rehabilitation Act

Title II of the Americans with Disabilities Act (ADA)

References

Disability rights laws in public primary and secondary education: How do they relate? (n.d.). ADA National Network | Information, Guidance, and Training on the Americans with Disabilities Act. https://adata.org/factsheet/disability-rights-laws-public-primary-and-secondary-education-how-do-they-relate

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Council for Learning Disabilities is an organization that advocates for students with learning disabilities. CLD is an important resource for the students with the learning disabilities that advocates for the students
The Council for Learning Disabilities has an important role in these students' interests. They monitor and evaluate acts like NCLB (1017) to assess the effectiveness of the act to advocate that the students receive the services that they are entitled to.

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A decades-old lawsuit involving students with special needs settled on March 14, 2020, ending a 45-year-old lawsuit. The Marietta Times. Retrieved from https://www.mariettatimes.com/news/local-news/2020/03/decades-old-lawsuit-involving-students-with-special-needs-settled/
Link:
https://www.mariettatimes.com/news/local-news/2020/03/decades-old-lawsuit-involving-students-with-special-needs-settled/
This lawsuit related to the segregation of students with disabilities even after the Individuals with Disabilities Education Act of 1975 resulting in these students being in the least restrictive situation.

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Parents suing over COVID19 in regard to the loss of services of special education students. Education Week
Retrieved from
Mitchell, C. (2020, July 13). A few parents have sued over special education during COVID-19. Will more follow?
Link
https://blogs.edweek.org/edweek/speced/2020/07/special_education_and_lawsuits.html
This blog discusses the rights of students of disability and that COVID19 cannot disrupt the services that have been legislated

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Reference:
Education for All Handicapped Children Act, 1975 Public Law  Public Law 94-142

Link
https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf

Summary:
In 1975 Gerald Ford signed into law The Individuals with Disabilities Education Act (IDEA) making available free public education to students with disabilities. This has been amended through the years to add services to students with disabilities. This act has been reauthorized in 2004 and expanded to include services needed by students with disabilities.

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Reference:
TAC, Title 19, Part II, Chapter 89. Title 19 Part II §89.1001.
The 'Texas Education Code is administrative law that regulates the services and contains the code that is applied to students with disabilities. Students with disabilities may not be able to defend their rights and these laws are what defend the students with disabilities in the state of Texas.

The Texas Education Code has different areas relating to students with disabilities that require different services. It identifies qualifications to the services and

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Reference:
Tex. Const. art. 1, § 3.
EQUAL RIGHTS.  All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.

The student with disabilities has the same rights under the Texas constitution and has the same protections under Texas law.

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Reference
Oberti v. Board of Educ., 995 F.2d 1204 (3rd Cir. 1993)
Federal Judicial Law

Link:
https://specialeducationlawyernj.com/special-education-law/landmark-cases-in-special-education-law

Summary;
It was ruled that children with disabilities were entitled to an education in the least restrictive environment. The court determined ways to decide if the student could be in the mainstream classroom. The students should be mainstreamed into in every appropriate way to be successful.

The extent of being removed from the mainstream must be minimal as possible and insist that the student is mainstream in all aspects to all possible extents.

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Reference:
Retrieved from https://schools.comancheisd.net/upload/page/0046/docs/2020-2021%20Student%20Handbook.pdf.(p.25)
Link:
https://schools.comancheisd.net/upload/page/0046/docs/2020-2021%20Student%20Handbook.pdf

Summary
This is administrative law that is in the high school handbook. This list the services that are that the legislature requires and is published in the handbook for students and parents to have reference too. This section in the handbook covers all the services provided and how to apply for services and describes how the students will be evaluated for services.

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Reference:
American School Counselor Association (2016) ASCA ethical standards for school counselors . Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
Link:
https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
A.1. Supporting Student Development
e. Are concerned with students’ academic, career and social/ emotional needs and encourage each student’s maximum development.

Summary:
Ethical principles are very important to being a counselor. Students with disabilities must have a counselor that is ethical and has their interest at heart. The student and the parent have to feel counselor is trustworthy. To be trustworthy the counselor must present as ethical.

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Reference:
Special education from a Christian perspective. (2017, October 27). Retrieved from https://online.mc.edu/articles/education/special-education-christian-perspective.aspx

Link:
https://online.mc.edu/articles/education/special-education-christian-perspective.aspx

Summary:
Teaching students with disabilities does take a teacher from a different perspective. Christian teachers move from a position of teaching to the position of a ministry. In the school setting thinking of a ministry may not be an acceptable outward presentation, however, the thinking as a ministry comes from within. The Christian teacher may fell the need to make a difference in the student with a disability. Christian teachers with the power of hope they feel may hold students to a higher level and set expectations to help provide students with disabilities hope to live a productive life.

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Students with disabilities live in a different world until they meet the teacher involved in making students with disabilities successful. The United States government have set in place laws that ensure the student with disabilities are provided the services that give students with disabilities the opportunities they need to succeed. The laws that support students with disabilities are essential to the possible success that these students

Recommendations:
Students with disabilities are in need of the services that are offered. Looking at this scenario there was information that some schools have been relaxed on ensuring these students receive the services they are entitled to. Recommendations to improve compliance should be followed up with an agency that will examine all records of students with a disability. The administration of the schools must put in place a follow-up program to examine and enforce the laws and requirements that are mandated by law. The school counselors role in making students successful is imperative as the counselor has the opportunity to ensure students with disabilities receive the evaluations and services that are needed for the student with a disability.