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U.S. Statute

The Individuals with Disabilities Education Act (IDEA)

(20 U.S.C. § 1400)

The Individuals with Disabilities Education Act (IDEA) helps protect and ensure students with disabilities have the appropriate education by

governing how states and public agencies provide early intervention, special education, and related services

requiring public schools to provide a free and appropriate public education (FAPE) to eligible students ages 3-21 with disabilities

providing legal protections for these students and their parents

(US Department of Education, 2022)

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

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I have been in education for over 20 years and am currently working with special education students. I chose this topic because I love working with my special education students and seeing them grow and learn. FERPA and IDEA are very important when working with students with disabilities. It is vital to have confidentiality as well as provide an appropriate education for all students, but especially students with disabilities. As a school counselor, I will continue to value and support all of our students socially, emotionally, as well as academically to ensure they are successful.

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Texas Education Code - EDUC § 29.

Special Education Program

(Special Education Program, 2 Tex. Edu. Code § 29)

This law helps to ensure students with disabilities receive an appropriate education. As part of the statewide plan, the agency shall develop and implement procedures. Some of the procedures include

ensuring state compliance

facilitating interagency coordination

periodically assessing statewide personnel needs

effectively monitoring and conducting site visits

https://statutes.capitol.texas.gov/Docs/ED/pdf/ED.29.pdf

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There are many different legal and ethical issues within the education field. One of the most common issues is confidentiality and the protection of student records, otherwise known as The Family Educational Rights and Privacy Act (FERPA). Another issue within the educational field is protecting students with disabilities and their education. This is referred to as The Individuals with Disabilities Education Act (IDEA).

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Everyone who is involved in education is responsible for ensuring the law is followed. The federal and state governing agencies are responsible to administer and enforce the laws. However, it is the main responsibility of the school district to ensure they are in compliance with the law.

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The Legal and Ethical Guide is intended to be utilized by school administrators, staff, and parents to help learn more about how to help our students with disabilities be more successful in school.

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It is the State Board for Educator Certification's (SBEC) responsibility to enforce the Educators' Code of Ethics in relation to certification disciplinary proceedings. A Code of Ethics for Educators is enforced through the disciplinary procedures described in Chapter 249 (Disciplinary Proceedings, Sanctions, and Contested Cases) pursuant to its purposes (Code of Ethics and Standard Practices for Texas Educators, 2019).

In Texas, The Texas Education Agency (TEA) is the agency that oversees public education. It is headed by the commissioner of education. Through leadership, guidance, and support, the Texas Education Agency improves outcomes for all public school students in the state (Texas Educator Association, n.d.).

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The U.S. Department of Education administers and enforces laws to protect the privacy of students and ensure they receive an appropriate education. School districts, state education agencies, and the U.S. Department of Education all offer assistance with information about the laws. Before contacting Federal officials, however, individuals can often get a direct and immediate response from local or state education officials (National Center For Education Statistics, 1997).

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The purpose of risk management is to protect your students, faculty, and finances while also protecting your financial assets and lowering your legal liability. Your school's risk management plan can reduce the chances of risks, as well as mitigate their effects (Curacubby Team, 2020).

The benefits of risk management for school administrators include

Protect people from harm.

Limit the possibility of a lawsuit.

Safeguard your public reputation.

Reduce potential losses in revenue.

Make your students, teachers, and parents feel safe.

Confidentiality is important and protecting it is even more important. In order to ensure the confidentiality of students and staff is protected, schools must utilize risk management for how records are stored and maintain all digital security measures in order to avoid breaches of confidentiality and potential lawsuits.

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The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400, 2004) is a federal law that was reauthorized in 2004 and most recently amended through Public Law 114-95, the Every Student Succeeds Act in 2015. IDEA helps protect and ensure students with disabilities have the appropriate education by

governing how states and public agencies provide early intervention, special education, and related services

requiring public schools to provide a free and appropriate public education (FAPE) to eligible students ages 3-21 with disabilities

providing legal protections for these students and their parents

(US Department of Education, 2022)

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

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Adaptations for Special Populations

(TAC, Title 19, Chapter 89)

These laws help ensure students with disabilities have the appropriate education in order to be successful.

Subchapter A. Gifted/Talented Education

Subchapter C. Texas Certificate of High School Equivalency

Subchapter D. Special Education Services and Settings

https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-89

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JT v. Blasio, 500 F. Supp. 3d 137 (2020)

Parents filed a complaint in the Southern District of New York against every school district in the United States alleging that when schools were shut down due to the COVID-19 pandemic, and they went from in-person to remote learning it

1. automatically altered the pendency placement of every special education student in the United States

2. eased providing every one of those students with a FAPE, in violation of IDEA's substantive and procedural safeguards

District Court for dismissed the case against all Defendants on November 13, 2020.

(JT V. De Blasio, 2020 )

https://scholar.google.com/scholar_case?case=4179696475907595758

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Owasso Public Schools v. Falvo 534 U.S. 426 (2002)

A mother in Oklahoma sued a school district after her son’s grades were allowed to be called out in class. The U.S. Supreme Court heard the case.

Farvo filed a lawsuit in the U.S. District Court for the Northern District of Oklahoma in Tulsa in favor of the school

Falvo appealed and the U.S. District Court ruling was overturned based on the pure language of the statute

District appealed and the case went to U.S. Supreme Court where they ruled in favor of the school district

(Owasso Independent School Dist. V. Falvo., 2002)

https://www.law.cornell.edu/supct/html/00-1073.ZO.html

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Code of Regulations: Title 45, Part 1302, Coordination and collaboration with the local agency responsible for implementing IDEA.

It is a Federal law that protects students’ education. The law requires coordination and collaboration with local agencies responsible for implementing IDEA to protect students with disabilities. The law states that a program must

a program must coordinate with the local agency responsible for implementing IDEA to identify children enrolled or who intend to enroll in a program that may be eligible for services under IDEA

a program must work to develop interagency agreements with the local agency responsible for implementing IDEA to improve service delivery to children eligible for services under IDEA

a program must participate in the development of the IFSP or IEP if requested by the child's parents, and the implementation of the IFSP or IEP

a program must retain a copy of the IEP or IFSP for any child enrolled in Head Start for the time the child is in the program, consistent with the IDEA requirements

20 U.S.C. § 1302.63g; 45 CFR Part 1302

https://www.law.cornell.edu/cfr/text/45/part-1302/subpart-F

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FB — Equal Educational Opportunity

The District shall provide necessary services and supports to provide students equal access to educational opportunities. Certain instructional or other accommodations, including on state-mandated assessments, may be made when necessary, when allowable, and when these accommodations do not modify the rigor or content expectations of a subject, course, or assessment.

This local school district policy is based on the following laws

A district shall provide equal opportunities to all individuals within its jurisdiction or geographic boundaries. Education Code 1.002(a)

No officer or employee of a district shall, when acting or purporting to act in an official capacity, refuse to permit any student to participate in any school program because of the student's race, religion, color, sex, or national origin. Civ. Prac. & Rem. Code 106.001

A district may not deny services to any individual eligible to participate in its special education program, but it shall provide individuals with disabilities special educational services as authorized by law. Education Code 1.002(b)

(White Settlement ISD, 2020)

Policy Link: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1114&code=FB

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According to section 33.006 of the Texas Education Code, “The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal, and social abilities” (Tex. Educ. Code § 33.006).

The ASCA Ethical Standards state that “All students have the right to a physically and emotionally safe, inclusive and healthy school environment” (American Counseling Association, 2014).

In order to effectively support the needs of all students, it is imperative for counselors to understand the student's strengths and weaknesses as well as provide a safe, secure, and enriching educational environment.

https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.33.htm#:~:text=33.006.,%2C%20personal%2C%20and%20social%20abilities.

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I feel I learned more about how IDEA was started and became law. I was able to dig a little deeper and learn about the background information. Even though I know a lot about IDEA due to my job as a special education teacher, I can always learn more. There is so much to dive into and explore for each law, procedure, and policy. My biggest takeaway is that all students have the right to free appropriate education as well as the right to have their privacy protected. This should not be taken lightly and should be respected and upheld by everyone in the education system.

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It is vital for educational institutions to maintain high standards of operations and follow not only regulatory best practices but also ethical best practices. In order to ensure responsible operations, compliance management is essential, and non-compliance with relevant laws and regulations has serious consequences (Morgan, 2022).

Best practices for compliance include

Honestly assess your needs and resources

Establish a strong foundation

Set up solid compliance policies and procedures

Build a culture of integrity

Make sure that everyone is onboard and educated

Keep a “values focus” in moments big and small

Good record-keeping and documentation are crucial

Re-evaluate and revise as needed

(Ethics and Compliance Initiative, 2021)