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Slide # 1  Professional Perspective/Audience/Topic                                                  

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Slide # 1  Professional Perspective/Audience/Topic                                                  

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I am Amy Johnson, and I have been in education for the past 23 years. I  spent half the time in regular education and half in special education. I taught multiple subjects and grade levels for 22 years and worked as a special education counselor this past school year. I am currently working as a special education counselor while pursuing my master's degree in Professional School Counseling. All the students I serve have already qualified for special education and are receiving counseling services as a related special education service. I serve students at all grade levels. I plan on continuing in this role when my degree is finished this coming spring.

My audience is other educators or future educators. Ideally, I would like to increase their knowledge of special education, in particular, special education counseling and inform them of current legal and ethical issues facing special education counseling.

My topic is Special Education Counseling. I chose this topic because I have discovered so many educators who have no idea how a child comes to receive special education counseling, no understanding of the laws involved in special education and special education counseling, no idea how important special education counseling is, and no idea how to become a special education counselor.

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Slide #2 Interview                              

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Slide #2 Interview                              

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I interviewed Londa McKandless.  She is currently a special education counselor at Central Texas Shared Services in Hamilton, Texas. She has over 30 years experience teaching and counseling in Texas schools.

In my interview with Londa McKandless, she highlighted four reasons the topic of special education counseling  is important in the field of education (L. McKandless,  personal communication, July 5, 2021).

Special education counselors serve a critical role in the lives of their students ensuring their students and their students' families can access the appropriate interventions and supports they need to be successful  in school.

Special education counseling requires counselors who are well versed in all the same areas as a school counselor, but also have knowledge of special education law and experience working with students with special needs.

Students with special needs require counseling services at a greater rate than their peers with no special needs.

Special education counselors are critical advocates for their students and knowledgeable resources in our schools.

When I asked Londa if she had any best practices she follows and would recommend to me, she shared these (L. McKandless, personal communication, July 5, 2021).

The student is your first priority. She shared that the job can become overwhelming, so it is important to frequently remind yourself that the student is always your priority.

Refrain from passing judgement. As a special education counselor, you will deal with many difficult and heartbreaking situations and people. We have not walked in their shoes, and we must refrain from passing any judgement.

When you know better, do better. It is important not to beat yourself up if you feel you were not able to make the difference you had hoped for or be as effective as you had hoped in a situation. Learn from it, and move on.

She discussed how special education counselors are going to be struggling to deal with many students next school year who remained at home the entire 2020-2021 school year. When they return to school, the transition is likely to be very difficult. Many of these students have serious behavior issues along with other disabilities. Many districts are no longer allowing remote learning, so we will see how it all plays out. She wondered if these students would be forced to go back to school, or be allowed to remain remote. She shared that the absenteeism rate is alarmingly high for our special education students when they are remote, so she is hoping students will be able to attend school in person. She also discussed the effect a mandatory vaccine requirement could have on  this situation. Londa shared that she had attended a legal training on issues related to COVID and special education related services that discussed many of these topics.
(L. McKandless, personal communication, July 5, 2021).

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Slide #3 Professional Associations                                 

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Slide #3 Professional Associations                                 

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American School Counselor Association. (2021). ASCA research report: State of the profession 2020. https://www.schoolcounselor.org/getmedia/bb23299b-678d-4bce-8863-cfcb55f7df87/2020-State-of-the-Profession.pdf

State of the Profession 2020

In October 2020, the American School Counselor Association distributed a state-of-the profession survey to nearly 75,000 members and nonmembers.

The survey hoped to attain details on school counselor demographic data, roles and responsibilities, the challenges of virtual learning necessitated by COVID-19, efforts to combat systemic racism, their most significant day-to-day challenges, professional development needs and other areas.

Data reveals that meeting student needs in a virtual environment is their biggest challenge, followed by managing a large number of students and addressing achievement and opportunity gaps.

This report is informative to my topic because it highlights the difficulty counselors are facing trying to provide services remotely. In fact, counselors reported meeting student needs in this environment as their biggest challenge.

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Home - American School Counselor Association (ASCA)

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Belsha, K. (2021) 'Be very careful': Cardona expresses concerns about virtual learning next fall. The Chalkbeat. https://www.chalkbeat.org/2021/6/24/22549256/miguel-cardona-concerns-virtual-learning-fall

Education Secretary Miguel Cardona is concerned about certain groups of students who may be allowed to attend school virtually again next fall.

Cardona cautions that students with disabilities are absent at an exceptionally high rate virtually and may not receive the special services they need.

This impacts special education counseling and the delivery of this related special education service (Belsha, 2021).

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As he continues his push to reopen schools, Education Secretary Miguel Cardona says he is concerned about the students who will choose to learn virtually next year - and about schools using that option for students who would benefit from more hands-on help.

"My fear is that the students that need the in-person the most would be students who would either select or take the fully remote option and not get the supports that they need,"he said during an event hosted by Chalkbeat and The Education Trust. "I would also fear systems that have students who do not fit the traditional mold of how schools are designed being pushed out."

Cardona said he trusts local officials to make decisions for their communities, and understands that some students thrive in remote settings. But his comments underscore the tensions over who will have the option to learn fully virtually in the fall and which families are more likely to choose that kind of instruction.

While some cities and states are rolling back virtual options, many big districts have said they will continue to offer them, in part due to family demand.

National polls continue to show that Black and Latino families are the most hesitant about sending their children back for full-time in-person learning this fall, and are more likely to consider sticking with remote learning. Asian, Black, and Latino students were the most likely to be learning fully virtually as of April, even as in-person instruction became available in nearly all U.S. schools.

The reasons for that are complicated, but polls have found much of parents' hesitancy is tied to health and safety concerns. COVID vaccines aren't expected to be available for younger children until later this year at the earliest, and some parents may want a virtual option until then.

The toll of virtual learning has been well documented, and helps explain why officials like Cardona are worried about the continuation of remote instruction. While some students did well in the virtual setup, many students did not, especially those who had struggled before the pandemic.

Across the country, course failure rates were especially high for Black and Latino students, English learners, and students from low-income families. Students with disabilities and English learners learning fully remotely have had among the lowest school attendance rates nationally. Many students have struggled with the social isolation that can come with attending school online, while others were unable to get critical special education support while school was virtual.

In recognition of that, several school districts and states, including New York City, New Jersey, and Illinois, are planning to nix nearly all virtual options this fall in hopes of getting more students back into school buildings and boosting student engagement.

Meanwhile, others planning to offer a full-time virtual option say they're working to improve that experience. Many will assign students dedicated virtual teachers so educators' attention isn't split between a classroom and a screen.

Some education groups are advocating to keep virtual options as a way to provide students with access to additional academic courses or more flexible schedules. Such innovative virtual approaches could benefit some, Cardona said, but full-time in-person learning should be the "default."

His continued concern, he said, is that some schools might push students who have learning difficulties or emotional needs to virtual options, and that students may choose virtual options because their schools haven't done enough to address parents' other worries. Federal education officials have noted in recent reports that Black students historically have been suspended and expelled from school at disproportionate rates, while Asian students have faced an uptick in harassment and bullying during the pandemic.

"I think we'd have to be very careful not to create a system where some students are learning in the schoolhouse and some students that maybe didn't find the schoolhouse a place where they felt welcome feel that they're better off not learning in the school," Cardona said. "That would be detrimental."

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Miguel Cardona expresses concerns about virtual learning next fall

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As he continues his push to reopen schools, Education Secretary Miguel Cardona says he is concerned about the students who will choose to learn virtually next year - and about schools using that option for students who would benefit from more hands-on help.

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TerBush, C. (2021). Federal office drops investigation of Indiana special education services. The Chalkbeat. https://in.chalkbeat.org/2021/6/29/22555970/indiana-special-education-federal-investigation-dropped

This article discusses special education services. The U. S. Department of Education's Office of Civil Rights dropped an investigation into whether Indiana  provided the appropriate services to its students with disabilities remotely during the pandemic.

This article addresses a particular investigation involving special education services during the pandemic. There will likely be more investigations and possible litigation in this area.

This affects special education counseling and could impact how students are served in the coming years (TerBush, 2021).

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Six months after launching an investigation into whether Indiana provided appropriate special education services during the pandemic, federal investigators have dismissed the case.

The U.S. Department of Education's Office for Civil Rights opened the investigation in early January after receiving multiple complaints that Indiana's virtual learning plans did not support students with disabilities.

Many complaints indicated Indiana schools failed to provide virtual schooling that included the types of measures it normally offers in special education, such as adding breaks in the school day, reading quizzes aloud, or providing therapies or interventions.

In a letter to the state Tuesday, the federal office said its investigators did not find evidence of discrimination based on complaints filed in or before January.

"OCR currently has no information indicating that IDOE is excluding or denying students with disabilities equal access to educational programs, discriminating against students with disabilities, or is otherwise acting in a manner inconsistent with its obligations under Section 504 or Title II," the letter said.

Kim Dodson, who leads the advocacy group The Arc of Indiana, said the dismissal of the investigation doesn't absolve Indiana's special education services from blame, and she's still concerned about students with disabilities not receiving the individualized instruction they need.

"The dropping of the investigation does not take away the fact that some students were very much in limbo and not getting the services that they needed," Dodson said. "I hope that the department of education still sees this as a learning opportunity that they need to be better prepared."

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Federal office drops investigation of Indiana special education services

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Six months after launching an investigation into whether Indiana provided appropriate special education services during the pandemic, federal investigators have dismissed the case. The U.S. Department of Education's Office for Civil Rights opened the investigation in early January after receiving multiple complaints that Indiana's virtual learning plans did not support students with disabilities.

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Judicial Law

Brown v. Board of Education of Topeka, 347 US 483 (1954).
https://www.supremecourt.gov/

This case is a landmark civil rights decision that determined separate education for African American students was not equal.

This court case provided the constitutional foundation for parents of students with disabilities to push for equal educational opportunities for all, including students with disabilities (Brown v. Board, 1954; Johnson, 2017).

References

Johnson, S.F. (2017). The 14th Amendment protects the right to a public education. Purdue University Global Inc. Concord Law School. https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/

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State Statutory Law

Comprehensive School Counseling Programs, Tex. Educ. Code § 33.005. https://statutes.capitol.texas.gov/?link=ED

This law describes the comprehensive school counseling program.

The law goes into great detail about every aspect of the comprehensive school counseling program describing each component of the counseling program thoroughly.

This law shapes counselor training and education in Texas, as it is a state law.

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Federal Administrative Law

Special Education, 34 CFR § 300.39.
https://www.govinfo.gov/help/cfr

This law provides a definition of  special education; it is specialized instruction designed to meet the needs of a specific child with a disabilty (Partners, n.d.).

The law goes on to point out that the education is free of cost to the parent.

The law delineates what related services are under the law and lists special education counseling as a related service.

This special education law is relevant to special education counseling because it defines special education and specifies special education counseling as a related service as defined in this law.

References

Partners Resource Network. (n.d.).

Special Education | Key Definitions in IDEA. https://prntexas.org/special-education-key-definitions-in-idea/

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Constitutional Law

U.S. Const. amend. XIV.
https://www.archives.gov/founding-docs/constitution-transcript

The Equal Protection Clause of the 14th amendment assures that states provide equal protection of the laws, and it applies to all public schools.

This part of the 14th amendment was interpreted in the 1954 Brown v. Board decision and laid the constitutional foundation for equal educational opportunities for students with disabilities under the Equal Protection Clause  (U.S. Const. amend. XIV; Johnson, 2017).

References

Johnson, S.F. (2017). The 14th Amendment protects the right to a public education. Purdue University Global Inc. Concord Law School. https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/

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Slide #13 Bulleted List of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted List of Recommendations / Best Practices for Compliance

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Best Practices

Always treat the student as my first priority.

Treat all students with respect and refrain from passing judgement.

Stay abreast of all federal, state, and local law.

Follow all legal and ethical guidelines.

Commit to learning more about current issues in the field and have a willingness to share my knowledge.

Advocate for my students and their needs tirelessly.

Encourage other educators to educate themselves in this area and come to me for help if necessary.

Strive to do better when I know better.

Join and stay involved in a professional organization in my field.

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Slide #12 Personal Connection to the Legal and Ethical Standards

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Slide #12 Personal Connection to the Legal and Ethical Standards

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While exploring the legal and ethical standards related to special education counseling, I discovered the responsibilities of a school counselor to promote growth in all areas of students while following specific legal and ethical guidelines. These standards helped me to identify some best practices and standards for serving these students with disabilities who so desperately need the related service of special education counseling. Through my understanding of the Equal Protection Clause in the 14th amendment, I was able to see how educators must strive to make sure students with disabilities are receiving all the services outlined in their individualized education plan.

Personal Feelings

While reviewing current events, laws, and regulations, I felt as strongly as ever that students with disabilities require more in the area of counseling than their peers without disabilities and that many educators are not equipped with knowledge of special education law regarding identification and related services.

Educators may not understand the special factors involved when trying to serve these students, remotely or in person.

Educators may not be aware of the heavy legal precedent where special education is concerned, and they may not understand the many areas for potential litigation.

Understanding the current controversies surrounding this issue has motivated me to try and plan more training and awareness activities to ensure that all faculty members are aware of the important pieces in special education law and how special education counseling is one facet to the related services many of these students require.

Evaluating this issue has helped me focus and define a goal to relentlessly serve my students while tirelessly advocating for them and their needs through educating other educators.

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Goldthwaite ISD. (2021). Goldthwaite  High School Student Handbook. [online], Goldthwaite ISD. https://drive.google.com/file/d/1x6_z-PP1iDU_kBihNrHK8NMZfOjMHEJ_/view

GISD follows all state and federal laws regarding special education identification as the section in the handbook labeled, Aiding Students Who Have Learning Difficulties or Who Need Special Education or
Section 504 Services, states (Goldthwaite ISD High School Student Handbook, 2021).

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Ethical codes developed by professional organizations, such as the American School Counselor Association (ASCA), guide school counselors (ASCA Ethical Standards for School Counselors, 2016). One particular standard that is meaningful to me in my role as a special education counselor is the section that discusses a counselor's responsibility to students (ASCA Ethical Standards for School Counselors, 2016). It emphasizes the fact that a school counselor's primary obligation is to the student and states specifically that school counselors should treat students as unique individuals and always treat them with dignity and respect (ASCA Ethical Standards for School Counselors, 2016). If we are not treating our students with dignity and respect, there will be no hope to establish trust. Without trust, there will be no hope of developing a relationship, and thus, limited ability to help the student and their family.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf