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As an elementary school counselor, I spend a lot of time working with the Special Education department. I have worked in education for 11 years now, and have learned many valuable things in regards to special education. The audience in which this information is geared towards is teachers. I chose this topic because as an elementary school counselor, I spend a lot of my time working on special education referrals, helping determine if students have learning disabilities and what type of supports they may need for success.

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Interview with Mrs. Smith, Diagnostician

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Interview with Mrs. Smith, Diagnostician

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After interviewing Mrs. Jill Smith, Diagnostician at Wylie Elementary School at Henderson ISD, I have learned several things that can be utilized in my role as school counselor. A school counselor's primary responsibility is to advocate for students, ensuring they receive the same education as others. When dealing with referrals, a school counselor must take into account all information to determine if the student needs additional support from programs such as Special Education. Mrs. Smith states "the initial referral falls back on the responsibility of the school counselor, and it is a large responsibility in itself" (J. Smith, personal communication, June 23, 2022).

California Charter Schools Association (CCSA) suggests some of these best practices to follow in regards to special education (2015):

1. Provide instruction to students with disabilities in the general education classroom (inclusion).
2. Individualized programs to meet students needs.
3. Utilize Multi-Tiered System of Supports (MTSS) to support the students both academically, and behaviorally, and socially.

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The School Counselor and Students with Disabilities

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The School Counselor and Students with Disabilities

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The role of a school counselor in regards to serving students with disabilities is vital to the success of the student. The responsibilities of the school counselor include:
Providing guidance lessons
short-term goal centered counseling

Consultation and collaboration with staff and parents to understand the needs of the student

Identify students who need assessment

Collaborate with other student support professionals

Provide assistance during transitions and in planning for postsecondary life.

(American School Counselor Association, 2022)

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The School Counselor and Students with Disabilities

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The school counselor takes an active role in student achievement and postsecondary planning by providing a school counseling program for all students. As a part of this program, school counselors advocate for students with special needs, encourage family involvement in their child's education and collaborate with other educational professionals to promote academic achievement, social/emotional wellness and college/career readiness for all.

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Preparing School Counselors to Serve Students with Disabilities

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Preparing School Counselors to Serve Students with Disabilities

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Goodman-Scott, E., Bobzien, J., & Milsom, A. (2018). Preparing preservice school counselors to serve students with disabilities: A case study. Professional School Counseling. https://doi.org/10.1177/2156759X19867338

In this article, authors are writing about the need to school counselors to feel prepared as they serve students with disabilities. Many school counselors feel prepared in working with general education students, but sometimes feel they lack the knowledge or confidence to successfully support disabled students. This article provides examples and suggestions on what counselors and school districts can do to help everyone feel prepared as they serve and engage with students in special education.

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Advocacy for All: Serving Students with Disabilities

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Advocacy for All: Serving Students with Disabilities

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Quintana, T., Alvarez, J. (2019). Advocacy for all: Serving students with disabilities. Minnesota School Counselors Association. https://www.schoolcounselor.org/Newsletters/November-2019/Advocacy-for-All-School-Counselors-and-Students-w?st=MN

In this article, authors Quintana and Alvarez discuss the importance of school counselors providing advocacy for all students, including those students with disabilities. School counselors should be well-versed in the laws of section 504, the IDEA act, and the Every Child Succeeds act. Research shows that many students with disabilities struggle with isolation and lack of peer relationships because they feel their disability hinders their ability to socialize how they wish. Working as a school counselor, we must advocate for students with disabilities to ensure they feel supported academically, behaviorally, and socially.

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Advocacy is at the forefront of our profession and school counselors are equipped to advocate for student success. The ASCA Mindsets & Behaviors for school counselors outline that as a profession, we are charged with serving all students through the implementation of evidence-based practices and comprehensive school counseling programs. Through advocacy efforts, school counselors can take steps to ensure students with disabilities are thriving in culturally responsive environments that support their unique needs. In efforts to serve all students, specifically those with disabilities, to support academic, career and social/emotional development, understanding disability-related legislation is imperative.

Ethics and the Law

School counselors must be well informed of legal mandates in supporting students with disabilities. Laws including Section 504 of the Rehabilitation Act (1973), the Individuals with Disabilities Education Act-IDEA (1997) and its 2004 reauthorization, the Individuals with Disabilities Education Improvement Act, charge schools with the responsibility of protecting the rights of, meeting the individual needs of, and providing a free and appropriate education to students with disabilities. These laws provide guidance in the development and implementation of the Section 504 plan - which provides access and support to students with disabilities in the general education environment through accommodations - and the Individualized Educational Program (IEP), a plan that outlines specialized individual instruction for students with disabilities in the least restrictive environment.

We also have an ethical obligation to adequately support students with disabilities. The 2016 American School Counselor Association's Ethical Standards for School Counselors provides guidelines in areas including advocacy, confidentiality, cultural competence, equitable access, support for underserved/at-risk populations and respect/dignity for students with disabilities. It is our legal and professional responsibility to advocate for students with disabilities.

Understanding Perceptions

An essential step in understanding how to support students with disabilities is to understand the various perceptions that can surround being identified as an individual with a disability. Students may experience feelings of isolation and inferiority associated with the perceived shortcomings of their disabilities. According to 2017 study by Chad Rose and Nicholas Gage, students with disabilities are often bullied at a rate disproportionate to that of their peers. These authors recommended social and emotional training for students with disabilities related to engagement with their peers. School counselors are uniquely positioned to engage students with disabilities in individual or small-group counseling centered around psychoeducational practices of educating students on how to socially engage with peers and how to identify and report bullying.

In her 2006 article, Amy Milsom discussed how school counselors can promote systemic change by creating an inclusive school environment that addresses attitudes and perceptions that directly impact the educational experiences of students with disabilities. Through their school counseling programs, school counselors can form cultural practices that extend beyond race and ethnicity to include students with disabilities. For example, the school counselor can provide support to students with disabilities who experience ableism through counseling, professional development for teachers, and mentoring programs for peers to build acceptance and understanding.

Promoting Advocacy

School counselors are key agents, both directly and indirectly, in promoting advocacy with and for students with disabilities. Directly, school counselors can support students with disabilities in helping them recognize their strengths and develop self-advocacy skills. These skills can assist students in navigating through systemic barriers and difficult experiences imposed on them due to stigma and/or ignorance about disabilities. Group counseling can promote social/emotional development and allow students with disabilities the opportunity to enhance their problem-solving skills through interpersonal support from their peers. Classroom lessons can provide psychoeducational experiences exploring topics including diversity, conflict resolution, bullying and respect. In addition to individual and group counseling and classroom lessons, school counselors can support students with disabilities indirectly by:

Collaborating with school-based teams to ensure appropriate services for students with disability-related educational plans (i.e. IEP, 504 plans)

Connecting families to resources including community, mental health, service providers and support networks

Transition planning (e.g., vocational, employment, housing, etc.) for students ages 17-21

Educating staff through consultation and professional development opportunities

Helping to develop a school climate that is welcoming and supportive of students with disabilities

The school counselor's role is essential in advocating for students with disabilities. In paving the way for students with disabilities, school counselors are helping to ensure that all students are supported. Below is a list of resources that may be helpful in enhancing your school counseling program as you work to support students with disabilities.
Training: ASCA U's Students with Special Needs Specialist
Text: ASCA National Model (fourth edition) and Implementation Guide
ASCA Position Statement: The School Counselor and Students with Disabilities
Article: Creating positive school experiences for students with disabilities. Professional School Counseling (2006), by Amy Milsom

Taqueena S. Quintana, Ed.D., LPC, NCC, BC-TMH, is an assistant professor at Arkansas State University where she serves as the School Counseling Program practicum and internship coordinator for school counselor trainees. She is a licensed school counselor in New Jersey, Maryland and the District Columbia. She is also a licensed professional counselor in the District of Columbia. Contact her at tquintana@astate.edu.

Jenna M. Alvarez, Ph.D., LSC, LPC, is an assistant professor at the University of Cincinnati where she coordinates the School Counseling Program and serves as the field coordinator for school counselor trainees. She is a licensed school counselor and a licensed professional counselor in Ohio. Contact her at alvarejm@ucmail.uc.edu.

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Advocacy for All: Serving Students with Disabilities

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Advocacy is at the forefront of our profession and school counselors are equipped to advocate for student success. The ASCA Mindsets & Behaviors for school counselors outline that as a profession, we are charged with serving all students through the implementation of evidence-based practices and comprehensive school counseling programs. Through advocacy efforts, school counselors can take steps to ensure students with disabilities are thriving in culturally responsive environments that support their unique needs.

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Citation: 20 U.S.C. 1412.
Link to Law Text: https://www.law.cornell.edu/uscode/text/20/1412
Source of Law: Statutory Law
Brief Summary:

Free and appropriate education for all students with disabilities

Individualized Educational Plan should be written and followed for students with disabilities

Children with disabilities will be served in the least restrictive environment along with general education students

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(a) In general A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:

(1) Free appropriate public education

(B) Limitation The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children-

(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility-

(2) Full educational opportunity goal

The State has established a goal of providing full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal.

(4) Individualized education program

Children with disabilities are evaluated in accordance with subsections (a) through (c) of section 1414 of this title.

(10) Children in private schools

(A) Children enrolled in private schools by their parents

(i) In general To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local educational agency, provision is made for the participation of those children in the program assisted or carried out under this subchapter by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under subsection (f):

Such services to parentally placed private school children with disabilities may be provided to the children on the premises of private, including religious, schools, to the extent consistent with law.

(ii) Child find requirement

The requirements of paragraph (3) (relating to child find) shall apply with respect to children with disabilities in the State who are enrolled in private, including religious, elementary schools and secondary schools.

(II) Equitable participation

The child find process shall be designed to ensure the equitable participation of parentally placed private school children with disabilities and an accurate count of such children.

The cost of carrying out this clause, including individual evaluations, may not be considered in determining whether a local educational agency has met its obligations under clause (i).

Such child find process shall be completed in a time period comparable to that for other students attending public schools in the local educational agency.

(iii) Consultation To ensure timely and meaningful consultation, a local educational agency, or where appropriate, a State educational agency, shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding-

the determination of the proportionate amount of Federal funds available to serve parentally placed private school children with disabilities under this subparagraph, including the determination of how the amount was calculated;

the consultation process among the local educational agency, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;

how, if the local educational agency disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the local educational agency shall provide to the private school officials a written explanation of the reasons why the local educational agency chose not to provide services directly or through a contract.

(iv) Written affirmation

When timely and meaningful consultation as required by clause (iii) has occurred, the local educational agency shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation of the consultation process to the State educational agency.

A private school official shall have the right to submit a complaint to the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official.

(vi) Provision of equitable services

(I) Directly or through contracts The provision of services pursuant to this subparagraph shall be provided-

through contract by the public agency with an individual, association, agency, organization, or other entity.

(II) Secular, neutral, nonideological

Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

(vii) Public control of funds

The control of funds used to provide special education and related services under this subparagraph, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this chapter, and a public agency shall administer the funds and property.

(11) State educational agency responsible for general supervision

(A) In general The State educational agency is responsible for ensuring that-

(ii) all educational programs for children with disabilities in the State, including all such programs administered by any other State agency or local agency-

(12) Obligations related to and methods of ensuring services

(A) Establishing responsibility for services The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (B) and the State educational agency, in order to ensure that all services described in subparagraph (B)(i) that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under clause (iii). Such agreement or mechanism shall include the following:

(i) Agency financial responsibility

An identification of, or a method for defining, the financial responsibility of each agency for providing services described in subparagraph (B)(i) to ensure a free appropriate public education to children with disabilities, provided that the financial responsibility of each public agency described in subparagraph (B), including the State medicaid agency and other public insurers of children with disabilities, shall precede the financial responsibility of the local educational agency (or the State agency responsible for developing the child's IEP).

(ii) Conditions and terms of reimbursement

The conditions, terms, and procedures under which a local educational agency shall be reimbursed by other agencies.

(iii) Interagency disputes

Procedures for resolving interagency disputes (including procedures under which local educational agencies may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.

(iv) Coordination of services procedures

Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in subparagraph (B)(i).

(C) Special rule The requirements of subparagraph (A) may be met through-

(14) Personnel qualifications

(B) Related services personnel and paraprofessionals The qualifications under subparagraph (A) include qualifications for related services personnel and paraprofessionals that-

are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services;

(C) Qualifications for special education teachers The qualifications described in subparagraph (A) shall ensure that each person employed as a special education teacher in the State who teaches elementary school, middle school, or secondary school-

has obtained full State certification as a special education teacher (including participating in an alternate route to certification as a special educator, if such alternate route meets minimum requirements described in section 2005.56(a)(2)(ii) of title 34, Code of Federal Regulations, as such section was in effect on ), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except with respect to any teacher teaching in a public charter school who shall meet the requirements set forth in the State' s public charter school law;

(15) Performance goals and indicators

(A) has established goals for the performance of children with disabilities in the State that-

has established performance indicators the State will use to assess progress toward achieving the goals described in subparagraph (A), including measurements of interim progress for children with disabilities under section 6311(c)(4)(A)(i) of this title; and

will annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals established under subparagraph (A), which may include elements of the reports required under section 6311(h) of this title.

(21) State advisory panel

(B) Membership Such advisory panel shall consist of members appointed by the Governor, or any other official authorized under State law to make such appointments, be representative of the State population, and be composed of individuals involved in, or concerned with, the education of children with disabilities, including-

(22) Suspension and expulsion rates

(A) In general The State educational agency examines data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities-

(24) Overidentification and disproportionality

The State has in effect, consistent with the purposes of this chapter and with section 1418(d) of this title, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in section 1401 of this title.

(c) Exception for prior State plans

(2) Modifications made by State

Subject to paragraph (3), an application submitted by a State in accordance with this section shall remain in effect until the State submits to the Secretary such modifications as the State determines necessary. This section shall apply to a modification to an application to the same extent and in the same manner as this section applies to the original plan.

(3) Modifications required by the Secretary

If, after the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the provisions of this chapter are amended (or the regulations developed to carry out this chapter are amended), there is a new interpretation of this chapter by a Federal court or a State's highest court, or there is an official finding of noncompliance with Federal law or regulations, then the Secretary may require a State to modify its application only to the extent necessary to ensure the State' s compliance with this subchapter.

(d) Approval by the Secretary

If the Secretary determines that a State is eligible to receive a grant under this subchapter, the Secretary shall notify the State of that determination.

(2) Notice and hearing The Secretary shall not make a final determination that a State is not eligible to receive a grant under this subchapter until after providing the State-

(f) By-pass for children in private schools

If, on , a State educational agency was prohibited by law from providing for the equitable participation in special programs of children with disabilities enrolled in private elementary schools and secondary schools as required by subsection (a)(10)(A), or if the Secretary determines that a State educational agency, local educational agency, or other entity has substantially failed or is unwilling to provide for such equitable participation, then the Secretary shall, notwithstanding such provision of law, arrange for the provision of services to such children through arrangements that shall be subject to the requirements of such subsection.

(A) Determination of amounts If the Secretary arranges for services pursuant to this subsection, the Secretary, after consultation with the appropriate public and private school officials, shall pay to the provider of such services for a fiscal year an amount per child that does not exceed the amount determined by dividing-

( Pub. L. 91-230, title VI, § 612, as added Pub. L. 108-446, title I, § 101, , 118 Stat. 2676; amended Pub. L. 114-95, title IX, §§ 9214(d)(2), 9215(ss)(3), , 129 Stat. 2164, 2182.)

References in Text

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(11)(A)(iii), (21)(B)(v), is Pub. L. 100-77, , 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.

The Controlled Substances Act, referred to in subsec. (a)(25)(A), is title II of Pub. L. 91-513, , 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

For the effective date of the Individuals with Disabilities Education Improvement Act of 2004, referred to in subsec. (c)(1), (3), see section 302(a), (b) of Pub. L. 108-446, set out as an Effective Date note under section 1400 of this title.

The Social Security Act, referred to in subsec. (e), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are classified generally to subchapters V (§ 701 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

A prior section 1412, Pub. L. 91-230, title VI, § 612, as added Pub. L. 105-17, title I, § 101, , 111 Stat. 60, related to State eligibility for assistance, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108-446.

Another prior section 1412, Pub. L. 91-230, title VI, § 612, , 84 Stat. 178; Pub. L. 92-318, title IV, § 421(b)(1)(C), , 86 Stat. 341; Pub. L. 93-380, title VI, §§ 614(b), (f)(1), 615(a), title VIII, § 843(b), , 88 Stat. 581, 582, 611; Pub. L. 94-142, §§ 2(a)(4), (c), (d), 5(a), , 89 Stat. 773, 774, 780; Pub. L. 98-199, § 3(b), , 97 Stat. 1358; Pub. L. 99-457, title II, § 203(a), , 100 Stat. 1158; Pub. L. 100-630, title I, § 102(b), , 102 Stat. 3291; Pub. L. 101-476, title IX, § 901(b)(33)-(46), (c), , 104 Stat. 1143, 1144, 1151; Pub. L. 102-119, § 25(a)(5), (b), , 105 Stat. 606, 607, related to eligibility requirements, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105-17.

Amendments

2015-Subsec. (a)(14)(C). Pub. L. 114-95, § 9214(d)(2)(A), substituted "secondary school-" for "secondary school is highly qualified by the deadline established in section 6319(a)(2) of this title " and added cls. (i) to (iii).

Subsec. (a)(14)(D). Pub. L. 114-95, § 9214(d)(2)(B), substituted "personnel who meet the applicable requirements described in this paragraph" for "highly qualified personnel".

Subsec. (a)(14)(E). Pub. L. 114-95, § 9214(d)(2)(C), substituted "staff person to meet the applicable requirements described in this paragraph" for "staff person to be highly qualified".

Subsec. (a)(15)(A)(ii). Pub. L. 114-95, § 9215(ss)(3)(A)(i), added cl. (ii) and struck out former cl. (ii) which read as follows: "are the same as the State's definition of adequate yearly progress, including the State's objectives for progress by children with disabilities, under section 6311(b)(2)(C) of this title;".

Subsec. (a)(15)(B). Pub. L. 114-95, § 9215(ss)(3)(A)(ii), which directed substitution of "including measurements of interim progress for children with disabilities under section 6311(c)(4)(A)(i)" for "including measurable annual objectives for progress by children with disabilities under section 6311(b)(2)(C)(v)(II)", was executed by making the substitution for "including measurable annual objectives for progress by children with disabilities under section 6311(b)(2)(C)(v)(II)(cc)", to reflect the probable intent of Congress.

Subsec. (a)(16)(C)(ii)(I). Pub. L. 114-95, § 9215(ss)(3)(B)(i), substituted "challenging State academic content standards under section 6311(b)(1) of this title and alternate academic achievement standards under section 6311(b)(1)(E) of this title" for "State' s challenging academic content standards and challenging student academic achievement standards".

Subsec. (a)(16)(C)(ii)(II). Pub. L. 114-95, § 9215(ss)(3)(B)(ii), substituted " section 6311(b)(1)(E) of this title," for "the regulations promulgated to carry out section 6311(b)(1) of this title,".

Statutory Notes and Related Subsidiaries

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(a) In general A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions: (1) Free

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Citation: U.S. Const. amend. XIV, § 1.
Link to Law Text: https://www.law.cornell.edu/wex/equal_protection
Brief Summary:

14th amendment states that government body cannot deny equal protection

All individuals must be treated in the same manner as others

Special education students covered under this amendment

14th amendment is the foundation for IDEA, ensuring FAPE, IEPs, and LRE

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Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

Permissible Discrimination

It is important to acknowledge that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article.

U.S. Constitution

The Fifth Amendment's Due Process Clause requires the United States government to practice equal protection. The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection.

Equal protection forces a state to govern impartially-not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.

Equal Protection Analysis

When an individual believes that either the federal government or a state government has violated their guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief.

Based on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. The individual will need to prove that the governing body's action resulted in actual harm to them. After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use. It is important to note that courts have combined elements of two of the three tests to create an ad hoc test.

Further Reading

For more on equal protection, see this Harvard Law Review article, this University of Pennsylvania Law Review article, and this Columbia University Law Review article.

[Last updated in November of 2022 by the Wex Definitions Team]

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Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

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Citation: 89 TEC § 1011 (a).
Link to Law: https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-89
Brief Summary:

Referral for any student must be available and provided within the school system

If a student is struggling academically, then they should be considered for all services in the evaluation process

A student does not need to be in the intervention process prior to referral to be considered for special education services

Referral can be requested by school staff, parents, school counselors, or any other person involved in the education of the student

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Adaptations for Special Populations

The links below provide PDF versions of each subchapter. You may also access a PDF version of the Chapter 89 table of contents.

A free PDF reader is available on the Adobe website.

STATE BOARD OF EDUCATION RULES

§89.1. Student Assessment.
§89.2. Professional Development.
§89.3. Student Services.
§89.5. Program Accountability.

§89.41. Policy.
§89.42. Official Testing Centers.
§89.43. Eligibility for a Texas Certificate of High School Equivalency.
§89.44. Identification.
§89.45. Retesting.
§89.46. Accommodations.
§89.47. Issuance of the Certificate.

§89.62. Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf.

COMMISSIONER OF EDUCATION RULES

Division 1. General Provisions

§89.1001. Scope and Applicability.
§89.1005. Instructional Arrangements and Settings.

Division 2. Clarification of Provisions in Federal Regulations and State Law

§89.1011. Full and Individual Initial Evaluation.
§89.1035. Age Ranges for Student Eligibility.
§89.1040. Eligibility Criteria.
§89.1047. Procedures for Special Education Decision-Making for Students in Foster Care.
§89.1049. Parental Rights Regarding Adult Students.
§89.1050. The Admission, Review, and Dismissal Committee.
§89.1052. Discretionary Placements in Juvenile Justice Alternative Education Programs.
§89.1053. Procedures for Use of Restraint and Time-Out.
§89.1055. Content of the Individualized Education Program.
§89.1056. Transfer of Assistive Technology Devices.
§89.1065. Extended School Year Services.
§89.1070. Graduation Requirements.
§89.1075. General Program Requirements and Local District Procedures.
§89.1076. Interventions and Sanctions.
§89.1080. Regional Day School Program for the Deaf.
§89.1085. Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services.
§89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
§89.1092. Contracting for Residential Educational Placements for Students with Disabilities.
§89.1094. Students Receiving Special Education and Related Services in an Off-Campus Program.
§89.1096. Provision of Services for Students Placed by their Parents in Private Schools or Facilities.

Division 3. Memoranda of Understanding Affecting Special Education Students

§89.1100. Memorandum of Understanding on Coordination of Services to Disabled Persons.
§89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities.

Division 4. Special Education Funding

§89.1121. Distribution of State Funds.
§89.1125. Allowable Expenditures of State Special Education Funds.

Division 5. Special Education and Related Service Personnel

§89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel.

Division 6. Regional Education Service Center Special Education Programs

§89.1141. Education Service Center Regional Special Education Leadership.

Division 7. Dispute Resolution

§89.1150. General Provisions.
§89.1151. Special Education Due Process Hearings.
§89.1165. Request for Special Education Due Process Hearing.
§89.1170. Impartial Hearing Officer.
§89.1175. Representation in Special Education Due Process Hearings.
§89.1180. Prehearing Procedures.
§89.1183. Resolution Process.
§89.1185. Hearing Procedures.
§89.1186. Extensions of Time.
§89.1191. Special Rule for Expedited Due Process Hearings.
§89.1192. Attorneys' Fees.
§89.1193. Special Education Mediation.
§89.1195. Special Education Complaint Resolution.
§89.1196. Individualized Education Program Facilitation.
§89.1197. State Individualized Education Program Facilitation.

§89.1201. Policy.
§89.1203. Definitions.
§89.1205. Required Bilingual Education and English as a Second Language Programs.
§89.1207. Bilingual Education Exceptions and English as a Second Language Waivers.
§89.1210. Program Content and Design.
§89.1215. Home Language Survey.
§89.1220. Language Proficiency Assessment Committee.
§89.1226. Testing and Classification of Students.
§89.1227. Minimum Requirements for Dual Language Immersion Program Model.
§89.1228. Two-Way Dual Language Immersion Program Model Implementation.
§89.1229. General Standards for Recognition of Dual Language Immersion Program Models.
§89.1230. Eligible Students with Disabilities.
§89.1233. Participation of English Proficient Students.
§89.1235. Facilities.
§89.1240. Parental Authority and Responsibility.
§89.1245. Staffing and Staff Development.
§89.1250. Required Summer School Programs.
§89.1265. Evaluation.

§89.1401. Purpose.
§89.1403. Student Eligibility.
§89.1405. Application to Operate a High School Equivalency Program.
§89.1407. Public Hearing.
§89.1409. Assessment.
§89.1411. Attendance.
§89.1413. Funding Under the Texas Education Code, Chapters 41, 42, and 46.
§89.1415. Extracurricular Participation.
§89.1417. Conditions of Program Operation.
§89.1419. Revocation of Authorization to Operate a High School Equivalency Program.

§89.1501. Definitions.
§89.1503. Funding.
§89.1504. Demonstration of Community Participation.
§89.1505. Eligibility and Grant Application.
§89.1507. Case-Managed Students.
§89.1511. Performance Standards and Revocation of Grant Award.

§89.1601. Definitions.
§89.1603. Transfer of Student Records and Transcripts.
§89.1605. Development of Systems to Ease Transitions and Establish Procedures to Lessen the Adverse Impact of Movement of a Student.
§89.1607. Award of Credit.
§89.1609. Placement in Educational Programs and Courses.
§89.1611. Promotion of Access to Educational and Extracurricular Programs for Students Who Are Homeless or in Substitute Care.
§89.1613. Promotion of Postsecondary Information.
§89.1615. Provision of Special Education Services.
§89.1617. Notice to Student's Educational Decision-Maker and Caseworker.

§89.1701. Dropout Prevention Strategy Plan.

§89.1801. Instructional Requirements for Education Services Provided in a Juvenile Residential Facility.

NOTE: The Texas Education Agency makes every effort to ensure that the information published on this Internet site is secure; however, due to the limitations of Internet security, the rules published here are for information only and do not represent legal documentation.

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The links below provide PDF versions of each subchapter. You may also access a PDF version of the Chapter 89 table of contents. A free PDF reader is available on the Adobe website. STATE BOARD OF EDUCATION RULES §89.1. Student Assessment. §89.2. Professional Development. §89.3. Student Services. §89.5. Program Accountability.

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Citation:

29 U.S. Code § 794

Link to Law: https://www.law.cornell.edu/uscode/text/29/794
Brief Summary:

Under Title II and Section 504, any institution receiving federal funds are not allowed to discriminate against individuals with disabilities

This includes colleges, universities, public schools, career and technical schools

All individuals are allowed to participate in any extracurricular or academic activities being offered to the general public within the institution

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(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

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29 U.S. Code § 794 - Nondiscrimination under Federal grants and programs

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(a) Promulgation of rules and regulations No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

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Citation: Henderson ISD. (2021). Special programs: Special education. https://pol.tasb.org/Policy/Download/1037?filename=EHBA(LEGAL).pdf

Link: https://pol.tasb.org/Policy/Download/1037?filename=EHBA(LEGAL).pdf

Summary of Information:
The policy information provided here for local administrative law covers what Henderson ISD enforces for special education students. This includes following IDEA and Section 504 laws as well as ADA compliance. Specifically, this policy ensures that all students, including those with disabilities, have equal opportunities.

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ASCA Ethical Standards for School Counselors

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ASCA Ethical Standards for School Counselors

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Ethical Code Item: A. 1. J.
Citation: American School Counselors Association. (2022). ASCA Ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Brief Summary:
Ethical Code Item number A.1.J. of the ASCA code of ethics for school counselors states that school counselors should advocate for equal policies and procedures so that all students needs are met. This includes programs, practices, interventions, and activities.

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Personal Connection to Special Education Laws

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Personal Connection to Special Education Laws

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Understanding the laws that pertain to special education students is very important in my personal educational journey. As a school counselor, it is my job to advocate for all students, ensuring that equal opportunities are being provided and met. This includes students in general education as well as special education. Another important role I have as a school counselor is help identify those students who need additional support that can be provided through special education.
The laws that are put into place (Section 504, IDEA, ADA, Title IX, 14th Amendment) are sound and reasonable. I feel these laws make it very clear what rights individuals have and how school districts should operate in providing support for everyone.

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Review school district policy regarding special education programs and compliance statements.

Understand the laws that pertain to special education (IDEA, Section 504, ADA, Title IX)

Review 504 paperwork for students

Review special education paperwork for students

Follow accommodations that are stated in student paperwork for best practices

Ask questions when unsure (school counselors, diagnosticians, administrators)

Attend special education trainings when possible for latest updates

Refer students who you feel are struggling significantly (collaborate with school counselors for referral)