https://padlet.com/kross152/2yewb6hqo6wal45n en-us 2022-09-25 00:59:50 UTC 2022-09-30 03:40:51 UTC hello@padlet.com kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922689 The topic for the Legal Guide assignment is Individuals with Disabilities Education (IDEA). Learning the laws for IDEA is critical for all administration, counselors, and special education teachers so that the employees can make sure that all students are being serviced correctly by the law. When servicing these students as a school counselor, one must ensure that students with disabilities receive the same opportunities in education as students who are not disabled. Counselors must provide students with disabilities the opportunities to learn in education and meet their emotional, social, and academic needs at school. For the students to be successful after graduation, the counselor may have the task of raising awareness among parents and advocating to make sure that the parents are informed of future possibilities for their handicapped child after graduation. This padlet of information can be shared with administrators and counselors to inform them of current IDEA laws, new IDEA laws, and policies. It has been several years since I learned about IDEA. As a future counselor, I chose this topic because I want to understand the IDEA laws better and know how to find and stay current with the new laws. Lastly, counselors sit in on ARDS and help ensure that students receive the correct services in the least restrive environment. ]]> 2022-09-25 01:34:05 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922689 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922802 1. Why the Legal Guide topic is important in your field of education, or how it is impacting your field of education:

According to Marsha Stringer, who is a counselor at Huntsville High School, the Individuals with Disabilities Education Act (Public Law 94-142) is important because school counselors serve as members of admission, review, and dismissal (ARD) committees. Counselors help ensure that students receive the correct services in their least restrictive environment. Also, counselors attend 504 meetings to help determine appropriate accommodations. Counselors help decide what type of accommodations and services best help children with disabilities in academic, social, and emotional learning to succeed while attending school (M. Stringer, personal communication, September 19, 2022).

2. 3 best practices related to your topic:

Mrs. Marsha Stringer explained that it is essential for school counselors to stay in compliance when deciding what services are best for students. Counselors should attend the informative meetings provided by district administrators who are in charge of updating staff members on new laws or laws that change. It is vital that school counselors communicate with their administrators when they do not know an answer or how to handle situations to make sure they are in compliance when helping make decisions for students with disabilities. Lastly, counselors should advocate for students with special needs to access the general education curriculum and resources that permit them to reach their full potential (M. Stringer, personal communication, September 19, 2022).

3. Emerging issue related to your topic that educators should watch to see how it plays out and impacts your
work:

Marsha Stringer explained that one issue related to the Individual Disabilities Education Act is how to manage disruptive behaviors. Special education students often have behavioral issues that cause disruptive ways. Secondary children out-size their teachers, and this can be serious if they decide to cause harm. Many have questioned whether these students should stay in the least restrictive environment or be placed in a special one (M. Stringer, personal communication, September 19, 2022). 

4. Name, title, school/org of interviewee:

Marsha Stringer, School Counselor, Huntsville High School, Huntsville ISD, https://www.huntsville-isd.org/Domain/975


]]> 2022-09-25 01:34:34 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922802 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922970 The U.S. Department of Education provides a website on the Individuals with Disabilities Education Act (IDEA) that informs and updates individuals on law and policy and provides resources for counselors, administrators, students, parents, or service providers. The website serves information on infants, toddlers, children, and youth with disabilities. A person needing information or resources for an individual with a disability can easily research the information needed on the user-friendly website.

U.S. Department of Education. (2022). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/about-idea/

]]> 2022-09-25 01:35:10 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311922970 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941534 The article, New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline,
explains that Section 504 requires schools to provide behavioral supports and services to students with disabilities so that they receive free appropriate public education (FAPE). The guidelines released by the Department of Education's Office for Civil Rights and Office of Special Education and Rehabilitative Services help students in elementary and secondary schools avoid harsh and exclusionary discriminatory discipline due to their disabilities (Stanford, 2022). The students should be treated fairly and have access to support and services to meet their needs.     

Standford, L. (2022, July 19). New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline. Education Week. https://www.edweek.org/teaching-learning/new-discipline-guidance-focuses-on-discrimination-against-students-with-disabilities/2022/07https://www.edweek.org/teaching-learning/new-discipline-guidance-focuses-on-discrimination-against-students-with-disabilities/2022/07    ]]> 2022-09-25 02:34:04 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941534 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941668 Students with disabilities faced unique barriers to online learning during the pandemic. The article, Educating Students with Disabilities During COVID-19 Review, explains that students with disabilities now have gaps due to the fact that students' IEPs were breached because schools did not provide adequate accommodations under IDEA (Kim et al., 2022). This article provides examples of how Covid-19 effects on in-person classroom instruction have disproportionality impacted the students. Schools now face lawsuits because of the barriers that children with disabilities faced due to online learning.

Ross, T., Kim, C., Rohde, K. (2022, June 11). Educating Students with Disabilities During Covid-19. The Regulatory Review. https://www.theregreview.org/2022/06/11/saturday-seminar-educating-students-with-disabilities-during-covid-19/]]> 2022-09-25 02:34:33 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941668 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941987 Constitutional Law :
- Education for All Handicapped Children Act (Public Law 94-142) 1975
-Name changed to Individual with Disabilities Education Act (IDEA) 1990
-Law that provides guidelines for a free appropriate public education to children with disabilities
-Administrators, counselors, teachers, and other school employees must be educated on this law and follow the law in order to provide the best services for children with disabilities

Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm ]]> 2022-09-25 02:35:30 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311941987 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942037 Statutory Law:
-Individual Disabilities Education Act of 1990, 33 U.S.C. § 1432 (1)
- At-risk infant or toddler
-Children under three years of age are experiencing a substantial development delay
- Receives developmental services
- Provided at no cost except where Federal or State law provides for a system of payments by familie


Individual Disabilities Education Act of 1990, 33 U.S.C. § 1432 (1). https://www.govinfo.gov/content/pkg/PLAW-108publ446/html/PLAW-108publ446.htm


]]> 2022-09-25 02:35:39 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942037 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942081 Judicial Law:
Schaffer v. Weast, 546 U.S. 49 (2005)
-Brian came from a private school to a public school because he needed better services.
-The parents did not like the fact that he was being placed in a larger class and felt he did not have intensive services.
-Believed their child's IEP was not correct
-Placed Brian in a private school and was seeking compensation for the cost of Brian's subsequent private education
- United States Court of Appeals for the Fourth Circuit ruled in favor of the school district
- Courts agree that if parents dispute an IEP, it is the parent's burden to place an issue on the appropriateness of the IEP
-The burden of persuasion lies where it falls, upon the party     seeking relief

Schaffer v. Weast, 546 US 49 Supreme Court (2005). https://scholar.google.com/scholar_case?case=17345534621187318493&q=Schaffer+v.+Weast,+546+U.S.+49+(2005)&hl=en&as_sdt=6,44&as_vis=1

(You can click on the picture above, which will take you to the site. It looks like it will not work, but it does.)

]]> 2022-09-25 02:35:47 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942081 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942168 Administrative Law:
-Texas Administrative Code §74.28 provides guidelines for schools to follow in order to provide the best services for students who qualify for dyslexia (1996).
- Only adults who are trained to evaluate students for dyslexia appropriately may administer the assessment
-Schools must provide an evidence-based reading program for students with dyslexia
-Parents must be notified before assessing the student
-Schools must provide the parents who have children with dyslexia with a handbook that contains information on procedures concerning dyslexia

19 Texas Administrative Code §74.28 (1996) https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=2&ch=74&sch=C&rl=Y]]> 2022-09-25 02:36:02 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311942168 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311943427 Huntsville ISD states in the board policy manual that the district designates at least one employee to organize, coordinate and comply with Section 504 and the ADA. The district must provide the name, work address, and phone number of the individual so that interested individuals can contact the person to find out information and ask questions. Because laws are always being added or changed for IDEA, districts have a hard time staying informed of new laws. It is important to designate a person in charge so that the district stays updated with all new information from the state legislature and federal legislation.

Huntsville ISD Board Policy Manual (2022). FB-Equal Educational Opportunity. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1196&code=FB]]> 2022-09-25 02:39:28 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311943427 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311943531
As explained by the American School Counselor Association (ASCA) A.6, counselors must provide students with services through the school or community services that display special needs (2022). A counselor must remember the limits of confidentiality to others for students with disabilities. If a child displays that they may harm themselves or someone, the counselor must consider the duty of care and notify the appropriate authority. A teacher may approach the school counselor about concerns of a child that may struggle academically, socially, and emotionally. The counselor will follow the school procedures for assessing the student to decide if the child has a disability. If the counselor discovers that the child has a disability, he or she must make sure that the child is being provided the services and accommodations needed for the disability. The ASCA explains in A.2a the legal mandates regarding confidentiality that counselors must obtain (2022). Only individuals attending the ARD will have the information.

American Counseling Association. (2022). 2022 ACA code of ethics. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)]]> 2022-09-25 02:39:48 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311943531 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311944022 When I was a young child, I lost both of my parents. I do not remember my elementary school having a school counselor until I entered jr. high. Looking back, I believe I would have greatly benefited from visiting the counselor to discuss my emotions. As stated by the American School Counselor Association ethical standard A.1c, counselors must support students with barriers so that they perform well academically (2022). Although I did not have a physical disability, I do think there were days when I had emotional issues. Emotional issues are now tied to anxiety issues. This barrier did not help me perform well academically while in elementary school. The school counselor could have found services or strategies that would have helped me during my younger years and the anxiety I was dealing with. School counselors are vital in helping children deal with emotional issues. Having laws that provide guidelines for ethical issues benefits children so that they may be academically and socially/emotionally successful. I believe that my experience with trauma will help me be compassionate to children who are dealing with academic, social, and emotional issues. It will be my top priority to help children be successful in school so that they can function in society and contribute to our society. 

American Counseling Association. (2022). 2022 ACA code of ethics. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)]]> 2022-09-25 02:40:41 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2311944022 kross152 https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2312830639 1. Stay current on new laws and changes made to laws that are in place to service students correctly.
2. Discuss Public Law 94-142 with the administration and stress the importance of providing education and related services for children with disabilities.
3. Provide the teachers a professional development that explains the importance of them following a child's  Individualized Education Program (IEP) and the ramifications they could face if they do not follow the law for children with disabilities.  
4. Collect current services outside of school that can be provided to parents of students with disabilities. 
5. When beginning a counseling position, provide the information with your administration of the four counseling program components of the comprehensive school counseling program.
6. Share your American School Counselor Association code of ethics with your administration. Discuss the importance of following the code of ethics.  
7. Provide support to parents who have children with disabilities. 
8. Keep information on students confidential unless one may fear that a child could harm someone or themselves
9. Be prompt in helping all students that need services.
10. Address students' academic, career, and social/emotional development needs at all times. ]]> 2022-09-26 02:25:39 UTC https://padlet.com/kross152/2yewb6hqo6wal45n/wish/2312830639