Legal Guide by Mattie Hill https://padlet.com/mattie_hill2/4b0e34tewff70g2w EDG 6305 en-us 2020-07-17 23:44:51 UTC 2020-07-18 04:20:41 UTC hello@padlet.com Slide 1: Professional Perspective mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223253 I currently serve as a second grade teacher at a public elementary school.  I am studying curriculum and instruction to hopefully obtain a training position at a professional development center.  I am researching special education services and the students who qualify for such services.  I chose this topic to become more knowledgeable about the  laws and decisions made about special education so I am more aware as a teacher and future educational trainer. Anyone involved in public education, particularly in Texas, would benefit from this legal guide as it informs readers about the different laws and policies surrounding special education, but also brings a real-world relevancy to the topic through articles, an interview, and personal recommendations.]]> 2020-07-17 23:49:01 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223253 Slide 2: Interview mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223336 The legal guide impacts the field of special education because the laws explicitly describe the expectations for schools to follow in order to meet the needs of special needs students.  As education has evolved, cases of negligence or unfair decisions have surfaced in the world of special education, and the cases have helped teachers and school districts across the nation make better, smarter decisions (McGilvray, 2020).  McGilvray (2020) explained that she is able to stay informed on current topics by subscribing to different education newsletters and working closely with other special education teachers and coordinators in her district and region.  

Some best practices when working with special education students include:
  • following the student's IEP closely and monitoring their goals and progress 
  • encouraging and fostering growth in the student's least restrictive environment
  • use assessments that provide diagnostic information and meet the student's individual needs

As teachers and school districts navigate the pandemic and make decisions for the students, many questions about special education and the services students receive arise.  Parents of special needs students are concerned with the services their students miss with virtual learning.  McGilvray (2020) explained that special education teachers are expected to continue to provide individual student services as they would in the traditional school setting, and often meet with students via Zoom, a video conferencing tool, and push out modified assignments through the school's platform of choice.

Interviewee: Bari McGilvray,  San Saba Special Education teacher and coordinator for elementary campus
]]> 2020-07-17 23:49:20 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223336 Slide 3: Professional Association mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223374 In the National Association of Special Education Teachers April "Week in Review", Zirkel (2020) wrote an article discussing COVID-19, special education students, and a legal perspective of the situation. The link takes readers directly to Zirkel's site for the journal.   
In order for teachers to provide special education services through technology, Zirkel (2020) writes to use creative collaboration with parents to meet service needs to the best of their ability.  Schools were given leniency on federal, state, and district levels when providing services due to the unprecedented circumstances. Zirkel (2020) gives examples of different laws and legal procedures that educators and legislators took over the last few months of the spring semester to accommodate special education teachers and students.
Citation: Zirkel, P. A. (2020). COVID-19 and K-12 students with disabilities: A second legal look. Retrieved from https://perryzirkel.com/2020/04/13/covid-19-and-k-12-students-with-disabilities-a-second-legal-look/]]> 2020-07-17 23:49:27 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223374 Slide 4: Current News mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223521 Article: Students with Disabilities Deserve Inclusion. It's Also the Best Way to Teach.
  • Placing special education students in the mainstream classroom should be done intentionally and thoughtfully
  • Definition of inclusion: carefully assessing a child's needs and then implementing a strategic plan to support that child within the general classroom setting
  • Schools and teachers must follow the model for successful inclusion in order for it to be cost and time effective, as well as beneficial for the student involved
  • Teachers need to recognize that special needs students can achieve and have a lot to offer to their peers, teachers, and school
  • "Inclusion works when educators collaborate, get the support they need, and believe in the value of all students. It's time for schools and teachers to reevaluate their long-held biases, and it's time to address the initial financial investment required for training and staffing. It's also the law." (Grieco, 2019)
Citation: Grieco, H. (2019). Students with disabilities deserve inclusion. It's the best way to teach. Retrieved from https://www.edweek.org/ew/articles/2019/05/08/students-with-disabilities-deserve-inclusion-its-also.html
]]> 2020-07-17 23:49:53 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223521 Slide 5: Current News mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223662 Article: Disability Rights Groups, School Administrators Spar Over Possible Changes to Special Education Laws.
  • Disability groups urged the government to uphold special education laws despite the pandemic
  • School officials fear legal consequences from parents if special education services are not met 
  • "The school leaders in our association are trying very hard to do the right thing for kids. But these are challenging times and some flexibility is needed." (Jones, 2020)
Citation: Jones, C. (2020). Disability rights groups, school administrators spar over possible changes to special education laws. Retrieved from  https://edsource.org/2020/disability-rights-groups-school-administrators-spar-over-possible-changes-to-special-education-laws/628376
]]> 2020-07-17 23:50:18 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223662 Slide 6: Federal Statutory Law mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223713 Individuals with Disabilities Education Act:
This law requires public education institutions to provide equal educational opportunities to students with disabilities in the least restrictive environment.  Students with disabilities ranging from 3-21 years of age qualify under IDEA if their disability falls under the 13 categories outlined within the law.
Citation: 20 U.S.C. §1412]]> 2020-07-17 23:50:27 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223713 Slide 7: Judicial Law mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223808  Timothy W. v. Rochester, New Hampshire, School District:
Timothy W., a student with severe disabilities, was refused educational services because the school board felt that no amount of educational services would benefit the child.  The child’s attorney filed with the court and the court ruled that all students, regardless of the severity of their disabilities, would be provided equal educational services.  This proves to educators and parents that no matter the disability, public education institutions must provide equal services.
Citation: Timothy W. v. Rochester, New Hampshire, School District, 875 F.2d 954 (1st Cir. 1989)]]> 2020-07-17 23:50:51 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223808 Slide 8: Local Administrative Law mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223849 San Angelo ISD Employee Handbook (2020-2021), Student Issues, Equal Educational Opportunities:
The employee handbook states that SAISD does not discriminate on the basis of race, color, religion, national origin, sex, or disability in providing education services, activities, and programs, including vocational programs.
Citation: San Angelo ISD.  (2020). Employee handbook 2020-2021. Retrieved from https://www.saisd.org/docs/hr_docs/2020-2021/Employee%20Handbook%202020-2021%20-%20Updated%20June%2019%202020.pdf]]> 2020-07-17 23:50:58 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223849 Slide 9: State Administrative Law mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223896 Special Education services and settings:
The TAC law explains the duties of Texas public schools and the educational services and settings they must provide to special education students.  Services and setting will be determined through an ARD committee and the student’s IEP.  Common settings include, but are not limited to, the mainstream classroom, homebound environment, inclusion classrooms, or resource rooms.
Citation: 19 TAC § 89.63]]> 2020-07-17 23:51:06 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223896 Slide 10: Local Administration mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223949 The following link directs readers to a page from San Angelo ISD and an update to special education services including enrollment information, rights of children under IDEA, and where to find more legal information regarding IDEA.  The PDF (https://saisd.org/docs/special%20education/Updates-on-Special-Education.pdf) attached on the webpage explains who to contact from the district about special education services and concerns, and updates from TEA pertaining to special education.
Citation: San Angelo ISD. (n.d.).  Updates in special education. Retrieved from https://saisd.org/departments/SpecialEducation/UpdatesInSpecialEducation.asp]]> 2020-07-17 23:51:16 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657223949 Slide 11: Ethical Principle mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657224052 Texas Educator's Code of Ethics
Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation (19 TAC §247.2).  This standard applies to special education because it requires teachers to provide equal educational opportunities to all students, regardless of disability or other factors.  This standard is important when considering consequences for teachers who fail to meet the code of ethics.
Citation:  19 TAC §247.2]]> 2020-07-17 23:51:36 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657224052 Slide 12: Non-law Source mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657224109 Book: Teacher's Guide to Special Education found on ASCD.
The book provides information specifically for general education teachers and what they need to know when providing instruction and services to special education students.   The book includes laws and cases to inform teachers about special education and the requirements of teachers, as well as examples of best practices and inclusion strategies.
Citation: Bateman, D. F., & Cline, J. L. (2016). Teacher's guide to special education. Retrieved from http://www.ascd.org/publications/books/116019.aspx]]> 2020-07-17 23:51:49 UTC https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657224109 Slide 13: Recommendations mattie_hill2 https://padlet.com/mattie_hill2/4b0e34tewff70g2w/wish/657224174
  • The most important thing when working with special education students is to follow the ARD committee's recommendations and the student's IEP.
  • Understand the different forms of assessment and  intervention tools at your campus.
  • Work to provide the least restrictive environment for the special education students.
  • Be intentional in your inclusion plans when mainstreaming special education students and follow the district/campus model for inclusion.
  • Consistently track student progress and record data according to district/campus guidelines, and be aware of when reevaluation should occur.
  • Implement differentiation strategies and instructional practices, for every student, special needs or not. This ensures all students are being instructed in ways that are meaningful and effective for them. This is especially important when working with special education students and in the inclusion setting.


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