https://padlet.com/mstevenson417/68z490vjj43nffw1 By: Morgan Stevenson en-us 2023-05-08 18:50:34 UTC 2025-10-30 13:47:46 UTC hello@padlet.com http://www.greaterlehighvalleyrealtors.com/GreaterLehighValleyRealtors/media/News/2019/Legal-landing.jpg mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2583878944 Throughout this assignment, I am looking at this topic from a school
district administrator’s perspective. I am currently working towards my
administration certification, so I thought it would be best to start looking
at issues through the lens of an administrator. I chose to research compliance with Special
Education Laws. This is one of the most crucial topics school districts
must ensure are being followed because of the legal ramifications that
could occur if not. I chose these topics because, as a school administrator,
it will be my responsibility to help make certain all necessary teachers and
staff understand the procedures, regulations, and consequences of these
subject matters. My audience is the teachers and staff members who will encounter and teach special education students. ]]> 2023-05-09 14:04:43 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2583878944 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2583921348 U.S. Department of Education
○ Within the U.S. Department of Education exists the Office of
Special Education and Rehabilitative Services (OSERS). This office is responsible for regulating all policies under IDEA, which is the Individuals with Disabilities Act. The Texas Education Agency (TEA) regulates school districts performance by the Texas Academic Performance Reports. These reports break down assessment data by grade levels and subpopulations . These reports show how special education students are performing on the state assessments.
○ The district governing body for ensuring compliance with
special education procedures and laws are the district
special education department and school administrators.
The special education department has a coordinator who
ensures that students’ individualized education plans are
being implemented and followed correctly by all teachers.

(Individuals with Disabilities Education Act, 2019)
(Texas Education Agency, 2022)]]> 2023-05-09 14:29:43 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2583921348 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2584095256 U.S. Constitutional Law
○ The fourteenth amendment in the United States
Constitution states that all children who reside in
the U.S. are offered a free and public education. This impacts the noncompliance of special education laws because it requires all students under special education to be offered an educational experience in the least
restrictive environment. This means general
education teachers have become increasingly
responsible for the implementation of individualized
education plans. This has led to more cases of the
needs of special education students not being met.

State Constitutional Law
○ The state laws which impact the special education laws are those that the United States Constitution has previously set forth. The fourteenth amendment of the United States Constitution impacts and guides the special education laws . 

https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-15.pdf 

(U.S. Const. amend. XIV, § 1.)]]> 2023-05-09 16:28:44 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2584095256 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2584273608 Individuals with Disabilities Education Act
○ All special education students are covered under
this act. This primary source of law sets forth all laws states
must follow in regards to special education
students.
○ States who receive funds from this act are required to ensure students with disabilities are offered a free and appropriate public education.
○ IDEA provides schools, i.e. teachers and parents, with the necessary tools to improve students with disabilities academic achievement.

http://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33/subchapter1&edition=prelim

Admission, Review, & Dismissal (ARD) Committee
○ School districts must create an admission, review, & dismissal committee for each student with disabilities and each student who is evaluated for the program.
○ This primary source of law requires the ARD committee to create an individualized education plan (IEP) for each student in special education.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1050 

 (Individuals with Disabilities Education Act, 2019)
 (19 Tex. Admin. Code §89.1050)]]> 2023-05-09 18:44:15 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2584273608 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587140504 ● H.W., by and through her friend, Jennie W. v. Comal ISD
● H.W. v. Comal Indep. Sch. Dist., 32 F.4th 454 (5th Cir. 2022)
○ In 2022, a court rule in favor of Comal Independent School District. The district was being sued for not adequately supporting an elementary school student with special education needs. The school had determined the student was not being successful in the general education classes, so it was decided that she would enter into an alternative classroom that could better support her educational needs. The student’s family argued this decision, and ultimately it was decided that this would be the least restrictive learning environment for the student.
○ Even though this case discusses an incident where a school won the court case, it shows how crucial it is for school districts to be aware of the special education laws. It is important for all involved with special education students to be made aware of possible consequences to not being in compliance with each and every special education law.

http://www.ca5.uscourts.gov/opinions/pub/18/18-50160-CV0.pdf ]]> 2023-05-11 12:46:15 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587140504 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587201071 Under the U.S. Department of Education, the Individuals with Disabilities Education Act regulates the enforcement of special education programs. If it is determined that a state needs assistance due to performance reports of special education students, IDEA will intervene with the strategies set forth in Section 300.604 of the IDEA regulations. The office of IDEA will determine whether the state needs advising, intervention, or substantial intervention based on the severity of the state. 

https://sites.ed.gov/idea/regs/b/f/300.604 

(Indiv. Disab. Ed. Act, 2017)]]> 2023-05-11 13:26:04 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587201071 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587273073 District Policy - Special Education: Procedural Requirements
○ In the district board policy manual, it explains the
procedures the district will follow to ensure all special
education students receive a free and appropriate
education (FAPE). The policy further explains the
procedures that will be taken if a due process
complaint is received by the school district.
○ To avoid a due process hearing or complaint, the
district ensures that all teachers have the necessary
knowledge of the special education laws and
requirements. The district also mandates teachers to
track accommodations being used for special
education students to guarantee the proper
procedures are being followed.

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=511&code=EHBAE#legalTabContent 

(HISD Board Policy Manual, 2023)]]> 2023-05-11 14:09:55 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587273073 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587292511 ● There are multiple steps school districts need to take to ensure all staff are in compliance with the special education laws.
     ○ The special education department is required to attend professional development workshops for regulations, laws, and confidentiality. This ensures the necessary staff stay up to date with current policies and procedures.
     ○ All parents and students are offered due process. This allows proper handling of disputes between parents and a school district in regards to special education services
of their student. IDEA requires parental involvement in the special education process. Ensuring parent involvement is, not only required, but also assists in all parties understanding the services offered and in place.
     ○ The district special education coordinator thoroughly evaluates all documentation to
guarantee all is completed correctly and in a timely manner.

● If a school district is not in compliance with the special education laws, they could face investigations by TEA (Texas Education Agency) or the FBI, depending on the severity of the offense. Additionally, the school district could face state and/or federal lawsuits.

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2409&context=ulj 

(Seligman, 2001)]]> 2023-05-11 14:21:46 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587292511 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587303135 ○ When pertaining to the compliance with special education laws, all teachers and school staff are required to uphold the ethical standards set forth by the Texas Educators’ Code of Ethics. Within the Texas Administrative Code, it states that educators must avoid moral turpitude, meaning they are not to commit fraud, be dishonest, or misrepresentation. 
○ When analyzing the topic of a teacher not following a student’s individualized education plan (IEP), they are not in compliance with this section of the Texas Educators’ Code of Ethics. The teacher would be misrepresenting the student's academic achievement and ability in the general education classroom. 
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

(19 Tex. Admin. Code §247.2)]]> 2023-05-11 14:27:58 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587303135 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587360621 ○ Reviewing the many laws that affect education has shown me, as a future administrator, the importance of knowing and understanding the laws. I have been able to learn the legal repercussions that school districts have the potential of facing if these laws are not followed. I, now, understand where to research laws pertaining to special education and general education.
○ It is critical for administrators to know the main laws in education so they can ensure all necessary staff remains in compliance. Special education has many laws that if a district does not follow, could lead to loss of funding and/or lawsuits. Proper training and workshops should be provided to staff to ensure individuals understand how to abide by the laws. 

]]> 2023-05-11 15:06:14 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587360621 mstevenson417 https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587387181 ○ Ensure proper training for all staff who will be responsible for special education students. This training will cover the requirements teachers must complete in regards to the special education students in their classes.
○ Special education coordinator performs monthly checks to guarantee teachers are following students' IEPs. The coordinator will be able to catch cases of noncompliance early and be able to show the teacher how to properly follow all accommodations.
○ Staff will attend mental health and behavior intervention workshops. These are critical components that are becoming larger concerns in education. Staff will learn how to properly handle situation relating to these topics, which will assist with handling/teaching special education students.
○ Adopt a TEKS aligned curriculum for special education students. These students are required to follow the same TEKS as general education students. By adopting a curriculum that is TEKS aligned and a best fit for the special education students, teachers will have assistance with ensuring student academic achievement.
○ Assistance with documentation. The special education coordinator will ensure teachers are properly documenting services/accommodations that are being utilized for each special education student.
○ Hiring of certified/qualified staff members. The school district will make certain all staff who are responsible for special education students have the necessary state certifications. ]]> 2023-05-11 15:25:01 UTC https://padlet.com/mstevenson417/68z490vjj43nffw1/wish/2587387181