Disability Law by Shawn Hampson https://padlet.com/shampson/6l3rqrjj9c61u44s By Shawn Hampson en-us 2021-04-29 17:07:46 UTC 2021-04-30 13:31:54 UTC hello@padlet.com Slide #1 Professional Perspective/Audience/Topic: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474912164 Before completing this class, I was unaware of the intricacies of law relating to education. Additionally, I did not realize how much I needed to know about the laws pertaining to education and its value to my role as a community college guidance counselor; therefore, developing a thorough understanding of educational law is critical to my commitment of supporting students. Educators working with students with disabilities are my audience for my topic of law relating to students with disabilities in education. I chose this topic because disability law protected my rights as a student with a disability and provided me the opportunity to achieve a master's degree level of education. ]]> 2021-04-29 17:11:59 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474912164 Slide #2 Interview: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474913606 Jason Constein
Director of DSPS
Mt. San Jacinto Community College
Disability education law is essential in a community college because the number of students enrolling for services has increased and will continue to increase as time goes on. The Director of Disability Services and Programs anticipates a spike in enrollments in their program due to the rise of mental health challenges students are currently facing. Mental health has been the fast-growing disability category for their program over the past few years. One of his department's biggest challenges is adjusting its accommodations to suit the online course environment. For example, most online courses before COVID-19 were asynchronous; however, now, many teachers are offering real-time online courses with a live lecture. The students in need of a notetaker for lecture notes are not receiving their accommodation because the DSPS department has not developed a way for students to receive notes in an online lecture environment. Instructors also experience frustration with students' accommodations and requests for additional modification due to the online learning environment. 
Best Practices:
  • Actively listen to students who are navigating an educational limitation due to a documented disability
  • Provide a safe place for students to share their frustrations and challenges; especially with the abrupt shift to online courses
  • Foster a culture of inclusion and do not allow ableism to create an environment where students with disabilities feel less than
]]> 2021-04-29 17:12:15 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474913606 Slide #3 Professional Association: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474915493 Professional Association: American Association of Community Colleges 
Citation: Christian, K. & Bacchus, G. (2020). Providing access for students with disabilities. https://www.aacc.nche.edu/wp-content/uploads/2020/04/Providing_Access_for_Students_with_Disabilities.pdf
Summary:
This presentation is providing COVID-19 response information and policies for continuing to support students with disabilities. The presentation also outlines the challenges ahead for students with disabilities transitioning and adjusting to an online course environment.
]]> 2021-04-29 17:12:35 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474915493 Slide #4 Current News Article: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474917216 Admitting a Student, and Turning Down His Accommodation (at First)
Citation: Jaschik, S. (2021). Admitting a student, and turning down his accommodation (at first). Inside Higher Ed. https://www.insidehighered.com/admissions/article/2021/03/15/stanford-admits-student-denies-his-request-accommodation

  • A student with Cerebral Palsy was denied the use of a scribe for homework
  • The student was given a scribe for in-class, but providing a scribe for his homework was considered a personal service
  • Stanford agreed to meet with student and review his request after he had the support of over 57,000 people

]]> 2021-04-29 17:12:54 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474917216 Slide #5 Current News Article: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474923002 Disabled Students Already Faced Learning Barriers. Then Coronavirus Forced an Abrupt Shift to Online Classes.
Citation: Custodio, J. (2020). Disabled students already faced learning barriers. Then coronavirus forced an abrupt shift to online classes. The Chronicle of Higher Education. https://www.chronicle.com/article/disabled-students-already-faced-learning-barriers-then-coronavirus-forced-an-abrupt-shift-to-online-classes/
  • The article discusses access issues that have been overlooked since the abrupt shift to online learning dues to COVID-19.
  • Instructors agree to offer the accommodations but never follow through
  • Instructors make students with disabilities feel like they are getting an advantage over other students if they use their accommodations.
  • 12% of graduate students have some kind of disability.
  • Discusses the difference between access needs and accommodations 
]]> 2021-04-29 17:13:57 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474923002 Slide #6 Original Sources of Law: Federal Constitutional Law shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474925717 Individuals with Disabilities Education Act (IDEA)
Citation: Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004)
  • Children with disabilities are ensured a free appropriate public education. FAPE means educational services
  • Special education programs must be designed for the student to make progress in the general education curriculum
  • Students must receive an evaluation before they receive special education services
  • Individual transition plan (IEP) is required for each student no later than age 16. 
  • If a student is placed outside the general education classroom it must be aligned to the child’s individual disability
]]> 2021-04-29 17:14:29 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474925717 Slide #7 Original Sources of Law: State Statutory Law shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474926603 Texas Education Code – Special Education Programs
Citation: Tex. Educ. Code § 29.00
  • Statewide plan to ensure funding and the quality of special education in Texas public schools
  • Ensures state compliance with federal disability law
  • Ensures personnel are appropriately trained 
  • Ensures that an individualized education program for each student with a disability is properly developed, implemented, and maintained
  • Ensures specific eligibility criteria
]]> 2021-04-29 17:14:38 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474926603 Slide #8 Original Sources of Law: Judicial Law shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474927447 Hendrick Hudson Dist. Bd. Of Ed. v. Rowley, 458 U.S. 176 (1982)

  • The US Supreme Court ruled that IDEA does not ensure that a disabled student is entitled to receive an education that helps them reach their full potential.
  • The deaf student is this case was denied an interpreter for her class because she was given a listening device
  • The student could only process 60% of the information audibly conveyed in class
  • The court decided that disability services only need “to permit the child to benefit educationally from that instruction.” (not reach their full potential)
]]> 2021-04-29 17:14:48 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474927447 Slide #9 Original Sources of Law: State Administrative law shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474928375 The Texas Education Agency
Chapter 89. Adaptations for Special Populations
Subchapter AA. Commissioner's Rules Concerning Special Education Services
Instructional Arrangements and Settings.
Citation: 19 TAC § 89.1005 
  • Texas State public schools shall comply with state and federal law and regulations 
  • Outlines the student screening process for special education services
  • Identifies the age range for student eligibility 
  • Identifies legibility criteria
  • Outlines parental rights
  • Outlines requirements for the IEP
]]> 2021-04-29 17:14:59 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474928375 Slide #10 Local Administrative Law/Policy/Rule: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474932047 Mt. San Jacinto Community College. (2002). Board Policies Ch. 5. Student Services-Disabled Students Programs and Services. BP 5140.
https://go.boarddocs.com/ca/msjc/Board.nsf/goto?open&id=ANJ35S048AAC#
  • Commitment to the inclusion of students with disabilities. Students with disabilities shall be reasonably accommodated pursuant to federal and state requirements in all applicable District programs and activities. 
  • The Disabled Students Programs and Services (DSPS) program shall be the primary provider of disability services
  • DSPS services shall be available to students with verified disabilities
  • Students with a disability are not required to participate in DSPS 
  • The District shall respond in a timely manner to accommodation requests 
]]> 2021-04-29 17:15:41 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474932047 Slide #11 Ethical Principle: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474933443 The ASCA Ethical Standards for School Counselors 
A.10.G Recognize the strengths of students with disabilities as well as their challenges and provide best practices and current research in supporting their academic, career and social/emotional needs.
Citation: American School Counselor Association. (2016). The ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/764178fc-c4b7-45d2-a4bc-bd4e101ab15e/EthicalStandards.pdf
Connection:
It is essential for teachers and counselors to provide customized support to students with disabilities. Helping them to build on their strengths and improve their weak areas. This ethical principle also applies to their duty according to tort law.
]]> 2021-04-29 17:15:58 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474933443 Slide #12 Personal Connection to the Legal and Ethical Standards: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474936769 The disability laws advocating and ensuring the support required for students with disabilities to receive an equitable education has helped me fight my way through my education and receive my master's degree. Additionally, having teachers who would help me build upon my strengths and encourage gave me hope along this challenging journey. I would have never imagined someone like myself would ever have the ability or opportunity to receive a master's degree. I did not realize how complicated the legal process can be and how many levels and types of laws are required to support one federal law such as IDEA. As a future community college counselor, it is crucial to understand the laws that protect students with disabilities to ensure they receive the support they need to succeed.

]]> 2021-04-29 17:16:36 UTC https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474936769 Slide #13 Bulleted list of Recommendations: shampson https://padlet.com/shampson/6l3rqrjj9c61u44s/wish/1474937957 ·      Become familiar with disability law related to education
·      Become familiar with the ethical standards related to disability
·      Become familiar with the disability services are offered on your campus
·      Provide a warm handoff between students seeking services and the disability
       services department on your campus
·      Actively listen to students who are struggling academically
·      Make a list of Instructors who have more patience when working with 
       students with disabilities in their classrooms 

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