Legal and Ethical Guide to Special Education and COVID 19 by Jill Fox https://padlet.com/jfox216/7a5onqyf4iu4xved This padlet examines the connection between COVID 19 and its impact on Special Education by evaluating sources of law, current news articles, interviews with school administrators, educational associations, and ethical impacts. en-us 2020-09-28 00:19:42 UTC 2025-11-09 22:59:39 UTC hello@padlet.com Jill Fox Introduction jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782959420 My name is Jill Fox, and I am currently starting year number twenty-seven in education.  I have been very blessed to teach and coach all of these years and teach, grow and learn from many teenagers. I say that I have grown and learned from the students because education is ever changing and they have just as much to give teachers as teachers have to give them; it has to be a give and take relationship on both parts.  As I complete my masters and look to move into curriculum and instruction, my main goal is to either be an instructional coach or work on a Curriculum and Instruction team at the district level.  The last five to six years, I have grown to love watching young teachers influence the lives of students and want to assist those teachers become great leaders. 
With wanting to move into the Curriculum and Instruction role, I chose the topic of curriculum requirements and the development  curriculum.  As I began interviewing and discussing the topic with administrative personnel, while also teaching during COVID, I quickly realized that the idea of developing a curriculum and making sure guidelines are met is becoming more and more challenging due to online learning.  In the Spring of 2020, education as we know it changed and will never be the same again as online education at the k-12 levels has now entered the world of limitless opportunities for students to learn. As the world of opportunities has opened multiple positive avenues, it has also created challenges.  One area that has become more challenging is educating the Special Education population remotely.  
The purpose of the topic is evaluate the impact of COVID 19 on equity for Special Education students.



]]> 2020-09-28 00:45:51 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782959420 Interview with Mrs. Cottengame and Mrs. Meek jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782960239 I chose  to have a conversation with  Christi Cottongame, Chief Academic Officer at Community Independent School District, because her experiences in curriculum ranges from various levels and various positions in education.  Over twenty-six years, she has been an elementary school teacher, elementary campus-level reading specialist, district-level reading specialist, assistant principal at elementary, and secondary levels, elementary principal, High School Dean of Instruction and various positions on Curriculum and Instruction teams prior to being Chief Academic Officer.  Her experiences have allowed her to be a part of creating and developing many departments within an overall districts curriculum.
Mrs. Cottongame pointed out that as Chief Academic Officer, she has to monitor the changes and regulations placed on the district from the state level, which in Texas is the Texas Education Agency.  As she monitors these regulations and mandates, she then reports changes to the Superintendent, School Board, her curriculum and instruction team as well as the campus personnel  She currently attends the Superintendent conference calls weekly with the Commissioner of TEA and checks TEA’s webpage daily for any changes.  Community ISD is an active district within the Region 10 Service Center, which holds weekly Curriculum Director meetings to assure all districts are up to date on regulations and changes.
One of the areas she monitors is Special Education.  Community Independent School district has a Special Education Director who assists Mrs. Cottongame in monitoring progress and changes at both the federal and state levels to make sure the district is in compliance.   After speaking to Mrs. Cottongame, I spoke with Julie Meek, the Special Education Director as well to look at some of the emerging issues. 
When discussing emerging issues Mrs. Cottongame and Mrs. Meek agree that Covid has changed education as we all know it. Mrs Cottongame pointed out that, “Virtual instruction is one area that emerged quickly and is having a huge impact on education during the Covid pandemic. In the past, TEA was reluctant to allow districts to offer courses via virtual instruction, but during this time districts are being allowed to offer courses both online and in person allowing for more flexibility for students and families.” TEA is currently only allowing virtual instruction for the current 20-21 school year. Due to the flexibility it allows students and families, Mrs. Cottongame believes  “parents and schools will not let the ‘new normal’ go away at the end of the year”.  Mrs. Meek agrees that it does allow flexibility, but when looking at Special Education you have to be very intentional in servicing those students. Equity must be a regular focal point with special education students and virtual instruction makes this difficult at times.  Mrs Meek stated, “what children have or don't have available to them at home impacts their learning.  The most obvious concern for all students with virtual learning is technology; however, with special education equipment must be part of the discussion of equity in order to service  occupational therapy and physical therapy - for example, a standing frame, etc.”  Many schools across the country are bringing special education students on campus while all others are virtual to make sure they are getting the services needed due to lack of available resources at home.  
Mrs. Meek stated she, like Mrs Cottongame, “refers to the Texas Education Agency’s website for daily updates and changes.  She is also a member of TCASE, Texas Council of Administrators of Special Education, which allows her to communicate with other special education directors across the state to brainstorm ideas for assisting special education students”. 
After communicating with Mrs. Cottongame and Mrs. Meek, my focus quickly converted from the development of curriculum to the effects of COVID on special education and virtual learning.  This area intrigues me because as we all adjust to the new normal in the world of education, grace and mercy are needed knowing that mistakes will occur; however, the impact of this new normal on special education students could possibly have long lasting effects both educationally and legally. 



]]> 2020-09-28 00:46:19 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782960239 Texas Council of Administrators of Special Education jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782962684 The Texas Council of Administrators of Special Education is an association for directors and members to share ideas and important up to date guidelines. One area on the organization's website deals with resources for special education teachers, students and families during virtual learning.  The resources page contains blogs and sample resources.  One example, deals labeled “Tips for Families”, this area discusses how families can be involved with the students learning along with the schools.  A support plan containing weekly schedules, progress in activities reports, adjustments, video models, language tools and how this plan helps the entire family. 


]]> 2020-09-28 00:47:48 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782962684 jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782966940 2020-09-28 00:50:26 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782966940 jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782967702 2020-09-28 00:50:53 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782967702 Students in Special Education, English-Learners May Go Back to Class First. Here's Why By Corey Mitchell August 7, 2020 jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782969034

  • Schools across the country are returning, but in some states Special Education and ELL students are getting priority. 
  • Allowing students to return results from where “Some schools were unable to deliver services, such as speech, occupational, and physical therapy, that were guaranteed in IEPs. English-learners, especially those from homes where English is not the primary language, lost access to teachers and classmates who helped foster understanding of the language” (Mitchell, 2020).
  • Mitchell notes “if pre-pandemic research funded and produced by the U.S. Department of Education is any indication, they were probably not well served after schools shut down in the spring. Well before the coronavirus closed schools, studies determined that states struggled to develop remote learning policies for students with disabilities and that teachers were often not trained—and sometimes not willing—to use digital resources for English-learners, many of whom lack access to high-speed internet access and computers, laptops, or tablets” (2020). 
  • Inviting back specific groups could make it easier for schools to maintain social distancing guidelines but risks remain. 
  • Legal action is also impacting the decisions of who to allow back for face-to-face learning. Lawsuits include a potential class-action suit filed in New York City with possible plaintiffs in more than a dozen states.
  • To mitigate legal action, many districts are depending on relationships with parents and strong communication to help subside parent fears and demonstrate that schools are doing the best they can to help special education students. 
  • In the end, navigating COVID and providing for special education students means adapting and changing with a positive attitude. 


    • ]]>     2020-09-28 00:51:45 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782969034     Accommodations, Modifications, and Intervention at a Distance Lee Ann Jung jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782978291
  • COVID 19 has left Special Education teachers and administrators scrambling to answer questions such as: "How do we deliver intervention at a distance?", "How do we provide accommodations and modifications to online work?", "How do I measure progress?", "What about students with severe disabilities?", and "How can we support families?"
  • The struggle isn’t just with the questions, but knowing that families likely don’t have what they need to ensure online learning when many are facing stress and anxiety from losing jobs, not knowing where their next meal is coming from, etc. 
  • Jung makes several suggestions: 
    • Support the family
      • “To support students, we must connect with them and their families to learn more about their resources, priorities, and concerns. So our first task is to reach out to families to build relationships and find out how they're doing as a family”
    • Focus on what learning matters the most
      • Campuses need to form teams including both special education and general education teachers to determine what are the most important curriculum elements to teach. 
      • Including the inclusion or special education teacher in these conversations is paramount since these teachers create the modifications and accommodations to ensure an accessible curriculum
    • Problem solve to make the learning accessible
      • “special educators facilitate this by talking through with students the tasks teachers have assigned and asking questions relative to students' past needs for accommodations or modifications”. 
      • For example, a student may need clarification and visuals to support learning. General education and special education teachers need to work together to create recordings of lessons or online meetings the student can replay for clarification.  
      • Teams also need to remember they may have children without access to internet or computers compounding the difficulties in learning and may have to identify other creative methods. This includes creating plans to fill gaps when students return to campuses 
    • Try a routines-based approach
      • Jung notes in some cases students may be developmentally behind and online learning is not an option. She suggests conducting a routines interview to determine what students do during the day and finding ways that learning can be imbedded into the everyday routine to ensure learning. 
      • For example, when fixing dinner parents can help students learn sorting, grouping, counting, as well as fractions, measurements, etc. 

    • ]]>     2020-09-28 00:57:26 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/782978291     14th Amendment jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783081098 14th amendment of the Constitution (U.S. Const. amend.XIV) provides equal protection and due process of law]]> 2020-09-28 01:58:59 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783081098 Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794). jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783084336
  • protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance
  • Section 504 provides that: “No otherwise qualified individual with a disability in the United States . . . 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 . . .”
  • Section 504 requires school districts provide a “free appropriate public education” (FAPE) to qualified persons with a disability who are within the school district’s jurisdiction, regardless of the nature or severity of the person’s disability.
  • Under FAPE and Section 504 students with disabilities must have curriculums to meet their individual needs to the same extent that the needs of nondisabled students are met. This may include regular or special education courses and services to accommodate the individuals with disabilities.
  • FAPE requires students with disabilities and students without disabilities must be placed in the same setting, to the maximum extent appropriate to the education needs of the students with disabilities.
  • Schools must provide specific related aids and services to ensure an appropriate education setting. 

    • ]]>     2020-09-28 02:01:04 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783084336     jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783087856 2020-09-28 02:03:21 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783087856 Americans with Disability Acts of 1990 42 U.S.C. § 12131 et seq. jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783089181
  • IDEA defines person with a disability as “any person who: (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.”

    • Part B of IDEA requires that a free appropriate public education (FAPE) be made available to eligible children with disabilities, To be eligible, a child must be evaluated as having one or more of the disabilities listed in IDEA and determined to be in need of special education and related services. 


    ]]>     2020-09-28 02:04:14 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783089181     Eley v. District of Columbia, 63 IDELR 165 (D.D.C. 2014) jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783116901 The ruling argued, “Clearly, 
    shifting from what is essentially a completely individualized instructional setting separate 
    from other students to a more traditional school setting does constitute a change in 
    the plaintiff’s ‘then current educational placement.”

    This is significant when considering FAPE and services for students. When a student moves from face-to-face learning to online learning, the district has to determine plans to provide services even if the student isn't at school. 

    In light of this case, schools are urged to create contengency plans for 504 and SPED students. This plan B allows for consistency of services despite location of students.
    ]]>     2020-09-28 02:21:25 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783116901     Adaptations for Special Populations, Commissioner's Rules Concerning Special Education Services (19 TAC 89 (AA)) jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783139272 The Texas Administrative Code outlines provisions of special education programs in the state of Texas. 
    The Administrative law provides expectations for: 
    • Full and Individual Evaluation
    • Age Ranges
    • Eligibility Criteria
    • Parental Rights and Responsibilities

    • ARD committees
    • and more
    ]]>     2020-09-28 02:35:02 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783139272     Community ISD Board Policy jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783150961 The Community ISD Board policy provides advisement of how the district will apply the state and federal guidelines regarding special education. 
    Sections of the policy include, but are not limited to defining: 
    least restrictive environment, discipline, and instructional arrangement and setting. 
    These policies guide decisions of  personnel who work with special education students. 

    ]]>     2020-09-28 02:42:46 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783150961     Texas Educator Code of Ethics (19 TAC §247.2) jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783165086   (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.
        (D) 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.

    These two standards require Texas educators to follow federal, state, and local laws and policies in regards to providing education for students. The specificity of Standard 3.4 connects directly to Special Education students by not allowing denial or exclusion of students based on disability. This requires teachers to treat all students with equality.
    ]]>     2020-09-28 02:52:28 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783165086     Educating All Learners Resource Library jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783183567 Educating All Learners Alliance (EALA) gathered experts in the field of teaching special education students and reviewed websites and resources to determine if materials were effective evidence based strategies to add to a resource library dedicated to equity for complex learners. EALA focuses on assisting educators in making sure special education students are not placed on the back burner during Covid 19, by creating a free one-stop shop resource.  All educators are welcome to join the site and receive daily email updates or just visit the site for resources as many special education students are in regular education classes and need nontraditional methods of learning.]]> 2020-09-28 03:05:19 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783183567 jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783188670
  • Consistent and accurate communication 
  • Contingency plans in place built into the IEP specifically for distance learning
  • Embed in routines for a daily or weekly schedule
  • Include in everyday life activities into lessons (example counting pieces of laundry while washing clothes.
  • Include the family into the students virtual learning experiences. Include family goals, family activities into the educational lessons.
  • Discuss successes, challenges and question answer sessions into the daily/ weekly check-ins
  • Use video modeling and language tools 
  • Use pictures, graphic organizers, word banks and templates 

    • ]]>     2020-09-28 03:08:58 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783188670     jfox216 https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783190101 19 TAC §247.2 Educator's Code of Ethics. (2018). Retrieved from 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

    29 USC 794: Nondiscrimination under Federal grants and programs. (2020). Retrieved September 28, 2020, from https://uscode.house.gov/view.xhtml?req=Rehabilitation+Act+of+1973

    42 USC 12101. (2020). Retrieved September 28, 2020, from https://uscode.house.gov/view.xhtml?hl=false

    Chapter 89. Adaptations for Special Populations Subchapter AA. Commissioner's Rules Concerning Special Education Services. (1996). Retrieved September 28, 2020, from http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html

    Free Appropriate Public Education under Section 504. (2010, August). Retrieved September 28, 2020, from https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

    Jung, L. (2020). Accommodations, Modifications, and Intervention at a Distance. Educational Leadership, 77, 16-21. Retrieved from http://www.ascd.org/publications/educational-leadership/summer20/vol77/num10/Accommodations,-Modifications,-and-Intervention-at-a-Distance.aspx

    Long, M. (2020, July 20). EHBA(H)-Policy Legal. Retrieved September 28, 2020, from https://pol.tasb.org/Policy/Download/318?filename=EHBA%28LEGAL%29.html

    Mitchell, C. (2020). Students in Special Education, English-Learners May Go Back to Class First. Here's Why. Education Week, 40(1), 14-14. Retrieved from https://www.edweek.org/ew/articles/2020/08/07/students-in-special-education-english-learners-may-go.html

    Welcome to the Resource Library. (2020, September 08). Retrieved September 28, 2020, from https://eala.wpengine.com/resource-library/
    ]]>     2020-09-28 03:10:03 UTC https://padlet.com/jfox216/7a5onqyf4iu4xved/wish/783190101