Special Education Students: Legal & Ethical Principles Guide by Lindsay Nickell https://padlet.com/lnickell1/cnpxesefh4rgjbx8 A Counselors Guide to Assisting Families of Students Who Qualify for Services-EDG 6305-DS2 Lindsay Nickell en-us 2020-10-07 00:26:08 UTC 2020-11-21 13:45:29 UTC hello@padlet.com Slide 1-My Professional Perspective lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808728941 I chose special education students because after reviewing a needs assessment conducted by our counselor, it was determined general education teachers would benefit from basic knowledge on special education, the IDEA law, and the benefits available to students under the IDEA law. 50% of the students in the district qualify as special education as well as being economically disadvantaged and a student's support system that includes teachers, administrators, and community members can all contribute to the needs of the students classified as having a learning disability. As a Special Education teacher, I have access to readily available community resources that I can share with the learning community.]]> 2020-10-07 00:33:55 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808728941 Slide 2-Interview of Keri Heskett, LPC, School Counselor, for Covington High School (1A School). lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808729870 1. The legal guide is extremely important because typically student's personal information is not shared unless there is an academic need to know. This guide will assist all members of of the student's academic teams with an educational need to know, without disclosing confidential information of the students. Learning when and what to share is in the best interested of all individuals helping intervene in the basic needs of each student. According to Mrs. Heskett, there are regularly monitored compliance issues and court cases related to this issue. Under FERPA, 34 C.F.R. 99, the school will only release records under the following conditions:

School officials with legitimate educational interest
Other schools to which a student is transferring
Specified officials for audit or evaluation purposes
Appropriate parties in connection with financial aid to a student
Organizations conducting certain studies for or on behalf of the school
Accrediting organizations
To comply with a judicial order or lawfully issued subpoena
Appropriate officials in cases of health and safety emergencies
State and local authorities, within a juvenile justice system, pursuant to specific State law

Mrs. Heskett stated, "This does cause concerns when students come to me requesting records for colleges they have applied to or family members call on the phone requesting records because they have transferred to a school outside of our district. I cannot just give records to anyone." It is especially difficult when considering a student with a learning disability. Mrs. Heksett doesn't only have to consider their grades and GPA but any additional information that could be shared from the student's files. Many students are classified as having an other health impairment (OHI), which discloses the idea they have ADHD or a medical concern. "In this case, we must protect the rights of the students."

2. Autonomy, Beneficence, Non-maleficence are three best practices Mrs. Heskett models her practice on. "There's a lot to be said for ethics". We must respect their autonomy. Students should be given the right to choose. As far as beneficence, we should always act in the best interest of the students. To do that, educators must consider non-maleficence. Non-maleficence means the team of educators acts in a way that doesn't permit harm to students. It doesn't just mean physical harm, but harm to their dignity, esteem, self-perceptions, self-worth, and confidentiality.
3. The school has a lot of special ed students. To make things more difficult, not only are their records confidential, most of them have guardians that are not their biological parents. Sometimes teachers on campus do not even know they are fosters or living with aunts, uncles, or grandparents. Just because the student has a guardian, doesn't mean their guardian is their biological parent. However, if there is not an educational need to know, that information is best left quiet. Due to Covid-19, many students have been sent to live with aunts, uncles, and grandparents.
4. Keri Heskett, High School Counselor, Covington High School. Mrs. Heskett has a Counseling and Professional Development Degree from Texas Women's University. She has worked in the juvenile justice system, educating students in the prison system, been a high school teacher and coach, a high school assistant principal, as well as a an elementary and junior high reading and history teacher.
http://www.covingtonisd.org/page/Counselor

]]> 2020-10-07 00:34:24 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808729870 Slide 3-Professional Association-NASET lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808730794 The National Association of Special Education Teachers is a national organization that provides support and assistance to those preparing for or teaching in the field of special education. It seeks to meet the needs of special education teachers. It assures its teachers stay up to date on current legal and ethical issues affecting the students and teachers.

National Association of Special Education Teachers (www.naset.org)]]> 2020-10-07 00:34:52 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808730794 Slide 4-News Article 1-SPED Students in Rural Areas lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808737541

Special education students in rural areas don't have access to internet.
Individualized Education Programs require extensive services that are not easily transferred to the internet
"Under federal law, roughly 7 million students are eligible for this type of individualized instruction and an array of educational supports and services. Roughly a million of those students live in rural areas and lack of access to the internet is acute in many of these communities, complicating efforts to connect with them during distance learning" (Education Week, 2020)

Education week. (2020).,

Serving Special Needs Students During COVID-19: A Rural Educator's Story. Vol. 39, Issue 33, Page 13.

https://www.edweek.org/ew/articles/2020/05/18/rural-educator-does-double-duty-for-special.html

]]> 2020-10-07 00:38:09 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808737541 Slide 5-News Article 2-Educating Students During a National Emergency lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808738958

Federal educators consider how to meet the needs of special ed students during the shut down.

Individualized education program team remains responsible for ensuring that a free appropriate public education is provided to all children with disabilities.

IEP teams will have to get creative and make reasonable accommodations.

Diament, M.

Ed Department Reminds Schools Of IDEA Obligations During Pandemic. 2020 October 5. https://www.disabilityscoop.com/2020/10/05/ed-department-reminds-schools-of-idea-obligations-during-pandemic/29019/

]]> 2020-10-07 00:38:47 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808738958 Slide 6-Law 1-IDEA lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808739381 Education for all Handicapped Children-Now known as IDEA. Originally passed as P.L. 94-142 guaranteeing a “free, appropriate public education” to all children and young adults aged 3–21 (Now known as IDEA) P.L. 101-476.

Statutory Law
Free and appropriate education to all students who qualify under the law with a disability.
Assists schools in providing supplemental resources for students and families that might not have been accessible prior to the implementation of the law.
Children must meet the criteria through diagnostic testing.

https://sites.ed.gov/idea/

]]> 2020-10-07 00:39:00 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808739381 Slide 7-Law 2-Brown v. Board lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740029 Brown v. Board of Education-Children Deserve and equal quality education-Brown v. Board of Education 347 U.S. 483 (1954)

Judicial Law
Children deserve an equal, quality education
Children cannot be discriminated against to do race, religion, or disability

]]> 2020-10-07 00:39:17 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740029 Slide 8-Law 3 lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740402 19 Tex. Admin. Code § 89.1001

Administrative Law
Education programs, under the direction and control of the Texas Youth Commission, Texas School for the Blind and Visually Impaired, Texas School for the Deaf, and schools within the Texas Department of Criminal Justice shall comply with state and federal law and regulations concerning the delivery of special education and related services to eligible students and shall be monitored by the Texas Education Agency in accordance with the requirements identified
Special education services shall be provided to eligible students in accordance with all applicable federal law and regulations, state statutes, rules of the State Board of Education (SBOE) and commissioner of education, and the State Plan Under Part B of the Individuals with Disabilities Education Act (IDEA).

http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html

]]> 2020-10-07 00:39:27 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740402 Slide 9-Law 4 lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740808 14th Constitutional Amendment
(U.S. Const. amend. XIV)

Constitutional Law
Provides equal protection and due process of law
Equal Protection Clause requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.

Cornell Law School, 2020. Equal protection. https://www.law.cornell.edu/wex/equal_protection

]]> 2020-10-07 00:39:38 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808740808 Slide 10-Local Administrative Policy lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808741858 Page 24 of the Covington ISD Student Handbook

Parents may give a verbal or written request for evaluation if they feel their child is struggling with a learning disability or achievement gap. The school must respond within 15 days and conduct an initial evaluation within 45 days.

http://www.covingtonisd.org/upload/page/0055/docs/Handbk_Student.pdf]]> 2020-10-07 00:40:07 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808741858 Slide 11-Ethical Principle lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808743588 In the ASCA Model, we are to promote the autonomy of students to the extent possible and use the most appropriate and least intrusive method to breach confidentiality, if such action is warranted (ASCA, A.2.g (2020). When it student starts to struggle, often the general education teachers make it a known issue and that can violate privacy laws. It's in the best interest of the student to promote autonomy of the student.
https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2020-10-07 00:40:58 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808743588 Slide 12-Personal Connection to the Legal and Ethical Principles lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808744079 Understanding the legal guidelines for special education helps the teacher form the instructional limits under the IDEA criteria. FERPA violations are a serious offense and those without an educational need to know, should not be disclosed with information related to a student. Always remember the reason for these laws and use them to the advantage of the special education students. ]]> 2020-10-07 00:41:12 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808744079 Slide 13-Recommendations lnickell1 https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808745335

Consider the privacy of your student.

Consider how you represent your district.

Be aware of the FERPA guidelines. When looking in a students file, there are sometimes many contacts. Make sure you know who has the educational need to know before sending information home with a student or reaching out to one of those contacts.

Consider what's best for the student.

Consider what ethics mean and how they apply to what you do every day. Think about how they would apply to you on a personal level and how your life would be different without them. Your students deserve treatment under rational ethical practices.

For new special education students, be prepared to offer beneficial resources explaining the benefits to the students.

Stay updated on laws. The frequently change and amendments are added.

If you see a student is not receiving a benefit they are owed under IDEA, act on it. It is the duty of the special education teacher to advocate for their students.

U.S. Department of Education (2020). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

]]> 2020-10-07 00:41:49 UTC https://padlet.com/lnickell1/cnpxesefh4rgjbx8/wish/808745335