Special Education & the Law by Nancy Livingstone

Resources

tylerandnancy1 — 2024-09-02 00:52:20 UTC

I chose to include the IDEA website under the Department of Education's website since it will guide most of what I do as an educator. Next, I included a video about the history and struggle that has helped bring about laws that protect the rights of people with disabilities. These laws can seem daunting, but looking into the past at those who were involved in the movement help me come to terms with the necessity of them. I have also included a resource on understanding differences between 504 plans & IEPs, as well as a great resource by the National Association of Special Education teachers that provides explanations of the laws and resources for teachers.

Special Education - the 50 Year Fight for the Right to Learn

tylerandnancy1 — 2024-09-02 00:54:23 UTC

tylerandnancy1 — 2024-09-02 01:00:04 UTC

Chapter 1 Discussion Question #1

tylerandnancy1 — 2024-09-02 01:57:04 UTC

What factors and events led to the passage of the original version of the IDEA in 1975? Why did these events influence Congress?

The roots of the movement to provide education to students with special needs began with the civil rights movement, which was rooted in the court case Brown v. Board of Education. Although they were seeking equal treatment for people of color, the rights that were sought were equally applicable to all groups of people who were discriminated against, including children with disabilities. Following the decision, though, children with disabilities continued to be excluded from educational opportunities for many more years. Two more court cases helped clarify the educational landscape for special needs students. Pennsylvania Association for Retarded Children v. Pennsylvania maintained that children with disabilities could not be excluded from educational settings without due process. It also asserted that these children were to receive training that was "appropriate to their capacities" (Osborne & Russo, 2021, p. 7). The last decision, Mills v. Board of Education of the District of Columbia, added the requirement that all public schools had to provide programs equitably to special needs students, and could not deny them because of lack of funds. This case was especially influential because it took place in Washington DC, which is seen as the root of justice in the United States. These court decisions moved Congress to clarify these rights first through Section 504 of the Rehabilitation Act in 1973, then the IDEA in 1975.

Osborne A., Russo, C. (2021). Special Education & the Law: A Guide for Practitioners. Corwin Press Inc.

tylerandnancy1 — 2024-09-02 01:59:34 UTC

Journal Entry #1

tylerandnancy1 — 2024-09-02 02:41:33 UTC

I looked back on my transcripts to the last time I took a special education law class, and found that it was my lowest grade. My lack of enthusiasm shows, I used to think that law, in general, was drudgery. I didn't take time to internalize the reasons for the legislation (which for me comes when I hear the experiences of this marginalized population). Consequently, I had a hard time wrapping my head around not only the value of these regulations. I thought it would keep schools struggling to keep up with the needs of their disabled students. Surely it would simply provide an avenue for schools to be sued by angry parents.

After studying the origins of special education law, I now think that these regulations are important safe guards to protect the rights of a group who(at least during their childhoods) may not be able to advocate for themselves. I appreciate the section of the Brown v. Board of Education decision that asserts that it is doubtful we could expect children to succeed in life without education opportunities. Of course! Groups that are denied equal rights certainly will not have equal opportunities. Our country was founded on freedom and pursuit of these ideals. Perhaps these protections are not perfect, but it is imperative that we strive to protect rights of all people. Changing my mindset has helped grow my understanding of the value of the law.

Resources - FAPE

tylerandnancy1 — 2024-09-09 02:33:40 UTC

FAPE explained - all in one place. This PDF clearly defines what the responsibilities of schools are, relating to providing FAPEs to students. It also lays out what schools are not required to do, which I think is equally helpful.

LRE

tylerandnancy1 — 2024-09-09 02:35:42 UTC

I included this resource because it explains all the placements that are possible in special education, depending on the needs of a student. It also includes a table the gives examples of how services & supports can be delivered. Last, it gives sample scenarios that illustrate successful placement.

Evaluation Timelines

tylerandnancy1 — 2024-09-09 02:38:39 UTC

This resource provides a simple, step by step process that can walk educators through the process of evaluating a child after they are referred to special education. I have resources to help me know how to work through this process according to our district policy. However, basic guidelines can be useful to all educators.

Eligibility

tylerandnancy1 — 2024-09-09 02:46:10 UTC

IDEA categories of disability. I chose this resource because it is a succinct explanation of what types of disabilities can qualify for special education services. I like it because it lacks a lot of acronyms and legal-eze and can be understood by parents and educators alike.

Chapter 2 - Discussion Question 3

tylerandnancy1 — 2024-09-09 03:42:15 UTC

Educators should not ignore indications that children may have disabilities. When a disability is suspected, it is common practice to implement strategies to see if they can remedy the child's struggles. However, when it becomes clear the interventions are not effective, there should not be a delay in proceeding with the qualification process. Although there is not a set time when children must be evaluated, schools should be able to show that they are taking proactive steps toward qualification. There are certain situations when delays could be dangerous to the child, for example if they present a danger to themselves or others, they should be referred for evaluation as soon as possible.

Journal Entry #2

tylerandnancy1 — 2024-09-09 04:27:37 UTC

I used to think the Least Restrictive Environment was almost always the general education classroom, regardless of how it impacted the learning environment. Now I know that there are actually a lot more options in child placement. When having a child in the gen ed classroom impacts the education of the other children negatively or creates a danger to the teacher or other students, educators can consider an alternate placement for all or part of the day. This piece of information was particularly useful in wrapping my head around what might be a more appropriate placement for a student I work with. This student would likely make more behavioral progress if he was able to work with someone one on one for the majority of the day, and was only present in the gen ed classroom for shorter periods of time when he could socialize with his peers and participate in short activities.

Assistive Technology

tylerandnancy1 — 2024-09-22 15:30:40 UTC

1.During my research of assistive technology (AT), I was impressed by the importance of finding the technology that works to overcome the effects of a disability. These struggles cannot be cured, and will not go away, but finding the correct technology can help people be successful in current and academic pursuits.

2.Technological advances have created possiblities not only for people with disabilities, but have also become useful tools for society at large. I listened to a podcast in which a man with ALS recorded his own voice before he was unable to speak, and through AI, created a system to speak with his own voice through a computer program. This is a fascinating and welcome advance for many. Still, for many, the best AT is decidedly low tech, especially for those with dyslexia. I am curious to see what advancements are made on that front to allow this population to thrive in their academics and other pursuits.

3.Learning about AT has opened my eyes as a teacher. Finding the most effective technology for students now, before they are finished with their compulsory education can boost their confidence and success now, but also establish a hunger for knowledge that could carry them into higher education.

Discussion Question #2

tylerandnancy1 — 2024-09-22 15:47:07 UTC

Technology has made some great leaps in recent years, and students have noticed. To be sure that AT does not circumvent the learning process, I think educators should start with the simplest low-tech solutions first. The first reason is that using any new tool is going to have a learning curve. If it seems too difficult, the student may be reluctant to use it consistently. Generally, the simpler the device, the easier it is to implement. Data must be gathered to determine the effectiveness of the solution as well, so delays in fully utilizing a tool can squander time. Last, the AT should meet the student's needs, but not exceed them. If a child needs support with basic multiplication and division, a simple calculator would do the trick. Giving them a graphing calculator (or Photomath) may tempt them to lean on the abilities of the technology and therefore not develop academic knowledge and skills they need to be successful. The purpose of AT is not to give students the right answers, it is to allow them to access the curriculum and work more independently to assimilate the information.

Parent & Student Rights

tylerandnancy1 — 2024-09-26 03:27:32 UTC

1.Chapter 4 clarified the transfer of rights to the child when they turn eighteen. I actually had this topic on my mind because I have a student who is already eighteen. Although I have found it much easier to obtain signatures for testing consent, I felt like this student's mother should be invited to the meeting. From this chapter I learned that parents are still entitled to receive notice of proceedings regarding their child's education even after the other rights are transferred to the child. Of course, this does not apply when a child is unable to make custodial decisions for themselves.

2.I actually just gave a copy of parent & student rights to a parent this afternoon. As she pushed it back across the table because she said she had received many copies, I wondered if she had ever read entirely through it. I had explained that her rights were basically to participate to the extent she wished in educational decisions for her child, but of course there is not time to outline the entire 24 pages. I would like to hear how other educators handle that interaction. On another note, one thing I do like about the copy that was shared with us, is that you can use the skip to the topic you are interested in, rather than sifting through the entire document. I saved the file to share digitally with parents.

3.This information will help me become a better special education teacher by informing me of these rights so I can also be an advocate for parents and students. Some would like to say that these laws do nothing but provide an opportunity for schools to be litigated against. But, the truth is that they protect the rights of the vulnerable who, at one time, were kept from a fulfilling and rich education. Through a proper placement and services, these individuals can be part of engaging experiences that can improve their lives and prepare them for the future.

Question #3

tylerandnancy1 — 2024-09-26 04:03:42 UTC

The Family Educational Rights and Privacy Act (FERPA) has two main purposes. The first is to provide educational records access to parents and children over eighteen, within 45 days. The second is to provide privacy to the student by limiting access to others. This legislation pertains to all students, but is especially crucial as it relates to special education students. Creation of IEPs require gathering many different records. Psychological & educational testing results and medical records are just a few of the pieces of data needed to develop these educational plans. Needless to say, this information should not be released to anyone outside of the concerned parties. A court case in Connecticut found that a school had violated the rights of a student by releasing the name of a special education student to the newspaper. They noted that "the IDEA restricts the release of information about students with disabilities without parental permission" (Osborne & Russo, 2021, pg 66). School officials must obtain parental consent before releasing any identifying information relating to a student. Schools should further protect student information within their organization by restricting access to student records from personnel who are not directly involved in the education of the student. Records must be protected in locked cabinets when not in use, until such time as the child is no longer in need of services. After parents and students are notified, the records should be destroyed.

Osborne A., Russo, C. (2021). Special Education & the Law: A Guide for Practitioners. Corwin Press Inc.

Discussion Question #4

tylerandnancy1 — 2024-10-19 17:31:47 UTC

The IDEA mandates that an IEP be written specifically for each student, according to his/her strengths and weaknesses. To have a complete understanding of a student, it is required that an IEP team be composed of “a wide variety of people” (Osborne & Russo, 2021, pg 78). There is some latitude in the statute which allows parents invite others to the meetings. Schools may also invite personnel who have “knowledge or special expertise regarding the child” (20 U.S.C. 1414 (d)(1)(b)). However, certain team members are required to produce a document that constitutes a multi-disciplinary team that will legally pass muster. At minimum, those in attendance should be: the parents of the child with a disability, not less than one regular education teacher, a special education teacher, a representative from the school who can address available resources, is knowledgeable of the curriculum & specially designed instruction, and a person who can explain evaluation results. If the student requires related services, it is recommended that a representative is invited as appropriate. The students should be invited to attend where appropriate, but their presence is not required. If any required member of the team is unable to attend, the meeting should be rescheduled. An appropriate IEP document cannot be produced without the input of all team members. However, some positions can be filled with appropriate substitutes. In addition, we have many technological tools at our disposal. These are a necessary tool in our rural district, since our school psychologists are centrally located. Any team member may attend virtually or via telephone. In addition, since I work with high school students, there are often additional teachers who want to attend but are busy with other obligations. They are still able to contribute to the discussion by submitting a paragraph explaining their experiences with the student. By using the resources we have available to us and remaining flexible, meetings can move forward to produce appropriate IEPs.

References

Osborne, A.,& Russo, C. (2021). Special Education and The Law: A Guide for Practitioners. Corwin Press.

Question #3

tylerandnancy1 — 2024-10-21 02:22:16 UTC

IDEA regulations regarding behavior problems are designed to protect students who don’t have control over their behavior because of their disability. Because the IDEA aims to provide FAPE to children with disabilities, changes in placement can be affected by punishments such as suspension and expulsion. To remove students from school, administrators must “demonstrate that students were truly dangerous and that removal from their then-current educational placements” (Osborne & Russo, 2021, pg. 96). They further must demonstrate evidence that behaviors are or are not linked to their disabilities and are not because of insufficient implementation of their IEPs. Because the burden of proof lies with educators, documentation is of utmost importance. When removal from a child’s educational placement is necessary, schools must determine whether the behavior is linked to their disability. A correlation between the behavior and the disability has an impact on the provision of services during these removals. Also, when developing IEPs, school staff should be sure to conduct FBAs and develop BIPs when inappropriate behaviors are manifested in students with disabilities. Consequently, when developing IEPs, teams should incorporate these findings in goals that include strategies to mitigate inappropriate conduct. When behaviors arise, schools should be prepared to show that they “did everything possible to mitigate the danger or chance of disruption” (Osborne & Russo, 2021, pg. 111). Hence, in addition to previously mentioned documents, schools should track behaviors as well as the interventions that were implemented. Assembly of all these documents not only ensures children are not punished for behavior they don’t have control over, as well as protecting their rights to FAPE.

References

Osborne, A.,& Russo, C. (2021). Special Education and The Law: A Guide for Practitioners. Corwin Press.

Compass Points

tylerandnancy1 — 2024-10-30 00:08:48 UTC

Excites - What excites you about this proposition or idea? What's the upside?

The existence of the process shows a dedication to protect the rights of students with disabilities.
Those who have disputes must use (mediation? - what is it called) before it proceeds to be heard by a judge.
Guarantees FAPE
Provides an avenue for parents to advocate for their child's needs.
Process is designed to be impartial

Worrisome - What do you find worrisome about this idea or proposition? What's the downside?

Time consuming. Some children age out of the system by the time a decision is made.
Children are left in limbo during the process (in their current placement), which may not be the best placement. This causes a delay in educational progress.
Navigation of the system (including all the time restraints) is complicated.
Getting legal help is expensive
Emotionally taxing
Documentation is necessary to back up decisions made in the education of each child. How do I make sure I have everything documented correctly?

Need to Know - What else do you need to know about this idea or proposition? What additional information would help you evaluate things?

How do I avoid due process issues?
What if parents don't respond to your requests to participate, then don't agree with the IEP? Do I have the necessary documentation?
How can I make parents feel like they are a valuable part of the team?

Stance or suggestion for moving forward - How might you move forward in your evaluation of this idea or proposition?

Due process is an important element of special education because it ensures access to FAPE for children with disabilities. Although the process a valuable safety net, it is in the best interest of families and educators to avoid it by ensuring children receive FAPE in the first place. Creating a plan that is appropriate for a child should always be achieved by including parents as valuable members of the IEP development team. Care should be taken to foster positive relationships by being open and responsive so that they feel they are part of the process. Educators should also be continually gathering data and documenting strategies employed along with evidence of progress or regression, and openly sharing the information. If care is taken in the process, and it is regularly reviewed, the resulting plan will provide the child with FAPE, and due process issues will likely be avoided.

Question #1

tylerandnancy1 — 2024-11-14 05:26:30 UTC

After studying due process, dispute resolution and remedies for failure to provide FAPE, a few things have lingered at the top of my mind. The most important thing to remember is that these safeguards are designed to protect the rights of people with disabilities, not primarily to provide an avenue to sue school districts for reimbursement. Although there are many procedures and safeguards that should be followed, diligently working to follow them will generally allow educators to avoid issues involving failure to provide FAPE. Disputes that escalate to litigation are costly, often monetarily, but sometimes more importantly, they cause irreversible damage to relationships with families (Osborne & Russo, 2021, p. 155). It is imperative that educators remain open and responsive to parent requests and needs. Doing so greatly reduces the likelihood of needing to enter negotiations or litigation. However, when negotiations break down, schools must be prepared to defend their IEPs and placements. Educators must be able to show how the IEPs and placements provided FAPE for the child, and it must be evident that the school followed procedural requirements in their development. They should also be able to show proof that parents were provided with their rights during the process of the evaluation and placement of their child. Although we study case law that demonstrates the willingness of courts to reimburse parents who feel they need to change the placement of their child (because they weren’t able to come to a resolution with the school) in order to receive FAPE, they have also shown that they will side with schools who can show that they followed protocol and proceeded in “good faith” (Osborne & Russo, 2021, p. 156), endeavoring to deliver the services agreed upon in the IEPs.

References

Osborne, A.,& Russo, C. (2021). Special Education and The Law: A Guide for Practitioners. Corwin Press.

Question #1

tylerandnancy1 — 2024-11-18 02:57:29 UTC

Section 504 is a civil rights law that protects individuals with disabilities from discrimination by federally funded entities. The ADA extended these same protections to the private business sector. IDEA was enacted to assure students with disabilities equal access to educational services, specifically. To receive these services, individuals must qualify under one or more of thirteen specific disability categories. Additionally, the IDEA requires that they must need special education and related services to enable them to benefit from their education. In contrast, qualifications to receive services under Section 504 are much less stringent. Rather than specifying disabilities that will qualify a person for these services, “individuals must have impairments substantially limiting one of more of their major life activities, most notably schooling and work” (Osborne & Russo, 2021, p. 159). Learning is specifically included as a major life activity. Further, this legislation asserts that students with disabilities are entitled to educational programs “regardless of the nature or severity of their impairments” (Osborne & Russo, 2021, p. 159). Because the reach of Section 504 is much broader than IDEA, students who qualify for these services also qualify for 504 protections. Students with disabilities (not qualifying for services under the IDEA) still qualify for protections under Section 504 because they may still prevent them from accessing the general education curriculum and other school activities and services. Therefore, it is appropriate for these students to seek accommodations to allow them equal access to education as their peers.

References

Osborne, A.,& Russo, C. (2021). Special Education and The Law: A Guide for Practitioners. Corwin Press.

Journal - I Used to Think, Now I Think

tylerandnancy1 — 2024-11-18 03:00:12 UTC

I used to think that remedies for failure to provide a free appropriate public education were limited to tuition reimbursement. Further, I thought there were few limitations to what families could ask for when seeking this remedy. I worried that there was little protection for schools to avoid paying for programs that parents claimed their children needed, that may be much more expensive than the services they were providing. I also was operating under the assumption that parents didn’t have a burden of proof associated with a placement change. This seemed like a vehicle for parents to receive a higher quality education at will on the dime of the school district, regardless of whether they were already in a suitable placement to receive necessary special education services.

I now know that the scope of remedies provided for failure to provide FAPE include all services that would be due a child who qualified for special education services. These include reimbursement for tuition costs, compensatory educational services and attorney fees. After studying the court cases though, my fears about parents using the system to pay for more expensive educational services seem unfounded. The IDEA provides built in safeguards, namely the requirements for documentation and justification of placements (as well as doing everything possible to include parents in the planning) that allow schools to gather evidence that can serve as proof that placements were agreed upon and appropriate for each child. These cases are generally brought by parents who are frustrated by schools that are unresponsive and grossly negligent in the educational planning and placement of children with disabilities. Further, the provision for exhausting administrative remedies undoubtedly provides a resolution to most complaints. Providing schools are diligent in following protocol to develop IEPs and placements that are guided by evidence, and the decision of a complete team (including the parents), as well as being responsive to all parent concerns, they have a good chance of proving that they were acting in the best interests of the student, and were not negligent.

Journal - I Used to Think, Now I Think

tylerandnancy1 — 2024-11-18 03:00:29 UTC

I used to think that Section 504 provided protection of educational rights for students with medical conditions or physical disabilities. I thought that these protections would not include those who qualify for services under the IDEA. It followed that Section 504 was less necessary because if these individual’s impairments weren’t significant enough to qualify under the IDEA, they probably wouldn’t need accommodations to access educational services. Upon reflection, I was thinking strictly about access to the curriculum itself, not the specific ability to physically be in the classroom, or access facilities. I have lived largely in a time when physical barriers have been removed to allow people with disabilities access to services. Thus, it is easy to take for granted the fact that legislation is the reason these barriers have been removed.

I now think that Section 504 (as well as the ADA) is an important law that assures people with any disabilities, or are perceived by others to have a disability, to access services. Section 504 specifically pertains to services offered by the government (i.e. education), and the ADA extends these provisions to the private sector. The umbrella of 504 is much more inclusive than the IDEA since it covers all people regardless of what disability they have or its severity. To qualify for IDEA, the disability must be severe enough to limit access to the general curriculum. For example, Section 504 provides accommodations to deaf students, who may not struggle with grade material itself, but need a sign language interpreter to remove the language barriers. It would also provide accommodations to allow extra time to complete assignments for a student who has a medical condition and may need to miss school for doctor’s appointments or needs to regularly visit the school nurse. This legislation is an important step to assure people of any type of disability are not denied the opportunity to learn.

COMPASS Points

tylerandnancy1 — 2024-11-29 04:36:27 UTC

Excited: I am excited that the book ended with the conflict management chapter. Reading about litigation on every topic discussed in this book was slightly unnerving! However, this discussion gave me hope for successful mediation and an awareness of how mediation is obviously preferrable to litigation. This is not only because of cost, but also because of detrimental effects on relationships.

Worrisome: This chapter validated all my fears related to Special Education law as well as some of the frustrations I feel as a new special education teacher, struggling to keep up with all the demands on my time. I have frequently expressed my worries surrounding avoiding litigation when so many special education teachers are not only inexperienced, but also expected to navigate these laws and procedures with perfection with very limited time. All this should happen while simultaneously delivering quality, individualized special education services.

Need to Know: This is something that was mentioned in this chapter, so I wouldn’t say it’s something I still need to know, but I will need to remember this point. In their section about working with parents, Osborne & Russo gave some sage advice for those who are working with children: “Educators should keep in mind that because, unlike parents, they are temporary in the lives of children they serve, they should work together with parents in the process of designing IEPs that best suit the needs of the students with disabilities” (Osborne & Russo p. 177). In my limited experience, most of the parents I have worked with prefer to defer decisions to me as the educator. I hope to be able to find ways to strengthen relationships with parents and help them feel comfortable enough that they feel like (and are) equal partners in the development of their child’s educational plan.

Stance: In my opinion, there are several keys to successful conflict management. The first is to establish a good relationship from the beginning of the process. Beginning anything in an adversarial way is bound to end poorly. It goes without saying that following all the procedural recommendations should be top of mind. But, if a mistake was made, humility and a willingness to compromise will save precious educational funds as well as relationships.

References

Osborne, A.,& Russo, C. (2021). Special Education and The Law: A Guide for Practitioners. Corwin Press.