Legal and Ethical Guide by Kristin Howard https://padlet.com/khoward46/ftmghl7zcfkf Special Education en-us 2019-07-10 13:45:56 UTC 2023-06-22 05:34:14 UTC hello@padlet.com Slide #1 My Professional Perspective khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370754645 My current professional mindset is as a teacher with the Wichita Falls Independent School District (WFISD).  I teach fifth grade math at Jefferson Elementary.  I received my bachelors from Midwestern State University (MSU) in 2005.  I have been an educator for the last 13 years.  I decided to return to school to receive my masters in Guidance and Counseling.  I enrolled at Angelo State University (ASU) in June 2018 and will graduate at the end of July 2019.  I plan to seek a counseling job after this next school year. This Legal Guide Padlet is a resource guide for educators and other staff members to assist with the understanding of special education.  I chose this topic because not only is the number of students in the special education program increasing, so are the requirements from the teachers servicing the special education population.   ]]> 2019-07-10 14:08:13 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370754645 Slide #2 Interview khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370759878 I interview Erica Adkins, the current principal of Jefferson Elementary in Wichita Falls, Texas.  Erica is the administrator responsible for special education services and meetings 

How is a decision made about a child’s eligibility for special education?  

The diagnostician performs a Formal Individual Evaluation (FIE).  Once the FIE is complete, the diagnostician and school psychologist review the evaluation results, however, this is just to give feedback and suggestions.  It is up to the ARD Committee (campus administrator, special education teachers, general education teachers, support services, parents, and sometimes student) to make this decision.  

What happens if a child is not eligible for special education services?  

If a child does not qualify for special education services, the student can utilize Response to Intervention (RTI) services for assistance.  If the child has a specific disability, he or she may be eligible for a 504 plan.  A 504 plan is for students who suffer from some form of disability which provides a list of accommodations to ensure academic success.  

Once a child qualifies for special education, an Individualized Education Plan (IEP) is implemented.  What is an IEP?  

An IEP is in Individualized Education Plan.  It has information on how the student is currently performing and goals for the student to work on for the upcoming year.  It also provides the least restrictive environment, which states the education placement of the student.  It addresses standardized tests and accommodations that the student has at their disposal.  It is prepared so that if the student moves to another district, the next district will have a clear picture of the student.  It is also beneficial for staff that is currently working with the student as a reference. 

What are the legal obligations from the school in regards to special education students?

Once a child has qualified for special education services, the IEP is created, and the ARD committee agrees on the goals set for the specific individual, all educators must abide by the child’s IEP.  By law, the accommodations must be provided to the student, as well as the number of weekly minutes are being met.  

(Erica Adkins, personal communication, July 8, 2019) 

]]> 2019-07-10 14:56:52 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370759878 Slide #3 Professional Association khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370762135 The Texas Education Agency (TEA) website provides a wide array of rules and regulations to help educators, parents, and other stakeholders in regards to special education services.  These federal regulations include the Individuals with Disabilities Education Act (IDEA) and the Texas Education Code (TEC).  Additionally, the website provides information for the Texas Administrative Code (TAC), which is the Commissioner's and State Board of Education (SBOE) Rules. 

TEA Website Link
https://tea.texas.gov/Academics/Special_Student_Populations/Special_Education/Programs_and_Services/Special_Education_Rules_and_Regulations/

Special Education Rules and Regulations Framework Guide
http://framework.esc18.net/Documents/Side_by_Side.pdf

References
Texas Education Agency. (2007-2019). Retrieved from https://tea.texas.gov/

Texas Education Agency. (2017, December). Special Education Rules and Regulations. Retrieved from http://framework.esc18.net/Documents/Side_by_Side.pdf

]]> 2019-07-10 15:19:45 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370762135 Slide #4 Current News Article khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370762953 This article discusses how the demographics and socioeconomics of a school plays a crucial role in the number of children in the special education program.   The special education population is often represented with an array of colored students from different ethnic backgrounds.  The article also discusses that not only has race played a role in special education, so has the demographics of the school and the type of clientele that attend the school.  If a child attends a high performing school but is a slower learning, he or she is more inclined to qualifying for special education services.  If that same child would have attended a low performing school, their disabilities may not have been as noticeable.  Furthermore, schools that have a smaller number of children in each class tend to be able to identify students with disabilities more frequently than schools that have a higher teacher to student ratio.  

Reference
Jacobson, Linda. (2019, May 31). Education Dive. Study: school socioeconomics affect special education placement. Retrieved from https://www.educationdive.com/news/study-school-socioeconomics-affect-special-education-placement/555800/

]]> 2019-07-10 15:30:01 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370762953 Slide #5 Current News Article khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766144 This article discusses the need for digital games to help the visually impaired students effectively learn.  Students with the disability of being visually impaired often have a difficult time with learning specific materials especially information provided in graphs.  Graphs can be a visual tool that helps students learn information by just glancing at them.  Visually impaired students cannot learn from graphs, but can gain a wealth of knowledge from digital games that are specifically created for students who suffer from vision issues.  The use of electronic games for visually impaired students can improve their spatial concepts, auditory perception, sonification, and ear/hand coordination.  Another advantage for educators to combine the traditional tactile version with digital games is that the students tend to understand the spatial components of the digital games.     

Reference
Brauner, Diane. (2019, March 5). Education Dive. Teachers harness the power of electronic games to teach the visually impaired. Retrieved https://www.educationdive.com/news/teachers-harness-the-power-of-electronic-games-to-teach-the-visually-impair/548862/
]]> 2019-07-10 16:06:04 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766144 Slide #6 Judicial Law khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766738 Diana v. State Board of Education, CA 70 RFT (N.D. Cal. 1970), helped fix the misclassification of students in special education.  IQ test can no longer be the sole measure of assessment for placement into the special education program.  This particular lawsuit challenged the use of the IQ test placing children into educable mentally retarded (EMR) classrooms.  https://sites.google.com/site/schoolpsychquickreference/legal-briefs/diana-v-ca-state-board-of-education]]> 2019-07-10 16:12:57 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766738 Slide #7 Statutory Law khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766747 The Individuals with Disabilities Act (20 U.S.C. § 1400) ensures that students with a disability are provided with a Free Appropriate Public Education (FAPE).  The act added traumatic brain injury and autism as new categories of disabilities, as well as implemented a transition element for students age 16 or older.  The overall goal of this act was to provide the same education to students who suffer from a disability as those students who do not have a disability. https://sites.ed.gov/idea/]]> 2019-07-10 16:13:02 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766747 Slide #8 Constitutional Law khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766755 The 14th Amendment creates the foundation for educational equity. "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. Amend. XIV).  The 14th Amendment protects people with disabilities to be able to attend a public school and receive the same services as the general education students.   https://www.crf-usa.org/bill-of-rights-in-action/bria-7-4-c-education-and-the-14th-amendment]]> 2019-07-10 16:13:09 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766755 Slide #9 Administrative Law khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766765 The Admission, Review, and Dismissal (ARD) Committee: Each school district must establish an ARD committee for every eligible student with a disability.  The ARD committee is the individualized education program (IEP) team.  The school district is responsible for all functions for which the IEP team and ARD committee are responsible under federal law and regulations and state law (19 Chapter 89 T.A.C. § 89.1050).  http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#division2]]> 2019-07-10 16:13:14 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766765 Slide #10 Local Policy khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766776 The Wichita Falls Independent School District has a policy that states:

“In special programs, such as special education, bilingual education, or English as a second language, a lower ratio may be maintained and more money may be spent per individual campus as necessary to fulfill other legal requirements. These costs shall be excluded from the comparability of services calculations” WFISD Board of Trustees (Wichita Falls ISD 243905). 

This policy requires the district to have a smaller ratio of teacher to student in special programs such as special education.  This allows teachers more one-on-one time with students who need additional help.  This also allows students to be able to work on skills and objectives that are targeted to their IEP and help close the academic gaps.  

Wichita Falls Board of Trustees. (n.d.). Wichita Falls Independent School District. https://pol.tasb.org/Policy/Download/1228?filename=EHBD(LOCAL).pdf
]]> 2019-07-10 16:13:22 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766776 Slide #11 Ethical Principle khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766784 The American School Counselor Association (ASCA) Ethical Standard A.10.g states that counselors should “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” (ASCA, 2016).  As I move into a counseling role at the secondary level, I will be an advocate for the students with disabilities when it comes to post secondary opportunities or career choices.  Students with learning disabilities can still attend college but might need to transition from high school to a community college first.  Additionally, the counselor can provide career opportunities for students with disabilities who do not plan to attend college.  It is important for secondary counselors to recognize the student’s strengths and weaknesses and help each student find where they fit into society.    

Reference
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
]]> 2019-07-10 16:13:28 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766784 Slide #12 Non-Law Source khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766795 Meeting the Challenge: Special Education Tools that Work for All Students is a book for educators that provides strategies to help students that are struggling academically or having behavior issues.  This book does not only provide useful tools but also sample checklists, rubrics, conference planning sheets, and other resources that are beneficial for teachers.  Every student learns different, but educators must continue to enlarge their toolbox with a variety of strategies to help every child become successful.  This book is a great resource to fall back on when trying to find new strategies that can provide academic assistance to children in the special education program.  

Reference
Ralabate, Patti. (2002, June 1). Meeting the Challenge: Special Education Tools that Work for All Students.

https://www.amazon.com/Meeting-Challenge-Special-Education-Tools/dp/0810620227

]]> 2019-07-10 16:13:35 UTC https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766795 Slide #13 What I learned about Special Education? khoward46 https://padlet.com/khoward46/ftmghl7zcfkf/wish/370766803
  • In 1964 the Association for Children with Learning Disabilities, now the Learning Disabilities Association of America was formed.  Currently, almost one-half of students enrolled in public schools who receive special education services have been identified as having a learning disability (Learning Disabilities Association of America, 2019).  

    • In 1970, the Diana v. State Board of Education, CA 70 RFT (N.D. Cal. 1970), helped fix the misclassification of students in special education.  IQ test can no longer be the sole measure of assessment for placement into the special education program.  Instead a Formal Individual Evaluation (FIE) must be completed on each child.  

    • To determine if a child is eligible for special education services, the diagnostician and school psychologist will review the FIE results and provide feedback and suggestions.  It is up to the ARD Committee (campus administrator, special education teachers, general education teachers, support services, parents, and sometimes student) to make the final decision. 

    • The Education for All Handicapped Children Act (EAHCA) or Public Law (PL) 94-142 provided federal funding to education for students with disabilities.  This act required schools to develop an Individualized Education Plan (IEP). 

    • If a child qualifies for special education services, an Individual Education Plan (IEP) is implemented.  The IEP provides a list of accommodations and goals for the student.  It also has the least restrictive environment, which states the education placement of the student.  It addresses standardized tests and accommodations that the student has at their disposal. 

    • If a child does not qualify for special education services, the student can receive Response to Intervention (RTI) or can have a 504 plan based on their disability. 

    • In 1990, the Individuals with Disabilities Act (20 U.S.C. § 1400) ensures that students with a disability are provided with a Free Appropriate Public Education (FAPE).  The overall goal of this act was to provide the same education to students who suffer from a disability as those students who do not have a disability.

    • The teacher to student ratio is smaller for special education services so that these students receive more one-on-one instruction to help close the educational gaps.  

    References
    Diana v. Board of Edcuation, CA 70 RFT (N.D. Cal. 1970)
    Education for All Handicapped Children Act, (Public Law 94-142)
    Individuals with Disabilities Act (20 U.S.C. § 1400)
    Learning Disabilities Association of America. (2019). Retrieved from https://ldaamerica.org/about-us/

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