An area emerging issue related to neglect of special education diagnosis to students is the increase of lawsuits against schools who miss observable signs and repudiate testing services. Research and news media articles communicate the recent increase in due process cases of unsatisfied parents who do not feel their child has been serviced as they should be (John Cardinal O’Connor School, n.d.). As future school counselors it is important to respect the law and encourage special education testing and identification services for students who demonstrate the characteristics of need. If this issue intensifies and a consistent pattern arises on the lack of identifying and servicing students, school counselors and educators may run the risk of losing their certification.

 

Citation:

John Cardinal O’Connor School. (n.d.). Why is early detection of a learning disability important? Retrieved from https://johncardinaloconnorschool.org/why-is-early-detection-of-a-learning-disability-important

Citation: National Association of Special Education Teachers. (n.d.). Evaluation and eligibility of children with suspected disabilities. Retrieved from https://www.naset.org/index.php?id=4906

The National Association of Special Education Teachers (NASET) provides school counselors and classroom teachers with a detailed lecture/workshop series on the specific steps and procedures to follow in order to ensure that a child with suspected disabilities is tested for special education. The guide also provides detailed explanation for school members to comprehend the reasoning behind the special education process of evaluation and determining eligibility. 

Kelsey, A. (2018, January 11). Texas schools failed to identify special education students: Department of Education. Retrieved from https://abcnews.go.com/US/texas-schools-failed-identify-special-education-students-department/story?id=52285774

Citation: Harper, A. (2017, November 29). Special ed practices vary greatly from state to state, report reveals. Retrieved from https://www.educationdive.com/news/special-ed-practices-vary-greatly-from-state-to-state-report-reveals/511836/

Brief Summary: 

The most recent authorization of the IDEA was passed in 2004. It clarified and defined what No Child Left Behind’s term of “highly qualified” meant for special education teachers. The most significant improvement in 2004 was that IDEA established procedural safeguards to protect the rights of parents and children with disabilities. The act also provided various mechanisms to resolve differences between parents and school districts (20 U.S.C. § 1400 (2004)).

Link: https://sites.ed.gov/idea/about-idea/

Brief Summary:
The Equal Protection Clause in the 14^th Amendment explains that a state “may not deny to any person within its jurisdiction the equal protection of the laws.” This statement therefore determines that no matter what academic, social, or behavioral issues a child may have they are entitled to have equal access to adequate testing and receive proper services if required (U.S. Const. amend. XIV, § 1).

 

Link:
https://constitutionus.com/

Brief Summary:
The Education for All Handicapped Children Act was reauthorized and renamed as the Individuals with Disabilities Education Act. The term “child-find” is utilized to describe the legal duty imposed by the IDEA Act of 2004 for educators (public school districts) to “find” students who may have a disability and may require special education services. Schools should do not wait until parents request for their children to be tested. On the contrary, educators must be on the lookout for students who may be demonstrating the need of additional support (20 U.S.C. § 1412(a)(3) and 34 C.F.R. § 300.111).

 

Link: https://sites.ed.gov/idea/regs/b/b/300.111

Brief Summary:
Parents of a child with an ADHD diagnosis and who had received accommodations for twelve years realized their child’s performance in school continued to be substandard. Consequently, the parents requested a due process hearing from TEA. They believed that the school failed to evaluate their child, R.R., for special education services in a timely manner, did not provide the IDEA procedural safeguards to their child or a written referral denying parent’s request to test, and violated the Child-Find guidelines of IDEA. The district court ruled in favor of the parents (El Paso v. R.R., 2008).

 

Link: https://casetext.com/case/el-paso-independent-school-district-v-richard

Brief Summary:
The Pharr-San Juan-Alamo Independent School District is determined to provide necessary services and support to ensure the delivery of equal access to educational opportunities for all. The district’s local policy states, “If the district has a reason to believe that a student has a disability that may require additional services and supports in order for the student to receive an appropriate education as this term is defined by law, Section 504 and/or the Individuals with Disabilities Education Act (IDEA) shall govern the evaluation, services, and supports provided by the District” (Pharr-San Juan-Alamo Independent School District, 2016). 

 

A school counselor is working diligently to push forward the testing and identification of a student who has been enrolled in the Response to Intervention (RTI) program since they were in the first grade. The child has been in the RTI program for 3 years and has made no progress. The school counselor does not understand why any of his teachers have not proceeded to have him tested for special education services. He has not demonstrated growth. The school counselor discusses the situation with the student’s current teacher, and she seems hesitant (mostly because she dreads the paperwork process). She asks the counselor to wait until he enters fourth grade so that the next teacher deals with the paperwork process. This is unethical and likely to happen because the process for requesting special education testing and identification in your school district is tedious. 

Connection to the topic & solution to possible ethical dilemma: As a school counselor, you must communicate to the classroom teacher that it is her duty to provide every single student in her classroom an equal, adequate, and free public education. She must commit to beginning the process for testing for the academic, social, and emotional well-being of the student.  

Citation: 

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

 

Citation: Council for Exceptional Children. (n.d.). Special and Gifted Education topics. Retrieved from https://www.cec.sped.org/Special-Ed-Topics

 

The Council for Exceptional Children (CEC) is the largest international professional organization dedicated to improving educational outcomes for individuals with exceptionalities, students with disabilities, and/or the gifted. The website offers a wide range of comprehensive resources for special educators and anyone who works with children or teens that have disabilities. 

 

Special Education Guide. (n.d.). The special education process explained. Retrieved from https://www.specialeducationguide.com/pre-k-12/what-is-special-education/the-special-education-process-explained/