Module 7: Legal & Ethical Principles by Nadia Sulaica https://padlet.com/ntorres143/gj8vdg4kq9hueoro A summary of the Parental Rights, legal and ethical principles that surround the Special Education program in Public Schools en-us 2022-03-02 00:05:50 UTC 2026-01-30 21:30:11 UTC hello@padlet.com Slide 1: Professional Perspective ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2072492670 As a future School Administrator it is important that parents, educators, and administrators understand the ethics and legal rights that surround the Special Education Program in Public Schools. As a teacher in a very small district, I was only familiar with the training I received that was mandated by law. I understood how important it was to keep documentation, attend ARDS, follow IEPS and provide the least restrictive environment for my students with special needs. After having the opportunity to interview my current district's Special Education Director regarding a legal issue that arose in our district, I realized that I really did not know how much went in to providing support for our special needs students and their parent, as well as the rights that parents and students have when receiving these supports.]]> 2022-03-02 00:18:54 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2072492670 Slide 2: Interview ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2074396005 In my endeavors to become a school administrator, it is important that I understand the legal and ethical principles that surround our Special Education Program. By law, we are required to follow individualized educational programs for our children with disabilities and be sure to respect parents and students rights within the program. If parents feel that their rights  are being violated or the school is not doing their duty in fulfilling a student's IEP, there can be serious repercussions if the school is found at fault. Because there are so many aspects, laws, and ethics to understand within the Special Education Program, I felt it was in my best interest to interview our District Special Education Director, Mrs. Valerie Dykstra. Mrs. Dykstra has over 20 years of experience within the program and is also married to a Superintendent of schools. When I spoke with Mrs. Dykstra about best practices to ensure the students' needs are being met she shared the following 3 as a starting point. 
1. She is sure to complete routine training for staff that are required by law and additional training as she sees fit. 
2. It is pertinent to inform parents of their rights. This is done every month.
3. She stresses the importance of documentation to prove that teachers and staff are doing right by the student's IEP. This is so important and often the most difficult for her to obtain. If ever there is a case to arise and there is no documentation, this can get a school in hot water. 
An article is linked pertaining to parents feeling that their rights are being violated by the Special Education program in their district. According to Mrs. Dykstra, these are the types of cases that require the most documentation and investigation. "The last thing a small district like ours wants is a lawsuit." Following the appropriate measures, IEPS and providing sufficient documentation is crucial to avoid being the target of unwanted media attention and/or lawsuits. These cases have been known to go all the way to the Supreme court, she shares. 

Interview conducted with Mrs. Valerie Dykstra, Special Education Director, Devine ISD.  

Article: https://sonomasun.com/2022/02/26/school-board-distracted-from-needs-of-special-ed-students-parents-say/]]> 2022-03-02 20:46:46 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2074396005 Slide 3: Professional Association Resource ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2074462681 The Notice of Procedural Safeguards is a booklet that outlines the rights of Students with Disabilities. This resource is given to parents routinely throughout the year, and each time a parent or guardian receives the document, it must be documented. This resource provides the measures that parents can take to file a formal complaint if they feel there is a violation of rights.

TEA. (2021, February). Notice of Procedural Safeguards. Texas Education Agency. https://framework.esc18.net/Documents/Pro_Safeguards_ENG.pdf]]> 2022-03-02 21:44:12 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2074462681 Slide 4: Current News Article HB 1107 ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076348839
  • In Indiana, there is a proposed bill that would prohibit schools from requiring parents of special needs students to sign a Non Disclosure Agreement when settling a Special Education Program Dispute. 
  • Parents feel that NDA's isolate them from other parents and the ability to share their stories to find advice and support from other parents with special needs children. 
  • If the bill passes, it will be the first of its kind. 
  • Schools feel that confidentiality is needed in a settlement. Settlements are common in these cases, as due process litigation is very costly and time consuming for both parents and districts. 

    • Gaines, L. V. (2022, January 27). Parents can be silenced in special education settlements. A proposed bill would change that. WFYI Public Media. https://www.wfyi.org/news/articles/parents-special-education-settlements-legislation
    ]]>     2022-03-03 17:48:09 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076348839     Slide 5: Current News Article-- Military Families need timely Services for Children with Special Needs ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076349015
  • In Ohio, military families are reporting having to wait an average of 23 months for their children to receive special education services after being identified as special needs (Jowers, 2021).
  • The population is unique as the families often move, and some parents even report going without services at some points of their moves (Jowers, 2021).
  • According to IDEA, schools are to provide "timely access to a free and appropriate public education for those with disabilities" (Jowers, 2021). 

    • Jowers, K. (2022, February 3). Lawmakers vow to fix DoD special needs program for military families. Military Times. https://www.militarytimes.com/pay-benefits/2022/02/03/military-kids-face-delays-inequities-in-getting-special-education-services/


    ]]>     2022-03-03 17:48:14 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076349015     6th Slide: Statutory Law-- IDEA ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076646655

    • The United States Congress passed the Education of Handicapped Children act in 1975, which since then has evolved to the Individuals with Disabilities Education act we follow today (Do It, 2021). 
    • The law initially made it federal law that public schools had to provide supports for children with disabilities. This law ensures that children with special needs are "granted a free appropriate public education (FAPE) in the least restrictive environment (LRE) (Do It, 2021). 
    • IDEA today 
      • "Ensures that all children with an identified disability receive special education and related services to address their individual needs. Ensures that children with disabilities be prepared for employment and independent living. Ensures that the rights of children with disabilities and their families are protected under the law. Assesses and ensures the efforts of institutions providing services to persons with disabilities. Provides assistance to states, localities, federal agencies, and educational service agencies in providing for the education of children with disabilities" (Do It, 2021). 

    20 U.S.C. § 1400, et seq
    Statute and Regulations. (2021, December 8). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/statuteregulations/
    What is the Individuals with Disabilities Education Act? | DO-IT. (2021). Do It. https://www.washington.edu/doit/what-individuals-disabilities-education-act#:%7E:text=The%20Individuals%20with%20Disabilities%20Education%20Act%20(IDEA)%20is%20the%20federal,Children%20Act%2C%20passed%20in%201975.





    ]]>     2022-03-03 20:43:44 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076646655     Slide 7: Constitutional Law-- 14 Amendment U.S. Supreme Court ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647023
  • The 14th amendment includes the Equal Protection Clause. This states that a "state may not deny to any person within its jurisdiction the equal protection of laws" (Johnson 2015).
  • After the Brown v. Board of Education case, discrimination in public schools was against the law. Although the law referred to race, it set the stage for equal public education for all. 
  • Any public school receiving federal funding had to provide a fair and equal education for all. 

    • The Constitution of the United States. (2022, January 19). National Archives. https://www.archives.gov/founding-docs/constitution
    Johnson, S. F. (2022, January 11).
    The 14th Amendment Protects the Right to a Public Education. Concord Law School. https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/
    U.S. Const. amend XIV § 1.


    ]]>     2022-03-03 20:43:58 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647023     Slide 8: Administrative Law- TAC Student Eligibility ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647399
  • The Texas Administrative Code follows the many of the rules and regulations of the federal government when it pertains to a fair education for students with disabilities. 
  • Eligibility for services is outlined in the TAC. Some of the qualifications for students to receive special education services are as follows:
    • Students must be between the ages of 3-21. 
    • Students must have a disability. 
    • Students must receive an evaluation by a licensed professional(TAC § 89.1040). 
  • Some of the eligibility definitions include autism, deaf-blindness, deaf or hard of hearing, emotional disturbance, intellectual disability, multiple disabilities, orthopedic impairment and other health impairments as seen fit (TAC § 89.1040)
  • At any point a parent may refer their child to the Special Education program to receive services, should the child be eligible.

    • Tex. Admin. Code § 89.1040 (2005)
    Texas Administrative Code, Title 19, Part 2 | Texas Education Agency. (2021). TEA. https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/texas-administrative-code-title-19-part-2
    ]]>     2022-03-03 20:44:19 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647399     Slide 9: Judicial Law- ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647617
  • In the case of Forest Grove School District v. T.A., "the Supreme Court held that IDEA authorizes reimbursement for private special-education services' when the school is not providing a free appropriate public education (Oyez, 2008)
  • The school in the case was then ordered to reimburse the family for the financial burden accrued from enrolling the student in a private school to receive the appropriate education for the students needs. 
    • Forest Grove School District v. T.A. 557 U.S. 230 (2009)
    Forest Grove School District v. T.A. (n.d.). Oyez. Retrieved March 4, 2022, from https://www.oyez.org/cases/2008/08-305

    ]]>     2022-03-03 20:44:31 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076647617     Slide 10: Local Policy DHS Handbook ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076662448
  • At Devine High School, a student can be referred into the special education program by a parent. Upon referral, the student will be evaluated. A referral can happen at any time (DHS Student Handbook, 2022). 
  • Once a referral is made to the appropriate person, the school district has 15 school days to respond (DHS Student Handbook, 2022).
  • The referral need not be written. By federal law, a school must also take action if the request is made verbally (DHS Student Handbook, 2022).
  • Parents have rights when it comes to special education, and these need to be followed at all levels.
    • Devine High School. (2021). Devine High School Student Handbook 2021-2022. http://p12cdn4static.sharpschool.com/UserFiles/Servers/Server_436199/File/For%20Parents%20&%20Students/Student%20Code%20of%20Conduct/2021-22/DHS%20Handbook%202021-2022.pdf

    ]]>     2022-03-03 20:57:06 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076662448     Slide 11: Ethical Principle-- Code of Ethics and Standard Practices for Texas Educators ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076663798
  • Standard 3.4 in the Code of Ethics and Standard Practices for Texas Educators states "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" (19 Tex. Admin. Code § 247.2).
  • It is an educators duty to provide a safe, meaningful, and equal education to all students, regardless if they have a disability or not. 
  • By following IEPS and attending ARDS, teachers are informed on how best to accommodate special needs students and provide a Free and Appropriate Public Education (FAPE).  
    • 19 Texas Administrative Code § 247.2 (2018)
    ]]>     2022-03-03 20:58:19 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076663798     Slide 12: Personal Connection to Legal and Ethical Standards ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076666482 It is important that all students receive a fair and equal education, regardless if they have a disability. It is important that teachers and staff understand the needs of these students and the importance of following individualized educational plans. As a Principal, I want to make sure that all of my staff understands the laws and ethics in working with all students. ]]> 2022-03-03 21:00:52 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076666482 Slide 13: List of Best Practices and Recommendations for Compliance ntorres143 https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076669121
  • In dealing with all students, especially students on individualized educational program, it is crucial that staff maintains appropriate documentation. 
  • Teachers need to receive routine training on how to best teach and support students with special needs. This can include classroom management and best practices for differentiation.
  • Building relationships with parents and maintaining an open communication can help avoid problems and violations. 
  • The school principal needs to be aware if student needs are being met by being consistent with classroom walkthroughs and teacher feedback.
  • Familiarize teachers with the special education staff in the district. Teachers should maintain open communication with the special education department and ask for support as needed. 
  • Individual Education Plans must be appropriate, reasonable, and followed with fidelity.
    • ]]>     2022-03-03 21:03:13 UTC https://padlet.com/ntorres143/gj8vdg4kq9hueoro/wish/2076669121