Legal Guide-Special Education by

Legal Guide-Special Education by https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f Understanding the Importance of Least Restrictive Environment en-us 2020-07-13 16:32:59 UTC 2025-12-05 11:35:13 UTC hello@padlet.com Slide 1 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/653435038 Professional perspective and audience:

As a future elementary school counselor and current elementary school teacher, questions come up each school year of where to place students of varying abilities, how to group them, and which placement will allow those students to be the most successful. Often, teachers are unaware of the legal requirements when placing students who have learning disabilities or differences, and parents struggle with understanding what to expect, their rights and their child's rights, and how to help their child. I chose to complete the legal guide on understanding the importance of Least Restrictive Environment (LRE) to not only expand my own learning on the subject, but to have a toolkit available for other teachers and counselors who may have questions or who may need to guide parents through the process. ]]> 2020-07-13 16:57:24 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/653435038 Slide 2 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654268212 Interview Summary:

I interviewed Calli Smith who is the school counselor at Preston Elementary in Allen, Texas. She has been a school counselor for 14 years and has been at Preston for 3 years. As we discussed topics of legal and ethical decision making, Smith explained the importance of following all laws, emphasizing that there will be times when she is unsure. In those moments, it is important to take a minute, not rush into any decision making, and either ask for guidance or find the answers (C. Smith, personal communication, July 13, 2020). When asked about the importance of providing students with the Least Restrictive Environment (LRE) smith points out that there is no guide to finding the LRE for each type of disability. Instead, the LRE is determined by what works best for each individual, it evolves as the child grows and changes, and it is the law that children with disabilities receive their education alongside their non-disabled peers (C. Smith, personal communication, July 13, 2020. Smith mentions that finding the appropriate LRE for each child is sometimes a difficult balance between what the parents want, what the special education professionals recommend, and what the teacher feels is best. She has had several conversations with both parents and teachers about finding that balance, and she finds it helpful to remind teachers that it is all about doing what is best for the student (C. Smith, personal communication, July 13, 2020). Smith feels the best practice for teachers in helping determine a student's LRE is to put the child's needs first, be willing to try new ideas as students are being mainstreamed into the classroom, and do not be afraid to ask for help (C. Smith, personal communication, July 13, 2020). Currently, working to fulfill a child's Individualized Education Plan (IEP) and striving to provide the LRE, schools are facing tremendous difficulty. Many of these students need inclusion support, supports through accommodations, and other individualized academic supports that are difficult to provide in an at-home learning environment due to COVID-19. Smith explains that our education system is designed to work in a school building with the support of professionals trained to manage the needs of multiple students, and they are finding it challenging to switch gears and create an at-home environment that meets the student's needs (C. Smith, personal communication, July 13, 2020). As the first day of school approaches, schools are making plans to ensure all students' needs will be met, while anxiously awaiting new guidance as to what school will look like for everyone this fall.

]]> 2020-07-14 15:22:43 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654268212 Slide 3 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654330073 National Center for Learning Disabilities (NCLD)

The current pandemic has brought into view that our educational system was unprepared to meet the needs of a variety of learners with special needs. This guide was created by the National Center for Learning Disabilities (NCLD) in partnership with 10 other organization to help schools evaluate their current educational technology and make a plan to improve as the new school approaches (National Center for Learning Disabilities, 2020).

Reference

National Center for Learning Disabilities. (2020, July 13). New resource: Inclusive technology during the COVID-19 crisis. Retrieved July 15, 2020, from https://www.ncld.org/news/resources-tools-covid-19/new-resource-inclusive-technology-during-the-covid-19-crisis/

]]> 2020-07-14 16:28:53 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654330073 Slide 4 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654485835 Education Week
Does Special Education Work for Students with Learning Disabilities?
By Corey Mitchell

This study tracks the math and reading performance of 44,000 New York City school children in grades 3 through 8, looking to determine if there is a change in their test scores over the period of time that they receive special education services. According to research, students who are diagnosed with a learning disability at an earlier age, grades 4 and 5 to be specific, are more likely to be placed in a less restrictive learning environment and are more likely to to see better testing results because of it (Mitchell, ).

Reference

Mitchell, C. (2019, November 06). Does special education work for students with learning disabilities? Retrieved July 15, 2020, from https://blogs.edweek.org/edweek/speced/2019/11/does_special_education_work_learning_disabilities.html
]]> 2020-07-14 19:58:34 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654485835 Slide 5 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654507539 Education Week
Students With Disabilities Deserve Inclusion. It's Also the Best Way to Teach.
By Hannah Grieco

The question arises often about whether inclusion is what is best for every student in the classroom. Parents sometimes worry that their non-disabled child will not receive as much attention and support as a student with a disability. This article addresses that not only is it the law for these students to receive their instruction in the general education setting when possible, but that with time and patience, all students benefit by enhancing the ability for everyone to work together cooperatively as well as value different perspectives (Greico, 2019).

Reference

Grieco, H. (2020, April 07). Students with disabilities deserve inclusion. It's also the best way to teach. Retrieved July 15, 2020, from https://www.edweek.org/ew/articles/2019/05/08/students-with-disabilities-deserve-inclusion-its-also.html

]]> 2020-07-14 20:31:36 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654507539 Slide 6 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654538312 Education of Individuals with Disabilities
Statutory Law

In the United States Code, under the Individuals with Disabilities Education Improvement Act of 2004, the regulations clarify the Least Restrictive Environment (LRE)

Students with disabilities are educated with their non-disabled peers
Special classes or separate schooling will be provided only in special circumstances to be determined by the IEP team
Does not support removing children from the general education classroom unless it is not possible to ensure an appropriate educational environment with supplementary aids and supports.

Reference

Education of Individuals with Disabilities, 20 USC § 1412(5)

]]> 2020-07-14 21:28:11 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654538312 Slide 7 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654564563 Texas Administrative Code
Administrative Law

The Texas Administration Code (TAC) outlines the options for educational settings that should be provided to students with disabilities. According to TAC, students with disabilities should be in the mainstream classroom as long as they can be successful with services such as:

direct instruction
helping teachers
co-teaching
interpreters
education aides
curriculum modifications
instructional modifications
positive behavior supports and interventions
staff development
reduction in class ratio

Reference

Instructional Arrangements and Settings, 19. Tex. Admin. Code §89.63(c)(1)

]]> 2020-07-14 22:19:54 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654564563 Slide 8 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654634976 T.R. v. Kingwood Township (3rd Cir. 2000)
Judicial Law

This case established that the least restrictive environment educates the disabled child with their non-disabled peers to the greatest extent possible, and in the same school that they would regularly attend if they were non-disabled. In this case, a child was placed in a classroom that consisted of half of the students being disabled and the other half were non-disabled. The court found that this learning environment did not create the least restrictive environment.

Reference

T.R. v. Kingwood Township, 205 F.3d 572 (3rd Cir. 2000)

]]> 2020-07-15 00:29:09 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654634976 Slide 9 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654639387 Allen Independent School District (AISD) Board Policy
Local Administrative Law

According to AISD Board Policy, AISD requires schools to follow all federal and state laws regarding providing students with a free and appropriate public education (FAPE). AISD offers:

Mainstream
Homebound
Hospital class
Speech therapy
Resource room/services
Self-contained (mild, moderate, or severe)
Off-home campus
Nonpublic day school
Vocational adjustment class/program
Residential care and treatment facility (not district resident)
State supported living center

Reference

Allen Independent School District. (2019, November 8). Allen ISD Board Policy Manual, §EHBA. Retrieved from https://pol.tasb.org/Policy/Download/305?filename=EHBA(LEGAL).html&title=SPECIAL%20PROGRAMS&subtitle=SPECIAL%20EDUCATION

]]> 2020-07-15 00:36:14 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654639387 Slide 10 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654663502 Allen Independent School District (AISD) Board Policy
Local Administrative Law

According to the AISD School Board Policy, the district complies with the federal and state regulations concerning creating and implementing a student's IEP. The district shall:

create an ARD committee to discuss the evaluation, placement, reevaluation, and determination of eligibility of students who may have a disability
comply with the LRE standard
take various steps to ensure one or both parents are involved in each ARD committee meeting, including allowing alternate ways of participating
meet at least once each year to determine the student's placement and review the IEP
ensure all members of the ARD committee (parents, general education teachers, special education teachers, district representative, specialists, the student if applicable, and an interpreter if needed) are able to participate and collaborate in developing the IEP

Reference

Allen Independent School District. (2018, July 23). Allen ISD Board Policy Manual, §EHBAB. Retrieved from https://pol.tasb.org/Policy/Download/305?filename=EHBAB(LEGAL).html&title=SPECIAL%20EDUCATION&subtitle=ARD%20COMMITTEE%20AND%20INDIVIDUALIZED%20EDUCATION%20PROGRAM

]]> 2020-07-15 01:09:51 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/654663502 Slide 11 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/655167280 Ethical Principle

According to the American School Counselor Association's (ASCA) Ethical Standards for Counselors (2016) standard E.a. and E.b., if a counselor seriously doubts the ethical behavior of a colleague, he or she must speak directly with the person whose behavior is in question to work to resolve the concern. The school counselor should also speak with other professional colleagues about the concern, seeking another opinion about whether the behavior seems unethical (ASCA, 2016).

This standard explains what to do in the event that a parent seeks advice from the school counselor if they feel their child is not receiving the appropriate special education services or is not appropriately placed in the least restrictive environment.

Reference

American School Counselor Association (ASCA). (2016). ASCA ethical standards for counselors. Alexandria, VA. ]]> 2020-07-15 14:43:35 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/655167280 Slide 12 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/655239184 Non-law Source
Article
Understanding the Concerns of Parents of Students with Disabilities: Challenges and Roles for School Counselors.

The first step in serving as an advocate is understanding the concerns of parents of children with disabilities. This informative article helps the school counselor understand the perspective of the parent and student with disabilities by recognizing their grief, understanding their protectiveness, and placing importance on friendships and focusing on their abilities rather than their disabilities (Taub, 2017).

Reference

Taub, D. (2017, August 23). Understanding the concerns of parents of students with disabilities: Challenges and roles for school counselors. Retrieved July 15, 2020, from https://www.readingrockets.org/article/understanding-concerns-parents-students-disabilities-challenges-and-roles-school-counselors

]]> 2020-07-15 16:02:10 UTC https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/655239184 Slide 13 lisa_jones25 https://padlet.com/lisa_jones25/gt0k7kgc5c5qbw2f/wish/655269121 Best Practices

Finding the LRE for each student with a disability is a process of figuring out which classroom supports prove successful for their individual needs.
Providing students who have disabilities with an environment where they can learn alongside their non-disabled peers as much as possible is the law.
Students who are not successful in the general education classroom despite efforts to find classroom supports that are effective will be provided other learning environments or a combination of several.
These decisions are made by the ARD committee, which consists of parents, teachers, district representatives, specialists, special education instructors, and other necessary members.
As a school counselor, the first step in advocating for the child and parents of children with disabilities is to understand their concerns.
Inclusion benefits everyone in the classroom by providing each child with a free and appropriate education (FAPE) as well as fostering a classroom community of diversity, respect, caring, cooperation, and valuing each others differences.
Today, schools are facing difficult times as they work to provide appropriate and effective supports for students with disabilities as they likely will be learning from home for at least part of the upcoming school year.
Legally, a school counselor must take action if he or she feels that a colleague is behaving in an unethical way. The first steps are to consult another professional colleague about whether the behavior is unethical and to professionally approach the person to address the concern.

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