Standing Up for Special Needs Students by Daniel Howell https://padlet.com/dhowell73/mpcj3litvxurp066 The exploration of a students rights to the appropriate accomodations en-us 2023-10-08 19:11:08 UTC 2023-10-09 06:10:09 UTC hello@padlet.com Slide 1: Professional Perspective dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737267671 As a current K-12 educator and future instructional specialist for K-12 education, it is imperative to have a working understanding of the rights of those students designated as being a recipient of special education(SPED) as well as the responsibilities of all educators in understanding how to meet the needs of such. These requirements come from every level between district mandate to federal regulation. Ultimately the burden of such responsibilities and the onus to prove such comes down not only on the respective individual school districts but, more so, on the individual teacher to ensure that all necessary requirements are met to meet the guaranteed rights of those students deemed as SPED.

The purpose of this guide then is to shed some light on exploring guidance not only at the Federal level, but State and local as well on those rights of this student population and the responsibilites ultimately placed on educators.]]> 2023-10-08 19:15:34 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737267671 Slide 2: Summary of Topic dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737479538 Educators are responsible for a myriad of different policies and procedures. With that being said, many educators who have only slight familiarity with the necessary responsibilities and procedures for handling the SPED population of students can thus be overwhelmed by the diverse amount of rules that pertain to such. Further, the population of students, at the K-12 level who are included in this grouping continues to grow. This growth comes at a time in which teacher hiring and retention are on the decline, and the rise in special needs is only continuing to increase. Thus, knowing the specific regulations in regard to students with an Individual Education Plan (IEP) is of utmost importance, not only for the impact it has on any given student, but in maintaining compliance with federal, state, and district regulations.

Of the many issues that are currently facing how special education is conducted in this country, one of the biggest that has been ongoing is in regard to funding. As will be seen later and throughout this legal guide, students who are identified as being of special need are entitled to a Free and Appropriate Education (FAPE), and part of such is in making sure that a given school district provides all necessary and proper accommodations, regardless of cost, which has been a rising impact on the budgets of said schools. Thus, this legal guide shall bring light to this problem and offer meaningful insight into possible solutions.]]> 2023-10-09 02:16:26 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737479538 Slide 3: Professional Associations dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737520939 The Council of Parent Attorneys and Advocates (CPAA) is an organization that helps stand for the rights of those deemed with special needs. Further, they seek to hold those district officials, administrators, and educators accountable in answering for the implementation of all required resources that are legally due to the given student.

CPAA issued this short memorandum on 4/8/2021 in regards to the American Rescue Plan Act, which put about $1.9 trillion into the US economy, of which $130 billion was earmarked for K-12 education, and specifically $3 billion to be allocated for IDEA.]]> 2023-10-09 03:18:04 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737520939 Slide 4: dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737540548 This article addresses the current state of funding for educational programs including ESSA, IDEA, and Perkins V
- In Fiscal year 2023, the Department of Education received a total of $269.7 billion in funding, a 2.1% decrease overall
- Complex formulas are used to determine the allocation to each school district, and though awardees need not compete for funding, they are required to apply
-Every Student Succeeds Act (ESSA) was allotted $18 billion, this program requires schools to measure students in core subjects: reading, math, and science
-IDEA was allocated $15 billion which funds may be used for maintaining salaries for those directly involved with Special Education and costs associated with maintaining IEP accommodations

Seaborn, L. (2023). A look at federal education funding – ESSA, IDEA, & Perkins V. Forvis. https://www.forvis.com/article/2023/08/look-federal-education-funding-essa-idea-perkins-v

]]> 2023-10-09 03:48:45 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737540548 Slide 5: Current News Article dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737549600  What if money is not enough, as Kolbe (2022) argues, "Simply adding dollars to existing IDEA appropriations without modifying the current formula works against IDEA’s promise to equalize educational opportunities for students with disabilities" Further:
-Federal funding has been authorized to cover up to 40% of associated costs with IDEA, but since its inception in 1974, it has barely covered 20% of costs
-New money allocated to IDEA calls for full funding and meeting this 40% goal
-If the existing formula for determining funding is utilized it will further exacerbate disparities between states
-Therefore, a new way of thinking about how to allocate resources needs to be used in order to bridge the current gap between allocation to each state

Kolbe, T., Dhuey, E. and Doutre, S.M. (2022). More money is not enough: The case for reconsidering federal special education funding formulas. Commentary. Brookings Institute. https://www.brookings.edu/articles/more-money-is-not-enough-the-case-for-reconsidering-federal-special-education-funding-formulas/]]> 2023-10-09 04:01:19 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737549600 Slide 6: Constitutional Law: 14th Amendment dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737564024 U.S. CONST. amend. XIV, § 1

Without a Constitution to provide guidance and understanding, as well as certain protected rights, there would be no civil society. As such, the 14th Amendment of the Constitution provides for the equal rights of all citizens, regardless of circumstance.

- The 14th Amendment does not specifically protect those with disabilities, the Supreme Court has ruled on the equity of students with disabilities but based on statute, not the Amendment
- The 14th Amendment does not guarantee public education in any State but rather leaves it to the State to employ and administer
-The 14th Amendment is most notable for its Equal Protection Clause, but the idea of incorporation and due process also play pivotal roles in the realm of education as well

]]> 2023-10-09 04:22:42 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737564024 Slide 7: Federal Law: Individuals with Disabilities Education Act dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737576701 Congress reauthorized IDEA in 2015 to become the Every Student Succeeds Act (ESSA). As such, under this statute students with disabilities are guaranteed certain protections that ensure the same opportunity of obtaining a meaningful education as those students without disabilities. Under this framework, IDEA encompasses a plethora of information that an educator needs to be familiar with, one such area is Part B, §611, in regards to funding:
- to ensure adequate salaries are met for those educators dealing directly with the special needs population of students
-that states and school districts within those states have adequate funding to ensure compliance with all necessary accommodations for a student as outlined in their respective IEP

Individuals with Disabilities Act of 2004. https://sites.ed.gov/idea/regs/b/d/300.321 

]]> 2023-10-09 04:41:25 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737576701 Slide 8: Texas Statute: Individuals with Disabilities Act dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737583740 With IDEA being a Federally mandated statute, Texas needs to comply with such. Further, because states need only apply for funds to help augment compliance with IDEA, the federal authority has only put in guidlines for what the funds can be used for, but leaves it to the individual state as to further allocation, specifically on the district level.
 
- 85% of funds are disbursed based on the socio-economic status of those individuals comprising a given jurisdiction

19 Tex. Admin. Code §89.1050(2005)]]> 2023-10-09 04:52:10 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737583740 Slide 9: Judicial Statute: Board of Education v. Rowley dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737591383 Slide 9: Judicial Law
Board of Educ. v. Rowley, 458 https://supreme.justia.com/cases/federal/us/458/176/

The first case that challenged the idea of an IEP and the notion of a free appropriate public education.
Facts of the case:
A child in NY State was given a hearing aid to be used in school because of her residual hearing loss
Parents of the child requested that the child also be provided with a sign language interpreter in select classes
The school district denied this request and the respondents filed suit
Held;
Ruled in favor of respondents, the school must provide every means for a student to “reach their full potential”
]]> 2023-10-09 05:03:19 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737591383 Slide 10: Local (Administrative) Regulation dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737609802 Page 65 of the manual highlights the intentionality of the district and all those who are employed by the district in their duty to provide equitable educational opportunity for all diverse groups of students, including those who are labeled as disabled.

Policy code Fb, FFH. MISD 2023-2024 Employee Handbook. https://drive.google.com/file/d/1veo4k9RlVemyowjnaUE_TLnAfQZpVSXb/viewhttps://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/50/2023%202024%20Midland%20ISD%20Employee%20Handbook.pdf]]> 2023-10-09 05:35:50 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737609802 Slide 11: Ethical Dilemma: Equity/Access dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737617575 Considering the ever-increasing limitation of resources among all population groups within education, including SPED, it is ever more important that an educator seeks every available tool to prohibit a student of this given population from participating in the learning process. As such, the National Educators Association has provided guiding standards for those who are teachers. Thus, Principle 1: Commitment to the Student, Part 6 relates to the need not to exclude the student from any part of the learning process.

National Education Association. (2020). Code of ethics for educators. NEA. https://www.nea.org/resource-library/code-ethics-educators]]> 2023-10-09 05:47:58 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737617575 Slide 12: Non-Law Source dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737624230 This video is a great resource in getting a basic understanding of IDEA. Of importance is the fact that under IDEA students are guaranteed a free and appropriate public education. Thus, it is foundational to our understanding of IDEA, the appropriate funding for this diverse group of students is key in being able to maintain compliance with FAPE and the accommodations associated with such.

The Arc. Introduction to IDEA. (2018). [Video]. https://www.youtube.com/watch?v=C1-dS1uM6DU]]> 2023-10-09 05:57:21 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737624230 Slide 13: Best Practices for Compliance dhowell73 https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737634990 As has been demonstrated in this guide, IDEA is a key tenant and staple in the realm of education. IDEA shows the importance of making sure all students, whether disabled or not, receive a fair and equitable education. Though, as has been shown, funding is paramount to providing education in general, but more so to our special needs population considering the need to provide any and all accommodations deemed necessary for any given student.
-As mentioned before, though an increase in funding for IDEA has been proposed to reach the full 40% offset, the manner in which funds are allocated through the current formula needs to be revamped
-Teachers need to be aware of all facets of IDEA, especially funding allocations so as to be able to maximize scarce resources
-Administration officials of a given school district need to make sure that compliance with the requirements of IDEA is met regardless of available funds
-As students are continuing to be identified as falling under IDEA guidelines for an IEP, closer monitoring needs to be done so as to try and bring the focus back on those students who truly need the services
-Lastly, any and all funding that has been allocated to a respective entity needs to be accounted for and recorded as to how money was spent, and how costs can be minimized, following GAAP, Generally Accepted Accounting Priniciples]]> 2023-10-09 06:09:39 UTC https://padlet.com/dhowell73/mpcj3litvxurp066/wish/2737634990