There is a significant issue related to the shortage of special education teachers. The shortage is not only about the insufficient numbers of teachers but also about the lack of properly trained special education teachers. The Office of Special Education Programs states that there is a national shortage of 8 percent. This shortage affects schools across the country and has a significant impact on the education of vulnerable students. Unfortunately, many first-year special education teachers have not completed special education preparation programs, and data shows that those with limited preparation are more likely to leave the profession. The reliance on provisional and alternative credentialing programs contributes to the high turnover rate of special education teachers (School of Education, 2021).

References

School of Education. (2021). Why is there a special education teacher shortage? American University. https://soeonline.american.edu/blog/special-education-teacher-shortage/#:~:text=It%20creates%20instability%2C%20limits%20students'%20learning%20opportunities%2C,Look%20at%20the%20Reasons%20Behind%20the%20Special

Texas Education Agency. (2024). ARD supports. Texas SPED Support. https://spedsupport.tea.texas.gov/resource-library/ard-supports#:~:text=In%20Texas%2C%20the%20admission%2C%20review,IEP)%20team%20in%20other%20states.

The Texas Education Agency provides the ARD requirements as they relate to federal and state law. They also notify local education agencies when laws are modified. The purpose of this notice is to inform local educational agencies (LEAs) of a recent rule change to 19 Texas Administrative Code (TAC) §89.1050 regarding ARD committee responsibilities. This rule change, effective July 18, 2023, addressed two primary issues:

1. The ARD committee is responsible for taking all necessary actions to ensure that parents understand the proceedings of an ARD committee meeting. This includes making arrangements for an interpreter for a parent who is deaf or hard of hearing or whose native language is other than English.

2. The procedures for an Admission, Review, and Dismissal (ARD) committee to follow when a student enrolls in a school district and has previously received special education and related services in another school district.

This correspondence was given to local education agencies to ensure they share it with appropriate staff and update local processes and procedures as necessary (Texas Education Agency, 2023).

References

Texas Education Agency. (2023). Admission, review, and dismissal committee requirements. https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/admission-review-and-dismissal-ard-committee-requirements

The U.S. Department of Education’s Office for Civil Rights (OCR) announced that Spectrum Academy in Utah has entered into a resolution agreement to ensure that its restraint and seclusion policies and practices do not deny students with disabilities their civil rights. The OCR’s investigation revealed several issues with the Academy's practices to be as follows:

• The academy failed to hold Individualized Education Program (IEP) meetings for specific students with disabilities to evaluate the impact of repeated use of restraint and seclusion and to consider the need for compensatory services for these students.

• There were also concerns related to 26 students who were identified as being restrained and/or secluded multiple times in a two-year period.

• The Academy may have failed to consider the educational impact, re-evaluate them to determine if the repeated use of restraint and seclusion caused them to miss instruction or services,

• The academy failed to offer compensatory services for missed instruction, and had inadequate recordkeeping regarding restraint and seclusion.

A resolution agreement was created by the Office of Civil Rights, and it requires the Academy to take several steps that include:

• revising and distributing its policies, procedures, and forms for restraint and seclusion

• training staff on the revised policies and Section 504 FAPE requirements

• providing individual remedies for students who were restrained and/or secluded

• reviewing whether any other students were denied a FAPE in recent years

• maintaining complete and accurate records, and monitoring the use of restraint and seclusion to safeguard the civil rights of Academy students.

  (U.S. Department of Education, 2023)

  
  

References

United States Department of Education. (2023). Office of Civil Rights resolves restraint and reclusion compliance review of Spectrum Academy in Utah. News Room. https://www2.ed.gov/about/offices/list/ocr/newsroom.html

The Davis Joint Unified School District in California has committed to a resolution agreement with the U.S. Department of Education’s Office for Civil Rights (OCR) to guarantee that its restraint and seclusion policies and practices do not infringe upon the rights of students with disabilities to receive a free appropriate public education (FAPE).

The Office of Civil Rights found that the District violated the rights of three students with disabilities by:

• Failing to ensure that staff making placement decisions for these students had access to and carefully considered information about using physical restraint and/or seclusion with these students.

• Failing to ensure that those making decisions regarding behavioral interventions for these students were knowledgeable about each student, the meaning of the evaluation data, and the placement.

• Failing to reevaluate these students to determine whether the repeated use of restraint and seclusion denied them a FAPE and if additional aids and services were appropriate to provide a FAPE.

• Denying a FAPE to all three students based on the above failures and resulting harm to the students.

The Office of Civil Rights also found concerns that the District did not adequately document all restraints and seclusions, resulting in the following:

• failing to identify all students subjected to restraint and seclusion.

• The lack of documentation may have resulted in IEP teams not having complete information.

• Parents do not consistently have access to the information needed to participate meaningfully on their children's IEP teams.

As part of the resolution agreement, the District is required to:

• Revise its policies for restraint and seclusion to comply with Section 504, Title II, and their implementing regulations.

• Distribute the revised policies to parents, faculty, administrators, staff, and any nonpublic school employees providing special education services to District students.

• Develop and implement a process and form to create and maintain records about the use of restraint and seclusion of District students, including those placed in a nonpublic school setting.

• Provide training on the revised policies and the FAPE-related requirements of the Section 504 regulation to all faculty, staff, and administrators involved with providing instruction or services to students with disabilities.

• Ensure that staff at nonpublic schools where District students are placed receive training on the District’s policies and the FAPE requirements of the Section 504 regulations.

• Provide an individual remedy for a student subjected to multiple instances of restraint and seclusion by convening a properly constituted IEP team to determine what compensatory services are appropriate for the student and by timely providing such services.

• Conduct a review to identify any District students restrained or secluded by staff at nonpublic schools from 2019 to the present and implement responsive remedies based on this review.

• Implement a program to monitor restraint and seclusion with students in District and nonpublic schools to safeguard their Section 504 and Title II rights. (U.S. Department of Education, 2022)

  
  

References

United States Department of Education. (2022). U.S. Department of Education’s Office for Civil Rights reaches agreement with California's Davis Joint Unified School District in investigation regarding the use of restraint and seclusion. https://www.ed.gov/news/press-releases/us-department-educations-office-civil-rights-reaches-agreement-californias-davis-joint-unified-school-district-investigation-regarding-use-restraint-and-seclusion

appropriate public education (FAPE) to eligible students aged 3-21 with disabilities. Chapter 33 of this act outlines requirements for developing individual education plans, conducting evaluations, making eligibility determinations, and determining educational placements (Individuals with Disabilities Education Act, 2004).

References

Individuals With Disabilities Education Act, 33 U.S.C. § 1414 (2004).

19 Texas Administrative Code (TAC) §89.1050 requires every school district to set up an admission, review, and dismissal (ARD) committee for each student with a disability and for each student who undergoes a full individual and initial evaluation. The law also specifies that the school district is accountable for all the responsibilities of the IEP team under federal law and regulations and those of the ARD committee under state law (19 T.A.C. § 89.1050).

References

19 Texas Administrative Code (TAC) §89.1050. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=1050

The Tex. Educ. Code § 29.005 law outlines the guidelines for creating an Individual Education Program for a student in the special education program. The creation of this program

ensures the most appropriate placement for the student with the least restrictive access to the general education setting.

References

Individualized Education Program, Tex. Educ. Code § 29.005

This landmark case marked the first special education decision by the Supreme Court. The Court ruled that an Individualized Education Program (IEP) must be reasonably designed to provide educational benefits for a child. However, the school district is not obligated to furnish every service needed to fully maximize a child's potential.

References

Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).

The school policy regarding the special education department encompasses every aspect of special education. It provides the employees assisting

students in special education with a manual that they follow to ensure their actions are aligned with district policy. This policy also includes timelines for testing, ARD scheduling, and outlines how employees must create and communicate with a general education teacher to ensure the student's

individualized education program is appropriate for that student (Kerville Independent School District, 2016).

References

Kerrville Independent School District. (2016). Special education district office staff handbook and procedure manual. https://tx50000093.schoolwires.net/cms/lib/TX50000093/Centricity/Domain/192/2016-17%20SPED%20PROCEDURE%20MANUAL.pdf

According to the ASCA ethical principles for school counselors, counselors must "advocate for the equitable right and access to free, appropriate public education for all youth in which students are not stigmatized or isolated based on race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need" (American School Counselor Association, 2022, Marganalized Population Section). This ethical code is provided to counselors to ensure that they advocate for all marginalized populations to receive a free and appropriate public education. One of the marginalized populations school counselors must advocate for is special education. School counselors collaborate with school personnel to ensure all services and supports are in place to make the student's educational setting appropriate.

References

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

References

Navigate Life Texas. (2024). Admission, review, and dismissal process. Texas Health and Human Services. https://www.navigatelifetexas.org/en/education-schools/ard-process

• Make sure you are well-informed about the Texas Education Agency's Admission, Review, and Dismissal Requirements.

• Stay up-to-date with all federal and state laws related to special education and the ARD requirements.

• Work closely with the school counselor to guarantee the student receives a free and appropriate education, and that the supports and services align with the student's Individualized Education Program (IEP).

• Stay informed about current news articles to understand the trends impacting special education and ARD processes and requirements.

• Adhere to your district's ARD policy before, during, and after the ARD.

• Take a best-practice approach and utilize websites and articles to assist you with the ARD processes and requirements.