·        Documenting interventions is crucial to the identification process. This data helps make the process much easier.

·        Classroom teachers must identify the strengths as well as the needs of the students to show that the student is capable of performing in the classroom.

·        Identifying students early helps the students become successful early on and helps them learn the best techniques to help them grow as learners.

According to Novak, one area that educators should be aware of is the identification of dyslexia students. Dyslexia now falls under the special education umbrella. In the past, dyslexia did not fall under special education. Now that it does, there is a huge push by the state of Texas to identify dyslexia students as early as kindergarten and first grade. 

Interviewee:
Jill Novak, Christoval Elementary Special Education and Dyslexia coordinator, Christoval ISD

·        Children with disabilities are not always identified and when they are, it is not guaranteed that their needs will be met in the classroom.

·        Students are not being identified correctly due to lack of funding for special education services. IDEA has never been properly funded by Congress resulting in a lack of educational opportunities for students in special education.

Reference:
Samuels, C.A. (2019, January 8). Special education is broken. Education Week. https://www.edweek.org/teaching-learning/special-education-is-broken/2019/01 

·        Parents can request their child be evaluated and school districts must get parent permission before evaluating a student.

·        Request from a school district to evaluate a child must be in writing in the parent’s native language, and easy to understand. Parents must give written consent for their child to be evaluated.

·        The evaluation must be individualized to the student and use a variety of assessment tools.

·        The evaluation data must be presented to the parents to determine if services are needed for the child.

Reference:
Center for Parent Information & Resources. (2021, October). Evaluating school-age children for disability. Center for Parent Information & Resources. https://www.parentcenterhub.org/evaluation/

·        States cannot make or enforce laws that infringe on the rights of US citizens.

·        States cannot deny equal protection to those who reside in the state.

Reference:
US Const. amend. XIV § 1. https://www.law.cornell.edu/constitution/amendmentxiv

·        Rafeal’s parents objected and initiated a lawsuit claiming the school district violated the Individuals with Disabilities Education Act of providing a least restrictive learning environment.

·        The school district claimed Rafeal was not ready to be mainstreamed in a general education classroom while his parents claimed that the school district did not provide services and supplemental aids to assist him in the classroom.

·        The court sided with the Oberti family and developed a two-part test to determine if a school district is in compliance with IDEA.

Reference:
Oberti v. Board of Education, 995 F.2d 1204 (3d Cir. 1993). https://casetext.com/case/oberti-by-oberti-v-board-of-educ-of-borough-of-clementon-school-dist

·        Public schools are required to create an Individualized Education Program (IEP) for special education students to help meet their educational needs.

·        Has safeguards in place for students in special education and their families to help the student learn successfully.

·        Focuses on the individual learners success instead of their disability.

Reference:
Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004). https://sites.ed.gov/idea/statute-chapter-33/subchapter-i/1400

·        A committee must be established before a child can be enrolled in the special education program.

·        The committee will develop the individualized education program (IEP) to meet the needs of the student. If the committee does not agree on the IEP, a written statement must be included in the program.

Reference:
State Board of Education. (2015, June 19). 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm

·        Early identification is key to student success

·        Documentation of classroom interventions is a key component in the identification process

·        Ensure that students in special education are being taught in the least restrictive learning environment

·        A committee must develop an Individualized Education Plan (IEP) for any students in special education

·        Classroom teachers must follow the IEP set forth by the committee