Special Education by Sabrina McCann https://padlet.com/smccann24/p9h6wbww500kpxfr Legal and Ethical Guide en-us 2021-05-06 23:17:19 UTC 2026-03-16 23:37:59 UTC hello@padlet.com smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1500463081 My field of education is elementary education. I have taught third grade for 12 years.  During my experience as a general education teacher, I have had special education students in the general education classroom.  Often times, I had difficulty knowing how to effectively modify and accommodate instruction and hold students accountable. I believe all students can learn if they are held accountable even if they are identified as a student with special needs.  My legal guide topic is identifying special education.  I chose this topic because often times students with learning disabilities are not given the same expectations as students who do not have a learning disability.  All students can learn, however for some it just looks different.  ]]> 2021-05-06 23:28:47 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1500463081 smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1500610441 K12-ASCD is a professional association for educators which provides resources and knowledge on specific topics in education.  This  professional association also provides opportunities for trainings. One of the trainings offered is Inclusion for Special Education.

Inclusion and special education. (2021). ASCD: Professional Learning & Community for Educators. https://www.ascd.org/research-a-topic/inclusion-and-special-education-resources.aspx





]]> 2021-05-07 00:40:04 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1500610441 The Americans Disability Act smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1502828700
  • The Americans Disability Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
  •  The ADA ensures students have fair and equal opportunities. (ADA, 2019)

    • The Americans with Disabilities Act of 1990, Pub. L. No. 101-336 § 2, 104 Stat. 327 (1990)


    ]]>     2021-05-07 15:37:30 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1502828700     The Individuals with Disabilities Education Act (IDEA) smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504370236
  • This law is the new replacement of the Education for all Handicapped Children Act (EHA), and gives individuals with disabilities the rights to intervention services that apply to children through the age of 21 for special education services. 
  • EHA also ensures students free public education.  Students must be provided with intervention services that help meet their individual goals.  

    • The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 (1990)
    ]]>     2021-05-08 00:25:05 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504370236     Every Students Succeeds Act (ESSA) smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504382639
  • President Obama signed the Every Student Succeeds Act on December 10, 2015. 
  • This law allows educators to differentiate academics for their students' individual learning needs. 
  • Educators must provide an equal academic opportunity and the rights to special education services if necessary. (Every Student Succeeds Act (ESSA), n.d.)

    • Every Student Succeeds Act, 20 U.S.C. § 6301 (2015)
    ]]>     2021-05-08 00:37:02 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504382639     Free Appropriate Public Education (FAPE) smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504395246
  •  Free Appropriate Public Education (FAPE) allows students to receive a fair and equal education.
  •   The Free Appropriate Public Education law also protects the students' privacy and educational records. 
  • Parents of students who have disabilities and are serviced through special education have the right to their students academic records. 
  • Educators must keep updated information and education records in order to have the proper documentation that supports the students abilities.
  • Parents can request to view any of their child’s records at any time and can request a hearing if they have reason to believe that their child’s academic record is inaccurate. 
    •  Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) 
    ]]>     2021-05-08 00:49:19 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504395246     TLCA Student Handbook smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504451704
  • Texas Leadership Charter Academy  states their special education policy in the student handbook to ensure parents and students are supported and protected within the school guidelines. 
  • "TLCA incorporates special needs students into a mainstream environment that encourages inclusion" (TLCA, Student Handbook, P. 18, 2019).
  • Inclusion is high encouraged to promote student success was influenced by the Least Restrictive Environment Movement (LRE)
  • LRE allows students with disabilities to learn and interact with their peers.  
    •  Least Restrictive Environment (LRE) Movement §300.114-§300.117 
    ]]>     2021-05-08 01:44:39 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504451704     Code of Ethics smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504471218
  •  "Standard 3.4. 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 TAC § 247.2.)
  • This standard ensures educators must treat all students fair and equal at school.
  •  Students who may be apart of the SPED program should be held to a high standard in regards to their academics and behavior.
    •  
    ]]>     2021-05-08 02:04:38 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504471218     smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504482455  About IDEA. Individuals with Disabilities Education Act. https:/ sites.ed.gov/idea/about-idea/

    Americans with Disabilities Act. U.S. Department of Labor Seal. https://www.dol.gov/general/topic/disability/ada. Ascd. (2021).


    Inclusion and special education. (2021). ASCD: Professional Learning & Community for Educators. https://www.ascd.org/research-a-topic/inclusion-and-special-education-resources.aspx


    Centers for Disease Control and Prevention. (2018, September 14). Family Educational Rights and Privacy Act (FERPA). Centers for Disease Control and Prevention. https://www.cdc.gov/phlp/publications/topic/ferpa.html

    Grieco, H. (2019, May 7). Students with disabilities deserve inclusion. It's also the best way to teach (Opinion). Education Week. https://www.edweek.org/teaching-learning/opinion-students-with-disabilities-deserve-inclusion-its-also-the-best-way-to-teach/2019/05

    Jones, C. (2020, November 30). Less siloed, more inclusive: Changes to special education teacher preparation expected to have big impact on schools. EdSource. https://edsource.org/2020/less-siloedmore-inclusive-changes-to-special-education-teacherpreparation-expected-to-have-big-impact-on-schools/644367

    U.S. Department of Education. Every Student Succeeds Act (ESSA). Every Student Succeeds Act (ESSA) | U.S. Department of Education. https://www.ed.gov/essa?src=rn.

    Vanderbilt Peabody College. (2021). Least Restrictive Environment (LRE). Iris Center. https://iris.peabody.vanderbilt.edu/wp-content/uploads/pdf_info_briefs/IRIS_Least_Restrictive_Environment_InfoBrief_092519.pdf
    ]]>     2021-05-08 02:17:02 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504482455     smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504504366 My uncle has a learning disability. and struggled in school. Before becoming an educator, I just assumed he acted out to get attention, or he chose not to pay attention which caused him to struggle academically. As I progressed in my educational journey, I realized there were services available for him to be successful alongside his peers. After taking this class and learning more in depth about the different laws that apply to special education, I feel we did not advocate for him. My personal goal in my career is to ensure students and their families are aware of their rights to a fair and equal education even if their child has a disability. Every child deserves the chance to succeed. ]]> 2021-05-08 02:40:21 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504504366 smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504518807
  • The IDEA law for special education supports students with disabilities to be taught and supported for their individual needs, which may be to be taught in a LRE in the general education classroom. 
  • General education teachers need to ensure they are familiar and educated on the expectations and services they must provide special education students.
  • Students with disabilities should be held to a high standard.
  • Special education students have the legal rights to a fair and equal education.
  • Inclusion is highly encouraged to support student success. 
  • Parents of students who have disabilities and are serviced through special education have the right to their students academic records.
    • ]]>     2021-05-08 02:55:14 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504518807     smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504530229
  •  Many believe that students with disabilities who are not in their Least Restrictive Environment (LRE) learning with their peers causes a decline in their academic success. 
  • "According to the Learning Policy Institute, only 13% of students in special education met or exceeded the state’s math standards in 2018-19, compared to 43% of their peers, even though  the majority of students in special education have conditions such as dyslexia, epilepsy, deafness or speech impairments that don’t affect their cognitive abilities" (Jones, 2020). 
  • These students are not held at the same standards as the general education population, this then leads to students with any disabilities not being challenged and push to ensure academic success.
    • ]]>     2021-05-08 03:08:45 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504530229     smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504541520
  •  Inclusion learning is the best type of environment for students with and without disabilities.
  • "Inclusion is best practice. It is also, quite simply, the right way to teach" (Grieco, 2019).
  •  Students tend to learn from  collaboration and their peers. 
  • “Inclusion works when educators collaborate, get the support they need, and believe in the value of all students"  (Grieco, 2019).  



    • ]]>     2021-05-08 03:22:07 UTC https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504541520     Importance in the field smccann24 https://padlet.com/smccann24/p9h6wbww500kpxfr/wish/1504555225 Special education is important in education because students with disabilities must be provided a fair and equal education.  In order for students to be receive a fair and equal education, teachers must provide learning in the most least restrictive environment. This legal guide is important because there is a lack of knowledge about special education and what rights students with disabilities have. General education teachers must be aware of the different laws within special education to ensure students are successful academically. 

    Best practices
    • Have high standards and expectation for students with disabilities.
    •  The Least Restrictive Environment (LRE) allows and supports students in the special education program to be taught in a mainstream or inclusive environment. 
    •  It is important for general education teachers to be educated on the expectations and services they must offers to special education students.
    Emerging Issue
    An emerging issue within special education is providing a fair and equal education for students with disabilities.  Often times, educators are not aware of the many laws within special education and the guidelines that much be followed in order for students to be successful.    Some teachers struggle to differentiate instruction for students with disabilities. The legal obligation for supporting students with disabilities is vital in order for them to be successful. 

    Interview
    I had the opportunity to interview Liza Winn, a special education teacher at TLCA. During the interview, the thing that was stressed the most is to document, document, document due to the legality of the laws within special education.  When thinking about legal requirements and compliance, IEP's must be followed and may not be discussed with another school employee unless that teacher is academically involved with the students learning. I also learned as a special education teacher, they  write PLAAFP (present level of academic achievement and functional performance), this is a key part of an IEP (Individualizes Educational Plan) which includes: eligibility, IEP goals, accommodations, testing, reports on progress and recommendation from the committee for our Annual ARDs to support the students academic and personal needs. Ms. Winn also mentioned The Individuals with Disabilities Education Act (IDEA) and the Family and Educational Rights and Privacy Act (FERPA) provide important guidelines and, although the Every Student Succeeds Act (ESSA) focuses on all students, it also has certain implications for students with disabilities. Special Education is characterized by, who receives it, its purpose, and goal. Working with general education classroom and curriculum is important.  Ms. Winn stays current on special education laws by attending trainings and working with the special education department.  

      
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