The Counselor's Guide to Best Practices for Special Education Identification by Sasha Agent-Marrier https://padlet.com/marriers/rsh5edsk62gl A guide for school counselors to assist in understanding their role in identifying special education students. en-us 2019-07-19 02:03:26 UTC 2025-11-06 18:57:06 UTC hello@padlet.com Slide #1: Professional Perspective, Audience & Topic marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371639748 My professional perspective comes from my background as a special education teacher. I taught as a special education teacher for a total of nine years teaching students who had emotional disturbances and learning disabilities. Although counselors do not specifically work with special education students, counselors play a significant role in identifying students with disabilities, especially behavior challenges. 
This Legal Guide Padlet can be used as a tool for counselors and administrators to aid them in understanding the essential laws related to identifying students with special needs. I specifically selected this topic to bring clarification regarding the counselor’s role in special education. Because counselor can be assigned many duties, their role within special education can be misleading. It is vital that the counselor understands that their primary purpose within special education is to assist in the identification process of students who have not yet been identified.]]> 2019-07-19 02:11:58 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371639748 Slide #2: Interview marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371649413 I conducted an interview with Jean Moore, an elementary school counselor at Sheffield Elementary school in Carrollton- Farmers Branch ISD.
1. What is special education identification important in the field of counseling?
I conducted an interview with Jean Moore, an elementary school counselor at Sheffield Elementary school in Carrollton- Farmers Branch ISD.
1. What is special education identification important in the field of counseling?
According to elementary school counselor Jean Moore, counselors play a vital role in assisting with the identification of children with disabilities. She explained that counselors must be able to observe and document data regarding tier 2 and tier 3 behaviors.
2. What are best practices for counselors in the area of special education identification?
Ms. Moore explained that documentation is critical when collecting data for children with suspected disabilities. She further explained that the documentation process would occur during tier 2 and tier 3 of the RTI process. Because of VE child's rights in parents rights, and legal issues, it is essential to take general notes leaving out personal opinions and emotion but rather stick to the facts and direct observations.
Ms. Moore also moved on to say that counselors should be sure to attend trainings; the more knowledge you have regarding special education, the more power you have.
Finally, she explained that counselors should ensure that they are very familiar with the response to intervention process and be sure to stick to the law. Anything related to special education in 504 is critical, therefore pay extra attention to detail, Stick to the facts, and avoid adding personal opinions.
3. What do you believe are some emerging issues concerning special-education identification?
Jean Moore explained that an emerging issue within the field of counseling and special education is regarding the duties that officially belong to the counselor. The counselor should not be seen as an expert within special education. It is essential that administrators recognize the responsibilities of a counselor; therefore, it is vital that they honor the counselor's time in balancing those duties. 

(J. Moore, personal communication, July 12, 2019)
]]> 2019-07-19 03:30:11 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371649413 Slide #3: Professional Association Resource marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371657830 The American School Counselor Association released a webinar on Behavior Intervention
Plans for Tier 3 Students.
This webinar goes into detail regarding the review of the RTI2-B/MTSS process and the systems used to identify students, it demonstrates an effective functional behavior assessment and how to analyze the data. The webinar also breaks down the design of a behavior intervention plan (BIP) and explains how the counselor can evaluate the effectiveness of the BIP.

Behavior Intervention Plans for Tier 3 Students. (2019, June 4). Retrieved from https://videos.schoolcounselor.org/behavior-intervention-plans-for-tier-3-students]]> 2019-07-19 04:40:53 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371657830 Padlet Slide #4: Article #1 - Special Education Is Broken marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371657959 This article discusses the obstacles behind the Individuals with Disabilities Education Act (IDEA). Although IDEA changed education by giving students with disabilities access to education, the author explains how the law is broken due to a variety of factors.
  • Lack of special education identification 
  • Complex Response to Intervention (RTI) process
  • Lack of funding to accomplish all that IDEA requires 
The author explains that Child Find, a special education law that requires school districts and educators to identify children with disabilities, is not working due to an over-complex RTI process.
According to the article, more than 70% of school districts utilize some form of RTI, yet the article pushes back on the success of RTI. A study showed that students involved in the RTI process performed worse than their peers who performed on a similar level and were not included in the RTI process.
The author asks a crucial question, "But if RTI is currently too complicated for most schools to implement well, what does that mean for the teachers and principals who are working so hard to put it in place, or for the students who are enrolled in it right now?" (Samuels, "Special Education Is Broken," 2019, para. 11).
The author also poses another valuable question, should general education teachers be expected to become certified in special education since this is the setting where students spend most of their school day? Samuels, "Special Education Is Broken," 2019).
The author concludes with the notion that IDEA brought about necessary change for students with disabilities; however, educators must determine how to make sure that students have meaningful access to their services.

Samuels, C. A. (2019, February 20). Special Education Is Broken. Retrieved July 16, 2019, from
https://www.edweek.org/ew/articles/2019/01/09/special-education-is-broken.html
]]> 2019-07-19 04:42:38 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371657959 Slide #5: Article #2 - Practice Falls Short of Promise marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658009 The author raises the concern regarding the effectiveness of RTI and proposes that researchers need to know "more about the differences in the quality of instruction, the types of interventions, and the progress-monitoring systems used in each school studied" (Sparks, 2016, p. 35).
Based on the article written by Sparks (2016), federal evaluation finds that RTI may hold some students back as opposed to helping them. In a study conducted by the National Center for Education Evaluation and Regional Assistance, the findings showed that first graders who received reading intervention performed worse than their peers who were almost identical and did not receive assistance. Also, students who were already in special education performed poorly when they received interventions.
Concerns
  • Schools are blurring of the lines between core instruction and intervention.
  • Schools are using one test to identify students for Tier 2.
  • Schools are using a standard set of interventions for Tier 2 students.
Because schools are allowing interventions to focus on few skills during the Tier 1 process, "Students are missing a lot of broader things that are going to make a difference in their ability to put it all together in functional reading" (Sparks, 2016, p. 33).
So many schools reflect such negative data; therefore, there must be a gap between research and practice.
The author suggests "that school leaders using RTI for early-grades reading should re-examine how they identify students and what interventions they provide to them (Sparks, 2016, p. 35).

SPARKS, S. D. (2016). RTI Practice Falls Short of Promise. Education Digest, 81(7), 31–35. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=a9h&AN=113072598&site=eds-live
]]> 2019-07-19 04:43:17 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658009 Slide #7: Texas Education Agency Chapter (TEA) 89. Adaptations for Special Populations §89.1011. Full Individual and Initial Evaluation - Administrative Law marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658201 TEA’s Adaptation for Special Populations section 89.1011 discusses the referral process of potential special education students. This process must be
part of the district’s referral and screening process which would include support services that are available to all students like, tutorials, behavior support, response to intervention. If the student still shows difficulty in the general education setting, personnel must make a referral for a full evaluation of the child. This process may also be initiated the child’s family, school personnel , or anyone
affiliated with the child’s education or the care of the child.

19 Tex. Admin. Code § 89.1011
Administrative Law
http://ritter.tea.state.tx.us/rules/tac/chapter089/
• Summary: ]]> 2019-07-19 04:45:50 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658201 Slide #6: Every Student Succeeds Act (ESSA) - Statutory Law marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658260 The ESSA replaced the No Child Left Behind Act (NCLB) and
amends the Elementary and Secondary Education Act of 1965 (ESEA). This law
aims to provide all children with a quality education—this includes children who
receive special education services. ESSA recommends that districts use a multitiered system of support to assess for academic and behavior needs.

Every Student Succeeds Act of 2015, 20 U.S.C. § 6301 (2015)
https://www.congress.gov/bill/114th-congress/senate-bill/1177]]> 2019-07-19 04:46:43 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658260 Padlet Slide #11: American School Counselor Association (ASCA) Ethical Standards for Counselors marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658502 American School Counselor Association (ASCA) Ethical Standards for Counselors
A.2.h. states that school counselors have the responsibility to "Provide effective, responsive interventions to address student
needs (ASCA, 2016, p. 1).
Concerning the identification of special education students, school counselors must utilize the tools they have effectively to provide the student with the services they need.
Example Scenario: You are experiencing your typical hectic day with individual counseling in the morning, a group session midday, and Tier 2 and 3 RTI observations during the afternoon. Due to lack of time, it can be tempting to rush through the assigned interventions. However, it is vital that RTI is utilized with fidelity to ensure that  the students' needs are being addressed.
Based on the information presented throughout this resource, it is evident that RTI is a complex tool that needs to be executed the way it was intended.  According to the ASCA Ethical Standards for Counselors, counselors are obligated to provide effective and responsive interventions to assist students; this includes students who may require special education services (ASCA) Ethical Standard (ASCA, 2016, p. 1).

American School Counselor Association (ASCA). (n.d.). Retrieved July 16, 2019, from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

]]> 2019-07-19 04:50:13 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658502 Slide #12: Non-Law Source - The School Counselor's Guide to Special Education marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658572 This resource is known as an all-in-one reference for counselors in assisting students with special needs. This book explains best practices for counselors in meeting the academic, social, and post-secondary needs of special education students. 
The following questions are asked:
  • What is the role of the counselor within special education?
  • How do school counselors assist with special education students?

The School Counselor's Guide to Special Education. (2019, May 21). Retrieved July 19, 2019, from http://us.corwin.com/en-us/nam/the-school-counselors-guide-to-special-education/book232915
]]> 2019-07-19 04:51:12 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658572 Slide #13: Best Practices for School Counselors in the Identification of Special Education Students marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371658590 Best practices for school counselors regarding special education identification include:
  • Understanding of the federal law, Child Find (See Slide #8), and your role in ensuring the school staff understand their legal obligations in the identification of students with disabilities.
  • Knowledge of the current policies within the Every Student Succeeds Act (2015) (See Slide #6) and the recommendations of a multitiered system such as RTI to assess the academic and behavior needs of students.
  • Knowledge of TEA's Adaptation for Special Populations section 89.1011 (See Slide #7) and the referral process used to identify potential students with special needs. 
  • Understanding of their obligation to make ethically sound decisions under the  American School Counselor Association (ASCA) Ethical Standards for Counselors, specifically, the responsibility to "Provide effective, responsive interventions to address student needs (ASCA, 2016, p. 1).
  • Documentation is vital when collecting data for children with suspected disabilities; be sure to stick to the facts, and avoid adding personal opinions (J.Moore, personal communication, July 12, 2019).  
  • Attend special education training related to legal updates and identification as much as possible (J.Moore, personal communication, July 12, 2019). 
]]> 2019-07-19 04:51:37 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371658590 Slide #10: Carrollton-Farmers Branch ISD Child Find Policy marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371713826 Educators who work within Carrollton-Farmers Branch ISD must be familiar with their obligations to aid in the identification of students who may have special needs.
As counselors, it is vital to stress the importance of Child Find to staff members to ensure that they are upholding their legal obligations, as well as ensuring that all students are receiving the education that fit their individual and unique needs.

Carrollton-Farmers Branch ISD Board Policy Manual. (n.d.). Retrieved July 16, 2019, from https://pol.tasb.org/Policy/Download/359?filename=EHBAA(LEGAL).pdf

]]> 2019-07-19 18:15:24 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371713826 Slide #8: Child Find - Administrative Law (Federal) marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371713842 Child Find ensures that each state has policies and procedures to identify, locate, and evaluate all children with disabilities regardless of the
severity of their disability, children who are homeless or wards of the state, as well as those who attend private schools.
Each state must also have a method used to determine the students who are in need of special education or related services.

34 C.F.R. § 300.111
https://www.govinfo.gov/app/details/CFR-2012-title34-vol2/CFR-2012-title34-vol2-sec300-111 ]]> 2019-07-19 18:15:55 UTC https://padlet.com/marriers/rsh5edsk62gl/wish/371713842 Slide #9: W.B. v. Matula - Judicial Law marriers https://padlet.com/marriers/rsh5edsk62gl/wish/371713871 A mother attempted to have her son’s school evaluate her son multiple times; however, the school officials and teachers refused to evaluate her son.
After taking him to receive an evaluation through a private psychologist for an evaluation, her son was diagnosed with several neurological problems. After the school refused to reimburse the mother for the independent evaluation, she requested Due Process and the case was appealed to the U.S. Court of Appeals for the Third Circuit.
  • The court found that several statutes were violated including Section 504, procedural due process, rights under IDEA, conspiracy to interfere with civil rights, and violations under New Jersey Constitution and statues.

    W. B. v. Matula, 67 F.3d. 484 (3rd Cir. 1995)
    https://www.wrightslaw.com/law/caselaw/3rd.wb.matula.pdf

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