IDEA Requirements and Practices for School Counselors by https://padlet.com/nshirley/t0psaoxduf15 By Nicole Shirley en-us 2019-10-02 00:23:01 UTC 2025-09-30 09:04:03 UTC hello@padlet.com Slide #13 Best Practices for Legal Compliance nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393951411
  • Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to free appropriate public education (FAPE) in a general education setting in the least restrictive environment (LRE),regardless of the student’s abilities.
  • IDEA requires that schools conduct appropriate evaluations of students who are suspected of having a disability by a team of knowledgeable and trained evaluators. This team includes the student, parent of student, general and special education teacher, evaluation expert, school system representative, and various specialists, done on a non-discriminatory basis.
  • When students are evaluated, they should not be subjected to unnecessary assessments or testing. Evaluations are for the student’s education, instruction, and their eligibility for special education services. 
  • An Individualized Education Plan (IEP) under IDEA, is a written document that is developed by the school’s IEP team using evaluation information to meet the student’s individual needs. Information on the IEP should include information about the student’s present educational performance, annual and benchmarking goals, services and additional aids, and any instances when and why a student is not partaking in the general classroom. 
  • Family involvement is at a huge component of IDEA, 504, and special education accommodations for students with special needs and disabilities. This means parents of a child with disabilities are a part of any group who decides placement and LRE of that child. Working together pinpoints the exact support, adaptations and modifications that are necessary to facilitate academic success.
  • Under IDEA, parents have a right to review any educational records pertaining to their child, are notified of meetings prior to evaluations, and obtain and consider an Independent Educational Evaluation (IEE) during meetings.
  • School counselors and any staff in direct contact with a student with disabilities are required by their districts to comply with any special education, 504, or IEP accommodations that have been set.
  • Counselors who work with students with disabilities must be knowledgeable in the best and most current practices, educational laws, and special education regulations. This ensures they are fully supported to excel academically, personally, socially, and with career development. Counselors will work in a variety of settings including one-on-one, in groups, in special education classrooms, and in regular classrooms.
  • Removal of students with disabilities for regular classrooms should only transpire if the severity of the disability is prohibiting the student(s) from satisfactory performance.
  • Parents have the right to request mediation or due process hearings with state-level education agencies, and beyond that may appeal the decision in state or federal court if there are any disagreements (Saleh, n.d.).

    • Saleh, M. (n.d.). Your child’s rights: 6 principles of IDEA. Retrieved from https://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-6-principles-of-idea/
    ]]>     2019-10-05 16:26:48 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393951411     Slide #12 Non-Law Source nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393955473 Article - School Counselors’ Attitudes Towards Providing Services to Students Receiving Section 504 Classroom Accommodations
     
    Counselors question their capabilities when assisting students with special needs. This study examined school counselors’ training and attitudes toward providing services to students with learning disabilities who qualified for services only under Section 504 of the Rehabilitation Act. Counselors strongly support providing services to students with special needs, but felt they lack educational experience, and feel unprepared to implement specialized services. School counselors agree they would benefit from additional training when counseling students with learning disabilities (Romano, Paradise & Green, 2009).
     
    Romano, D. M., Paradise, L. V., & Green, E. J. (2009). School Counselors’ Attitudes towards Providing Services to Students Receiving Section 504 Classroom Accommodations: Implications for School Counselor Educators. Journal of School Counseling, 7(37). Retrieved from https://files.eric.ed.gov/fulltext/EJ886151.pdf
    ]]>     2019-10-05 16:47:39 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393955473     Slide #11 Ethical Principle nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393956316 A.10. Underserved and At-Risk Populations 
     
    • f. Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need.
    • g. Recognize the strengths of students with disabilities as well as their challenges and provide best practices and current research in supporting their academic, career and social/emotional needs.
    School counselors provide equitable educational access and success through advocacy, leadership, collaboration, and consultation. They advocate for an education system that provides the best learning environments for all students (ASCA, 2016).
     
    American School Counseling Association (ASCA). (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
    ]]>     2019-10-05 16:51:57 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393956316     Slide #10 Local Administrative Law/Policy/Rule nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393956579 San Angelo Independent School District Student Handbook (2019)
     
    School counselors are available to both students and parents. Personal counseling is also available to assist students in areas of personal concerns, including social, family, emotional or mental health issues, or substance abuse. Parents may contact counselors if they are concerned about their child’s mental or emotional health. Counselors can provide a list of resources that may help. All school districts must consider any academic or behavior support services for students who are having learning difficulties, need special education, or section 504 services. Special education referrals can be done through written or verbal request by a parent (SAISD, 2019).
     
    San Angelo ISD Student Handbook. (2019). Counseling; A student who has learning difficulties or who needs special education or section 504 services. (2019). Retrieved from https://www.saisd.org/docs/student_services/Student%20Handbook%202019-2020.pdf
    ]]>     2019-10-05 16:53:19 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393956579     Slide #9 Statutory Law: Section 504 of the Rehabilitation Act of 1973 (29 USC § 701) nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393957064
  • Section 504 of the Rehabilitation Act of 1973 was the first law set to protect the rights of people with disabilities. 
  • Section 504 ensures that students with disabilities are protected from exclusion and unequal treatment at school. 
  • Section 504 requires that students with disabilities receive special education and aids, so to fulfill the requirements for FAPE.  A school counselor serves as an advocate for students as well as an effective communicator, collaborator, problem solver, interventionist, liaison, and mental health specialist. All of these make them an essential member of the 504 team. 
    •  
    Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 29 USC § 701, 87 Stat. 394 (1973)
    https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973
    ]]>     2019-10-05 16:55:38 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393957064     Slide #8 Judicial Law: Mills v. Board of Education (1972) nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393957611
  • Class action lawsuit same year as the famous PARC v. Commonwealth of Pennsylvania (1972) case on behalf of the seven children were denied the right to FAPE. 
  • They were denied because of their mental, behavioral, physical or emotional disabilities. 
  • The Judge ruled that the Board of Education would pay for FAPE or alternate education for all students irrespective of their needs or the cost. 
  • Denial of FAPE to a disabled child must be given due process proceedings first. 
  • Also, without a proper hearing, students with disabilities could not be suspended for more than two days at a time (Mills v. Board., 1972). 
    •  
    Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C. 91972)
    https://law.justia.com/cases/federal/district-courts/FSupp/348/866/2010674/
    ]]>     2019-10-05 16:57:58 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393957611     Slide #7 Statutory Law: Individuals with Disabilities Education Act (20 USC § 1400) nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393957873
  • Individuals with Disabilities Education Act (IDEA) was signed into law by former President, George W. Bush. 
  • The primary purpose is to provide free appropriate public education (FAPE) to children with disabilities. 
  • At no cost to families, students suspected of disabilities are evaluated. If a student is found to have a qualifying disability, the school must provide them with special education and related services to meet their needs for success. 
  • IDEA includes 6 pillars: FAPE, least restrictive environment (LRE), individualized education plan (IEP), evaluation, parent/student participation, and all procedural safeguards for participants. 
  • For school counselors, they must encourage and support the academic, career, and social/emotional development of all students. They are committed to helping all students realize and meet their potential. This includes serving in any supervisory capacity related to the implementation of the IDEA.
    •  
    Individuals with Disabilities Act, 20 USC § 1400 (1997)
    https://uscode.house.gov
    ]]>     2019-10-05 16:59:17 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393957873     Slide #6 Judicial Law: Board of Education of the Hendrick Hudson Central School District v. Rowley (1982) nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393958404
  • Board of Education v. Rowley is the case of Amy, a deaf kindergarten student and her parents who with the school developed an individualized education plan (IEP) which included an interpreter. 
  • The school failed to see the need for the interpreter and thought a hearing aid, tutoring, and speech therapy was sufficient. 
  • Her parents argued that without the interpreter, Amy was only understanding about 60 percent of all information/instruction. 
  • The court ruled in favor of the school since Amy was actually learning. 
  • The Rowley Two-Part was designed and determined whether FAPE is being met according to a student’s IEP. Students did not need to have maximum support as long as there was enough to receive educational benefits. 
  • School counselors provide both direct and indirect services to students in the LRE determined by their IEPs. One responsibility of school counselors may include short-term, goal-focused counseling in instances where it is appropriate to include these strategies as a part of the student’s IEP or 504 plan (Board of Ed. Of HHCD V. Rowley, 1982).  
    •  
    Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982)
    https://www.law.cornell.edu/supremecourt/text/458/176
    ]]>     2019-10-05 17:02:04 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393958404     Slide #5 Current News Article nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393959814
  • This article discusses how students with disabilities, particularly black students, are being suspended at a higher rate than their peers. Missing three times as many days of school in suspension than white classmates with disabilities.
  • These suspensions are greatly increasing the likelihood a student will be in the criminal justice system behind missing so much school according to research.
  • Data from Mississippi’s 2015-16 school year, reports113 days of school were missed for every 100 black students with disabilities, compared to 44 for their disabled white classmates (Mader, 2018).
  • Students with emotional disturbances and learning disabilities in the juvenile system make up 70 percent of the population.
  • It was reported the problem was lack of training for teachers, and a shortage of counselors. 
  • If teachers are not trained to deal with students with disabilities, then IDEA practices are not being met. 
  • If there are not enough counselors present and available, then there is a shortage of qualifying staff to advocate for students with disabilities.
  • Under IDEA and FAPE students must be granted due process hearings. Without a proper hearing, students with disabilities cannot be suspended for more than two days at a time (Paterson, 2018).
    •  
    Mader, J. (2018). Why are these mississippi students missing so much school? Retrieved from https://hechingerreport.org/why-these-mississippi-students-are-missing-so-much-school/
    Paterson, J. (2018). Students with disabilities miss 'opportunities to learn' when suspended. Retrieved from https://www.educationdive.com/news/students-with-disabilities-miss-opportunities-to-learn-when-suspended/523156/
    ]]>     2019-10-05 17:09:03 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393959814     Slide #4 Current News Article nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393961415
  • This article discusses an investigation of admission policies at the New College of Florida, who by their former admissions dean, discriminated against students with mental health issues. 
  • IDEA requirements are not the same for college students. Section 504 of the Rehabilitation Act of 1973 still protects college students from discrimination. Students can receive accommodations, but must seek out the support they need being more of a self-advocate versus a staff member or counselor advocating on their behalf. 
  • The dean of enrollment management, Dr. Joy Hamm, had applicants who wrote about mental health issues flagged for a special review. Some of them were rejected even if they met the requirements for admission.
  • The U.S. Education Department, during the Obama administration, published guidance for students and colleges on transitions to postsecondary education for students with disabilities. The guidance says that disability status cannot be the reason for rejection.
  • Dr. Hamm was replaced and New College of Florida is implementing a comprehensive review of the admissions process to ensure that all applicants, including those who disclose a disability or mental illness, are treated fairly and equitably in accordance with transparent admissions criteria (Jaschik, 2019).
    •  
    Jaschik, S. (2019). College found to discriminate on mental health. Retrieved from https://www.insidehighered.com/admissions/article/2019/08/27/new-college-florida-found-discriminate-against-applicants-mental
    ]]>     2019-10-05 17:17:05 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393961415     Slide #3 Professional Association nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393961687 American School Counselor Association

    School counselors support their students through their academic, career and social/emotional developments. They are committed to helping all students, including those with disabilities and other special needs, reach their full potential despite any challenges they may have. School counselors implement best practices when working with students with disabilities, while also recognizing the strengths and limitations often accompanied with this group of students. IDEA defines a disability as anyone with autism, deafness, blindness, developmental delay, emotional disturbance, intellectual disability, orthopedic, speech, language, or any health impairments, learning disability, or traumatic brain injury. School counselors provide both direct and indirect services to students in the LRE determined by their IEPs (American School Counselor Association, 2016). This is a great resource on the responsibilities school counselors have within IDEA requirements. 

    American School Counselor Association. (2016). The school counselor and students with 
    disabilities. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Disabilities.pdf
     
    ]]>     2019-10-05 17:18:34 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393961687     Slide #2 Interview nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393961992 My interview was with the Counselor at Austin Elementary School, Mrs. Jana Castro. I asked Mrs. Castro some questions about her requirements and practices regarding IDEA as a current school counselor.
     
    Can you tell me how this legal issue impacts your work? 
    IDEA is important to every school staff member, including school counselors, and requires that every counselor/campus ensures that all students are receiving an education in the least restrictive environment (LRE), regardless of the student’s abilities. 
     
    What are some best practices related to IDEA guidelines?
    • Providing school counseling curriculum lessons, individual and/or group counseling to students with special needs within the scope of the school counseling program
    • Providing short-term, goal-focused counseling in instances where it is appropriate to include these strategies as a part of the Individualized Education Plan (IEP) or 504 plan.
    • Encouraging family involvement in the educational process.
    • Consulting and collaborating with staff and families to understand the special needs of a student and understanding the adaptations and modifications needed to assist the student.
    • Advocating for students with special needs in the school and in the community.
    • Contributing to the school’s multidisciplinary team within the scope and practice of the school counseling program to identify students who may need to be assessed to determine special education or 504 plan eligibility.
     
    Are there legal requirements or compliance issues you regularly monitor or have to be attentive to in this area? 
    Special education, 504, and EL are regular accommodations that must be followed by all staff members that are in direct contact with any student with disabilities. 
     
    Are there any policies or rules you have currently written or revised related to this issue? 
    No, not at my level. Any of this would be done at the district level.
     
    Do court cases related to IDEA and their decisions impact your work? 
    This does not impact my work currently
     
    Is there current or pending legislation related to this issue? 
    Current or pending legislation related to IDEA is as follows: 
    IDEA Full Funding Act was introduced into Senate (03/13/2018)
    This bill amends the Individuals with Disabilities Education Act to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities.
    The bill sets the amount to be appropriated for each fiscal year from FY2018-FY2026 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. The bill appropriates funds for FY2027 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula (Congressional Research Service, 2017). 
     
    Are there certain student or employee rights that relate to this issue? 
    IDEA does not provide legal rights to teachers, with a few exceptions (for example, you should have access to your students’ IEPs).
     
    Can you share a situation related to this issue and how you resolved it? 
    In some cases, teachers may have not received an updated IEP or 504 plan or unaware of changes that need to be put in place. Using best practices, we use an Accommodation Plan Distribution page where teacher have to sign and date that they received the appropriate information.
     
    Have you attended or provided any trainings recently on this topic, what? 
    No, not specifically related to the topic.
     
    How do you stay current on this topic?
    As a district, any information that needs to be shared would be sent through email but no formal meetings take place.
     
    (J. Castro, personal communication, October 1, 2019).

    Congressional Research Service. (2017). Idea full funding act. Retrieved from https://www.congress.gov/bill/115th-congress/senate-bill/2542
    ]]>     2019-10-05 17:20:17 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393961992     Slide #1 Professional Perspective/Audience/Topic nshirley https://padlet.com/nshirley/t0psaoxduf15/wish/393962480 I am a college student enrolled in the Guidance and Counseling program at Angelo State University. My future profession will include teaching for a few years before moving into a school counselor position at either an elementary or middle school. This Legal Guide Padlet is about Individuals with Disabilities Education Act (IDEA) Requirements and Practices for School Counselors. Its intended audience are school counselors, educators, administrative staff, and also parents. The information in this padlet can be very resourceful to anyone working with students with disabilities, especially in a school setting. Hopefully this padlet will help them understand the current IDEA legal requirements, as well as the role and commitment each school counselor has to their students. I chose this topic because of its importance to public schools, as there are more than seven million students with disabilities in our schools today. This means the likelihood of encountering a student with special needs or disabilities is very high. As a future school counselor, it will be my job to support the social, emotional, academic, and career development of all students including those with disabilities and/or special needs. This is a great way to become more informed and well-versed with this topic/requirement prior to stepping into the role.]]> 2019-10-05 17:22:38 UTC https://padlet.com/nshirley/t0psaoxduf15/wish/393962480