Identification of Special Education Students by Beatrice Aguilar https://padlet.com/baguilar71/xfir445wu04 Legal Guide en-us 2019-11-10 23:15:14 UTC 2025-12-09 17:15:31 UTC hello@padlet.com Slide #13: Best Practices for Compliance baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056314
  • Keep track of strategies used and whether or not they were successful
  • Monitor and document student progress
  • Be aware of laws relating to special education - this is where compliance comes from. It is important to know and understand the laws so that you can determine whether or not you are in compliance.
  • Fill out special education teacher reports accurately and honestly
  • Read student's IEP thoroughly and provide the supports outlined in that legal document
  • If you are unsure about referring a student to special education, speak to the Diagnostician, Counselors, or school administrators.
  • If there are further questions about compliance, reach out to our district's special education department for further guidance
  • Establish and maintain an open line of communication with parents. 
    • ]]>     2019-12-06 23:18:11 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056314     Slide #12: Non-Law Source baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056891 Understanding the Special Education Process. (2013). Retrieved from Special Education Guide website: https://www.specialeducationguide.com/pre-k-12/what-is-special-education/the-special-education-process-explained/
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    link: https://www.specialeducationguide.com/pre-k-12/what-is-special-education/the-special-education-process-explained/

    • This source provides information on the special education identification and referral process. It is helpful to educators and parents that are looking to learn more about how special education works and what to expect throughout the process (“Understanding the Special Education Process,” 2013).  
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    ]]>     2019-12-06 23:22:01 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056891     Slide #11: Ethical Principle baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056924 American School Counselors Association Standard A.6c:

    "School counselors connect  students with services provided through the local school district and community agencies and remain aware of
    state laws and local district policies related to students with
    special needs, including limits to confidentiality and notification
    to authorities as appropriate" (ASCA Ethical Standards for School Counselors, 2016).

    • This standard is related to identification of special education students because counselors are expected to connect students, including students with special needs, to district resources which could include special education programs. This standard also states that school counselors must be aware of "state laws and local district policies related to students with special needs" (ASCA Ethical Standards for School Counselors, 2016).

    Reference:
    American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

    link: https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

    ]]>     2019-12-06 23:22:09 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056924     Slide #10: Local Administrative Law/Policy/Rule baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056941 LISD Special Education Referral Policy - How to begin the referral process
    • If a student exhibits academic, language, or behavioral challenges the teacher is to:
      • implement Tier 1 strategies for 6 - 8 weeks.
      • monitor student progress
      • document strategies used and how effective they were
    This policy/rule was selected because it outlines how our school district requires schools within the district to begin and complete the referral process. Our school district provides a student-centered approach throughout the referral process.

    (no link available)

    Lubbock Independent School District. (2013). Special Education Referral Process Policy.

    ]]>     2019-12-06 23:22:16 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056941     Slide #9: Original Source of Law #4 baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056958 Public Education, 29. Tex. Educ. Code § 29.004 (Statutory Law)
    • This law explains the regulations on full individual and initial evaluations. 
    • It outlines the timeframes that evaluations must take place within, and explains parents’ rights under this law.
    link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#29.004 
    ]]>     2019-12-06 23:22:24 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056958     Slide #8: Original Source of Law #3 baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056978 Texas Education Code, Chapter 29 §29.003 (Statutory Law) 
    • This law describes eligibility criteria in order to participate in Special Education programs in Texas. 
    • Physical disabilities, intellectual or developmental, emotional disturbance, learning disability, autism, speech disability, or traumatic brain injuries are considered eligible disabilities under this code. 

    link: https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=ED%2fED.29&Phrases=special%7ceducation&HighlightType=1&ExactPhrase=False&QueryText=special+education 
    ]]>     2019-12-06 23:22:36 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056978     Slide #7: Original Source of Law #2 baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421056999  Americans with Disabilities Act of 1990 (42 USC §12101) (Statutory Law)
    • This law states that people with disabilities should not be discriminated against and should be able to participate in all aspects of society, including public education. 

    link: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim 
    ]]>     2019-12-06 23:22:43 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421056999     Slide #6: Original Source of Law #1 baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057023 Individuals with Disabilities Act (IDEA) 2004 (Statutory Law) 
    20 U.S. Code § 1400 (2004)
    • IDEA provides a free, public education to students with disabilities and ensures that they receive the proper services and supports throughout their academic career. 
    link: https://uscode.house.gov/view.xhtml?req=(title:20%20section:1400%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1400)&f=treesort&edition=prelim&num=0&jumpTo=true 

    ]]>     2019-12-06 23:22:50 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057023     Slide #5: Current News Article #2 on Identification of Special Education Students baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057045
  • Previously, research suggested that Black and Hispanic students were over identified as needing special education services. Current research shows that minority students are less likely to become identified as a special education student (Samuels, 2019). 
  • Where students went to school determined whether or not they were enrolled in special education programs. This study shows that minority students who attended a school with a student body that consisted mostly of White students were more likely to be identified as needing special education services compared to minority students attending schools with a minority student body (Samuels, 2019). 

    • link: http://blogs.edweek.org/edweek/speced/2019/05/minorities_special_education_florida_study.html

    Reference:
    Samuels, C. (2019, May 28). Are Black and Hispanic Students Identified for Special Education Too Often or Not Enough? Maybe It’s Both. Retrieved December 7, 2019, from Education Week - On Special Education website: http://blogs.edweek.org/edweek/speced/2019/05/minorities_special_education_florida_study.html

    ]]>     2019-12-06 23:22:57 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057045     Slide #4: Current News Article #1 on Identification of Special Education Students baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057061
  • The state of Texas illegally pressured school districts into suppressing the number of students referred and placed in special education programs (Samuels, 2018). 
  • The U.S. Department of Education determined that the state of Texas violated the Individuals with Disabilities Education Act (IDEA) by scrutinizing districts that were above 8.5% of special education student population (Samuels, 2018). 
  • The Office of Special Education Programs (OSEP) provided a list of actions that the state of Texas must take to work towards correcting the damage that the recently rescinded policy, has caused (Samuels 2018).

    • link: https://blogs.edweek.org/edweek/speced/2018/01/texas_illegally_suppressed_special_education_enrollment.html

    Reference:
    Samuels, C. (2018, January 11). Texas Illegally Suppressed Special Education   Enrollment, Ed. Dept. Finds. Retrieved December 7, 2019, from Education Week - On Special Education website: https://blogs.edweek.org/edweek/speced/2018/01/texas_illegally_suppressed_special_education_enrollment.html

    ]]>     2019-12-06 23:23:04 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057061     Slide #3: Professional Association baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057084 This resource on disproportionality provides an overview on the occurrence of inappropriate identification of culturally and linguistically diverse students. According to this article, "research suggests that a child's race and ethnicity significantly influence the probability that he or she will be misidentified as needing special education services and that disproportionality can have immediate and long term effects" (Mf PB02 Disproportionality, 2008). Misidentification can have adverse affects on the child. For example, misidentified students are likely not propelled to higher levels of thinking and more rigorous instruction due to being falsely identified as needing special education supports.

    link: http://www.nea.org/assets/docs/HE/mf_PB02_Disproportionality.pdf

    Reference:
    Mf PB02 Disproportionality. (2008). Retrieved from   http://www.nea.org/assets/docs/HE/mf_PB02_Disproportionality.pdf
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    ]]>     2019-12-06 23:23:13 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057084     Slide #2: Interview baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057102 In an effort to learn more about identification of special education students, I interviewed my school's full-time diagnostician. Her name is Kimberly Elliott and works at O.L. Slaton Middle School in the Lubbock Independent School District (LISD). 
    • Importance of Identification of Special Education Students in the field of education: Identification of Special education students is important to the field of education from the teacher perspective because it is imperative that teachers have some background knowledge about the referral process and  the evaluations that may be conducted in order to better serve their special education students in the classroom. From the school counselor perspective, it is important  to understand the identification process in order to discern the learning disabilities the student is dealing with .  This allows the counselor to fully understand the scope of what they are working with in each special education student. Counselors are then able to use their counseling skills to work with the student with academic and behavior strategies to ensure that the student is successful. Identification of special education students is important to the general field of education because the identification process helps to ensure that we are not over or under identifying students to special education programs.  
    • Best Practices Related to Identification of Special Education Students:
      • Do not be quick to assume that students need to be in Special Education because they are struggling, try other supports such as a academic interventions or a Student Support Team Referral (SST) first. If that proves to be unsuccessful, move on towards a 504 referral. If 504 does not work, then as a teacher, recommend the possibility of a special education evaluation. 
      • Teachers must keep documentation on what supports have been provided to the student and whether or not they have been successful. In order for a special education evaluation to take place, there must be an abundance of data and documentation to support the need. Student work samples and daily logs are good sources of data and documentation. 
      • Parent communication is key. Parents will ultimately need to give consent to have their child evaluated for special education services. Keeping the parent up to date with their child's progress will help the parent to determine whether or not a special education evaluation is what is best for their child's academic success. 
    • Emerging issue in Identification of Special Education Students
      • There is currently an issue in identifying Dyslexia as a learning disability that qualifies a student for special education services in the areas of reading and reading comprehension. There seems to be a misconception among schools that they are not required to provide special education services to students that have been identified as having Dyslexia. Dyslexia, however, is listed as a disability that could potentially be serviced under special education if it has impacted the child's ability to learn, specifically in the area of reading. As per my interview with Kimberly Elliott, a Diagnostician in LISD, this is a big conversation in the Special Education Department in our district (personal communication, December 4, 2019) . It seems as though there will be more to come on this topic!

    ]]>     2019-12-06 23:23:18 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057102     Slide #1: Professional Perspective/Audience/Topic baguilar71 https://padlet.com/baguilar71/xfir445wu04/wish/421057121 My professional perspective will be from the school counselor's role. As a future school counselor, I feel that it is important to address identification of special education students. My target audience will be teachers. This is an important topic for teachers because special education can be very confusing and overwhelming for new and veteran teachers. The goal is to provide teachers information on the identification of special education students that is easy to understand and hopefully become a go-to reference as needed. ]]> 2019-12-06 23:23:24 UTC https://padlet.com/baguilar71/xfir445wu04/wish/421057121