♿Special Education Unit 10 – Legal & Ethical Issues in Special Education

Key Concepts and Terminology

• Special education provides individualized instruction and support for students with disabilities to ensure they have equal access to education
• Individuals with Disabilities Education Act (IDEA) is the primary federal law governing special education services in the United States
• Free Appropriate Public Education (FAPE) entitles all students with disabilities to a public education tailored to their individual needs at no cost to families
• Least Restrictive Environment (LRE) requires students with disabilities to be educated alongside their non-disabled peers to the maximum extent appropriate
• Individualized Education Program (IEP) is a written document outlining the educational goals, accommodations, and services for a student with a disability
  • Developed by a team including parents, teachers, and specialists
  • Reviewed and revised annually to ensure the student's needs are met
• Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in programs receiving federal funding, including public schools
• Americans with Disabilities Act (ADA) extends anti-discrimination protections to all areas of public life, including education
• Due process ensures that parents have the right to participate in decisions regarding their child's education and to challenge school decisions through impartial hearings

Historical Context of Special Education Law

• Early 20th century saw the rise of special education classes and schools, often segregated from general education
• Brown v. Board of Education (1954) established that segregation in public schools is unconstitutional, paving the way for inclusive education
• 1960s and 1970s marked a shift towards deinstitutionalization and mainstreaming of students with disabilities
  • Influenced by civil rights movement and growing awareness of the rights of individuals with disabilities
• Education for All Handicapped Children Act (1975) mandated free appropriate public education for all children with disabilities
  • Later renamed the Individuals with Disabilities Education Act (IDEA)
• Regular Education Initiative (1980s) promoted the inclusion of students with disabilities in general education classrooms with appropriate support
• 1990 Americans with Disabilities Act (ADA) extended anti-discrimination protections to all areas of public life, including education
• 2004 reauthorization of IDEA emphasized the importance of early intervention, evidence-based practices, and accountability for student progress
• Ongoing efforts to promote inclusive education and ensure equal access for students with disabilities in all aspects of school life

Major Federal Laws and Regulations

• Individuals with Disabilities Education Act (IDEA) is the primary federal law governing special education services in the United States
  • Ensures free appropriate public education (FAPE) for all students with disabilities
  • Requires individualized education programs (IEPs) tailored to each student's needs
  • Mandates education in the least restrictive environment (LRE) alongside non-disabled peers
• Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in programs receiving federal funding, including public schools
  • Requires schools to provide accommodations and modifications to ensure equal access for students with disabilities
• Americans with Disabilities Act (ADA) extends anti-discrimination protections to all areas of public life, including education
  • Requires schools to make reasonable accommodations for students with disabilities
  • Prohibits discrimination in admission, participation, and benefits of educational programs
• Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records, including special education documents
• No Child Left Behind Act (NCLB) and Every Student Succeeds Act (ESSA) emphasize accountability and high standards for all students, including those with disabilities
• Assistive Technology Act supports access to assistive technology devices and services for individuals with disabilities to promote independence and inclusion

Rights of Students with Disabilities

• Free Appropriate Public Education (FAPE) entitles all students with disabilities to a public education tailored to their individual needs at no cost to families
  • Includes special education and related services necessary for the student to benefit from their education
• Least Restrictive Environment (LRE) requires students with disabilities to be educated alongside their non-disabled peers to the maximum extent appropriate
  • Placement decisions must be made on an individual basis, considering the student's unique needs
  • Continuum of placement options should be available, from full inclusion to more restrictive settings
• Individualized Education Program (IEP) outlines the educational goals, accommodations, and services for a student with a disability
  • Developed by a team including parents, teachers, and specialists
  • Must be reviewed and revised annually to ensure the student's needs are met
• Due process ensures that parents have the right to participate in decisions regarding their child's education and to challenge school decisions through impartial hearings
• Non-discrimination in all aspects of education, including admission, participation, and discipline
• Access to appropriate accommodations, modifications, and assistive technology to support learning and participation
• Transition planning to prepare students with disabilities for post-secondary education, employment, and independent living

Individualized Education Programs (IEPs)

• An IEP is a written document outlining the educational goals, accommodations, and services for a student with a disability
• Developed by a team including parents, teachers, special education professionals, and the student (when appropriate)
  • Team members bring unique perspectives and expertise to the process
  • Collaboration and open communication are essential for effective IEP development
• IEP components include:
  • Present levels of academic achievement and functional performance
  • Measurable annual goals aligned with grade-level standards
  • Special education services, related services, and supplementary aids and services
  • Accommodations and modifications needed for the student to access the curriculum and demonstrate learning
  • Participation in state and district-wide assessments, with accommodations as needed
  • Transition planning for students age 16 and older
• IEPs must be reviewed and revised annually to ensure the student's needs are met and progress is being made towards goals
• Implementation of the IEP is a shared responsibility of all educators working with the student
  • Regular progress monitoring and data collection to inform instructional decisions
  • Ongoing collaboration and communication among team members to ensure consistency and effectiveness of services

Ethical Considerations in Special Education

• Ensuring equity and access for all students, regardless of disability status
  • Providing appropriate accommodations and modifications to support learning and participation
  • Promoting inclusive practices and challenging stereotypes and discrimination
• Maintaining confidentiality of student information and records in accordance with FERPA and professional ethics
• Engaging in culturally responsive practices and considering the diverse backgrounds and experiences of students and families
  • Recognizing the impact of intersectionality on the experiences of students with disabilities
  • Collaborating with families and respecting their unique perspectives and expertise
• Advocating for the rights and needs of students with disabilities in educational decision-making and policy development
• Engaging in ongoing professional development to stay current with evidence-based practices and legal requirements in special education
• Addressing disproportionality in special education identification, placement, and discipline
  • Examining and addressing bias in referral and assessment processes
  • Implementing culturally responsive interventions and supports
• Balancing the needs and rights of individual students with the broader needs of the school community
• Promoting self-determination and student voice in educational planning and decision-making

Challenges and Controversies

• Disproportionality in special education identification, placement, and discipline, particularly for students of color and those from low-income backgrounds
  • Overrepresentation in more restrictive settings and exclusionary discipline practices
  • Need for culturally responsive practices and addressing bias in referral and assessment processes
• Inclusion vs. specialized settings debate
  • Balancing the benefits of inclusion with the need for individualized support and services
  • Ensuring adequate resources and training for educators to effectively implement inclusive practices
• Funding and resource allocation for special education programs and services
  • Disparities in funding across states and districts
  • Impact on the quality and availability of services for students with disabilities
• Discipline and the school-to-prison pipeline for students with disabilities
  • Overuse of exclusionary discipline practices, such as suspension and expulsion
  • Need for positive behavioral interventions and supports (PBIS) and restorative practices
• Transition planning and post-secondary outcomes for students with disabilities
  • Ensuring access to higher education, employment, and independent living opportunities
  • Importance of self-determination skills and student involvement in transition planning
• Intersection of special education with other equity issues, such as race, socioeconomic status, and English language learner status
• Balancing the rights of students with disabilities with the needs of the broader school community, such as in cases of disruptive or dangerous behavior

Practical Applications and Case Studies

• Implementing Universal Design for Learning (UDL) principles to create accessible and engaging learning environments for all students
  • Providing multiple means of representation, action and expression, and engagement
  • Benefiting students with and without disabilities by addressing diverse learning needs
• Collaborating with general education teachers to develop and implement inclusive practices
  • Co-teaching models and shared responsibility for student learning
  • Differentiated instruction and accommodations to support diverse learners
• Developing and monitoring individualized behavior intervention plans (BIPs) for students with challenging behaviors
  • Conducting functional behavior assessments (FBAs) to identify the purpose and triggers of the behavior
  • Implementing positive behavior supports and teaching replacement behaviors
• Utilizing assistive technology to support learning and participation for students with disabilities
  • Low-tech options such as graphic organizers and visual schedules
  • High-tech options such as text-to-speech software and augmentative and alternative communication (AAC) devices
• Engaging in culturally responsive practices and partnering with families from diverse backgrounds
  • Building relationships and trust with families
  • Incorporating students' cultural backgrounds and experiences into educational planning and instruction
• Implementing restorative practices to address disciplinary issues and promote a positive school climate
  • Restorative circles and conferences to address harm and rebuild relationships
  • Proactive community-building and social-emotional learning
• Case study: Supporting a student with autism in an inclusive classroom setting
  • Developing an IEP with appropriate accommodations and modifications
  • Collaborating with specialists and families to implement evidence-based practices
  • Promoting social inclusion and peer relationships
• Case study: Addressing disproportionality in special education referrals and placement
  • Examining and addressing bias in referral and assessment processes
  • Implementing culturally responsive interventions and supports
  • Monitoring and disaggregating data to identify and address disparities