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Special Education Learner Rights
 Joey Van Riper
University of Phoenix
MTE/512
K. Clark
May 10, 2022
Introduction
Joey Van Riper-MTE/512- May 10, 2022 2
 According to Friend & Bursuck (2019), "when teachers refer to students with disabilities, they mean
students who are eligible to receive special education services according to federal and state guidelines".
 The main components cover three areas which include (Friend & Bursuck, 2019):
 Special education components (children eligible to receive special education services)
 Specially designed instruction (tailored to meet individual needs of a student with disabilities)
 Related services (consists of services beyond academics), and supplementary aids and services (the
support needed for a student to participate in general education, extracurricular activities, and other
school settings).
Main Student with Disabilities Law
Joey Van Riper-MTE/512- May 10, 2022
 First and main law passed federally is the Individuals with Disabilities Education Act or
IDEA, which was originally passed in 1975 as the Education for All Handicapped Children Act,
(EHCA) Public Law 94–142 (Friend & Bursuck, 2019).
 Special education teachers and mainstream teachers should understand the core principles
of IDEA.
• These principles include the following (Friend & Bursuck, 2019):
• Free appropriate public education (FAPE) which includes special materials, settings,
and technology.
• Least restrictive environment (LRE), students with disabilities cannot be confined in
special classrooms without access to mainstream students.
• Individualized education that is reviewed and updated annually which typically
includes the mainstream teacher, special education teacher, school psychologist,
assistant principal, counselor, parents/guardians and students.
• Nondiscriminatory evaluation which uses instruments that does not discriminate based
on race, culture, or disability.
• Due process which includes formal and informal procedures that have to followed to
resolve a dispute.
• Zero reject/child find protects students and parents from school officials including
teacher that assert a student cannot receive education in a public school district.
3
Inclusive Federal and State Law
Joey Van Riper-MTE/512- May 10, 2022
 In 2001, law was passed as No Child Left Behind which was then updated in 2015 as Every Student
Succeeds Act.
 According to Pennsylvania's Department of Education,
 "ESSA advances ESEA’s promise of ensuring that all students – from pre-kindergarten to
postsecondary, including low-income students, students of color, students with disabilities,
English Learners, and other historically marginalized students – have access to a world-class
education that prepares them for college, career, and life".
 "For Pennsylvania, ESSA presents two important opportunities – the chance to move away from
the prescriptive policies and unintended consequences of NCLB, and toward state-level efforts
that enjoy broad, bipartisan support, including more fair and predictable funding for public
schools and valid measures of school performance that look beyond standardized test scores".
 "School-wide performance; ESSA requires that Comprehensive Support and Improvement include
"not less than the lowest-performing 5 percent of all schools receiving (Title I) funds in the
State".
4
The Assistive Technology Act
Joey Van Riper-MTE/512- May 10, 2022
 According to the University of Massachusetts Global, "the Assistive
Technology Act (2004) provides assistive technology to persons with
disabilities so they can more fully take part in education, employment
and daily activities on level playing fields with other people in their
communities".
 Additionally, "under the law, each U.S. state receives a grant to fund
Assistive Technology Act Programs (ATAP) that provide services to persons
with disabilities for their entire lives" (University of Massachusetts
Global, 2020).
5
Expectations,
Responsibilities of
Educators, and
Code of Ethics
 Educators Response to Intervention (RTL)
 Understanding whether students have learning disabilities
(Friend & Bursuck, 2019).
 Relies not only on test scores, but school professionals'
evaluations.
 Provide funding to facilitate educational opportunities
 Occurs nationwide at federal government for major policies,
No Child Left Behind Act of 2001 (Baron, 2016).
 Focuses on high need students living in poverty and students
living with disabilities (state and federal).
 Evidence-Based Practice Principles (Friend & Bursuck, 2019).
 Interventions, strategies, techniques, policies, and
educational programs.
 Studies used to determine effectiveness of student
interventions.
 Intended to close the gap between researchers and teachers
in the classroom.
 Designed to eliminate interventions that are ineffective.
 Ability of school professionals to be positive behavior supports
 Intervene and implement interventions regarding behavior
and special education learning when necessary (Friend
& Bursuck, 2019).
 Support development and conditions to promote
continuous improvement of state and local education systems.
Joey Van Riper-MTE/512- May 10, 2022 6
Professional
Inclusion
Standards
Joey Van Riper-MTE/512- May 10, 2022 7
 Includes high expectations and accountability "concerns the
responsibilities of educators for students' learning outcomes
(Friend & Bursuck, 2019).
 Inclusion of Parent's Rights, according to Friend & Bursuck, 2019
 "To give consent before their child is evaluated to
determine whether a disability exists and before any special
education services are provided to that child. To receive
prior written notice before school professionals initiate,
change, or refuse to initiate or change the identification,
evaluation, or educational placement of their child. To have
their child independently evaluated, that is, assessed by
professionals outside the school district. In some cases (but
not all), the school district may be responsible for paying
for this independent evaluation. To access and review any
records pertaining to their child’s education, to obtain
copies of records for a reasonable fee, to expect that their
child’s records will be kept confidential, and to know who
has accessed records related to their child (that is, through
a log of each person accessing those records).To be
reimbursed for fees related to enrolling their child in a
private school, but only if it is determined that the school
district could not adequately provide the educational
services needed by the student. To participate in a
voluntary mediation process, led by an impartial facilitator,
as a means for resolving conflict with the school district
concerning their child with a disability. Mediation must be
made available to parents prior to a due process hearing,
but it may not delay a hearing".
Practice of
Advocating for
Learners
 Multi-tiered support system
 Extend beyond school, involve community and district
support, and other resources including federal, state,
and local funding (Friend & Bursuck, 2019).
 According to Friend & Bursuck (2019) it includes:
 Universal Screenings
 Evidence-based instruction
 Tiered interventions with increasing intensity
 Data-based decision making
 Collaboration
 Analyzing and updating Individualized Education Plan (IEP).
 According to Friend & Bursuck, an IEP includes:
 Present Level Performance
 Annual goals and short-term objectives (usually
reviewed twice per year, once per semester)
 Participation in general education
 Services and modification needs
 Behavior Intervention Plans
 Strategies for Evaluation and Transition Plan
Joey Van Riper-MTE/512- May 10, 2022 8
Practice of
Promoting
Learners Full
Potential
 Special learners' high expectations and accountability
 Closing the achievement gap between special learners
and typical peers (Friend & Bursuck, 2019).
 Implementing functional curriculum or an instructional
approach in which goals and objectives are based on real-
life skills needed in adulthood (Friend & Bursuck, 2019).
Joey Van Riper-MTE/512- May 10, 2022 9
Practice of
Demonstrating
Respect for
Learners
including
Diversity
 Centralized education policies is NOT a "one size fits all".
 "Community-based education tends to be more effective
than centralized systems that attempt to use a one-
size-fits-all approach" (ConnectUS, 2019).
 Opportunity of giving schools much needed money to
improve specific needs (special education).
 According to ConnectUS (2019), ''there would no longer
be money tied to grants, specific behaviors, or
curriculum enhancements. That means each state could
increase or decreases taxes independently to manage
their finances better at the local level."
Joey Van Riper-MTE/512- May 10, 2022 10
Practice of
Collaborating
with
Learners,
Families, and
Teaching
Colleagues
 Inclusiveness for special learners which includes (Friend &
Bursuck, 2019):
 Physical integration (placing special learners in the
same classroom as non-disabled learners).
 Social integration (relationships should be achieved and
constructed between students with disabilities and their
classmates).
 Instructional integration (students with disabilities
being taught the same curriculum and helped to
succeed by educators and support staff).
 Collaborating for meeting students' needs (Friend & Bursuck,
2019).
 Meeting with special education teachers
 Co-teaching
 Working with paraprofessionals (physical
therapists, social workers, etc.)
 Meeting on teams (teachers, administrators,
parents/guardians, and students)
Joey Van Riper-MTE/512- May 10, 2022 11
Parental Resources
Joey Van Riper-MTE/512- May 10, 2022 12
 Parent/Person Centered Planning (Friend & Bursuck, 2019).
 Community Presence (which community assists benefit the student).
 Choice (decisions made by the student versus made for the student).
 Competence (the skills needed by the student to participate fully).
 Respect (clarifies the role of the student and parent in the school district, community, and state department of
education).
 Community Participation (the people the student spends time with at school, in the community, and other setting).
 Making an Action Plan Resource
 PACER Center website at http://www.pacer.org/
 Intervention Central (http://interventioncentral.org)
 RTI Wire (http://www.jimwrightonline.com/php/rti/rti_wire.php)
References
 Baron, Kathryn (2016). Finding a Balance for the Federal Role in Education
Policy. https://www.carnegiefoundation.org/blog/finding-a-balance-for-the-federal-role-
in-education-policy/
 ConnectUS. (2019). 20 Pros and Cons of Abolishing the Department of Education.
https://connectusfund.org/20-pros-and-cons-of-abolishing-the-department-of-education
 Friend, M., & Bursuck, W. D. (2019). Including students with special needs: A practical guide
for classroom teachers (8th ed.). Upper Saddle River, NJ: Pearson.
 Pennsylvania Department of Education. (2019). Every Student Succeeds Act: Pennsylvania
Consolidated State Plan. https://www.education.pa.gov/Documents/K-
12/ESSA/PennsylvaniaConsolidatedStatePlan.pdf
 University of Massachusetts Global . (2020). 4 Special education laws and policies every
teacher should know. https://www.umassglobal.edu/news-and-events/blog/special-
education-laws
Joey Van Riper-MTE/512- May 10, 2022 13

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Special Education Rights and Teacher Responsibilities.pptx

  • 1. Special Education Learner Rights  Joey Van Riper University of Phoenix MTE/512 K. Clark May 10, 2022
  • 2. Introduction Joey Van Riper-MTE/512- May 10, 2022 2  According to Friend & Bursuck (2019), "when teachers refer to students with disabilities, they mean students who are eligible to receive special education services according to federal and state guidelines".  The main components cover three areas which include (Friend & Bursuck, 2019):  Special education components (children eligible to receive special education services)  Specially designed instruction (tailored to meet individual needs of a student with disabilities)  Related services (consists of services beyond academics), and supplementary aids and services (the support needed for a student to participate in general education, extracurricular activities, and other school settings).
  • 3. Main Student with Disabilities Law Joey Van Riper-MTE/512- May 10, 2022  First and main law passed federally is the Individuals with Disabilities Education Act or IDEA, which was originally passed in 1975 as the Education for All Handicapped Children Act, (EHCA) Public Law 94–142 (Friend & Bursuck, 2019).  Special education teachers and mainstream teachers should understand the core principles of IDEA. • These principles include the following (Friend & Bursuck, 2019): • Free appropriate public education (FAPE) which includes special materials, settings, and technology. • Least restrictive environment (LRE), students with disabilities cannot be confined in special classrooms without access to mainstream students. • Individualized education that is reviewed and updated annually which typically includes the mainstream teacher, special education teacher, school psychologist, assistant principal, counselor, parents/guardians and students. • Nondiscriminatory evaluation which uses instruments that does not discriminate based on race, culture, or disability. • Due process which includes formal and informal procedures that have to followed to resolve a dispute. • Zero reject/child find protects students and parents from school officials including teacher that assert a student cannot receive education in a public school district. 3
  • 4. Inclusive Federal and State Law Joey Van Riper-MTE/512- May 10, 2022  In 2001, law was passed as No Child Left Behind which was then updated in 2015 as Every Student Succeeds Act.  According to Pennsylvania's Department of Education,  "ESSA advances ESEA’s promise of ensuring that all students – from pre-kindergarten to postsecondary, including low-income students, students of color, students with disabilities, English Learners, and other historically marginalized students – have access to a world-class education that prepares them for college, career, and life".  "For Pennsylvania, ESSA presents two important opportunities – the chance to move away from the prescriptive policies and unintended consequences of NCLB, and toward state-level efforts that enjoy broad, bipartisan support, including more fair and predictable funding for public schools and valid measures of school performance that look beyond standardized test scores".  "School-wide performance; ESSA requires that Comprehensive Support and Improvement include "not less than the lowest-performing 5 percent of all schools receiving (Title I) funds in the State". 4
  • 5. The Assistive Technology Act Joey Van Riper-MTE/512- May 10, 2022  According to the University of Massachusetts Global, "the Assistive Technology Act (2004) provides assistive technology to persons with disabilities so they can more fully take part in education, employment and daily activities on level playing fields with other people in their communities".  Additionally, "under the law, each U.S. state receives a grant to fund Assistive Technology Act Programs (ATAP) that provide services to persons with disabilities for their entire lives" (University of Massachusetts Global, 2020). 5
  • 6. Expectations, Responsibilities of Educators, and Code of Ethics  Educators Response to Intervention (RTL)  Understanding whether students have learning disabilities (Friend & Bursuck, 2019).  Relies not only on test scores, but school professionals' evaluations.  Provide funding to facilitate educational opportunities  Occurs nationwide at federal government for major policies, No Child Left Behind Act of 2001 (Baron, 2016).  Focuses on high need students living in poverty and students living with disabilities (state and federal).  Evidence-Based Practice Principles (Friend & Bursuck, 2019).  Interventions, strategies, techniques, policies, and educational programs.  Studies used to determine effectiveness of student interventions.  Intended to close the gap between researchers and teachers in the classroom.  Designed to eliminate interventions that are ineffective.  Ability of school professionals to be positive behavior supports  Intervene and implement interventions regarding behavior and special education learning when necessary (Friend & Bursuck, 2019).  Support development and conditions to promote continuous improvement of state and local education systems. Joey Van Riper-MTE/512- May 10, 2022 6
  • 7. Professional Inclusion Standards Joey Van Riper-MTE/512- May 10, 2022 7  Includes high expectations and accountability "concerns the responsibilities of educators for students' learning outcomes (Friend & Bursuck, 2019).  Inclusion of Parent's Rights, according to Friend & Bursuck, 2019  "To give consent before their child is evaluated to determine whether a disability exists and before any special education services are provided to that child. To receive prior written notice before school professionals initiate, change, or refuse to initiate or change the identification, evaluation, or educational placement of their child. To have their child independently evaluated, that is, assessed by professionals outside the school district. In some cases (but not all), the school district may be responsible for paying for this independent evaluation. To access and review any records pertaining to their child’s education, to obtain copies of records for a reasonable fee, to expect that their child’s records will be kept confidential, and to know who has accessed records related to their child (that is, through a log of each person accessing those records).To be reimbursed for fees related to enrolling their child in a private school, but only if it is determined that the school district could not adequately provide the educational services needed by the student. To participate in a voluntary mediation process, led by an impartial facilitator, as a means for resolving conflict with the school district concerning their child with a disability. Mediation must be made available to parents prior to a due process hearing, but it may not delay a hearing".
  • 8. Practice of Advocating for Learners  Multi-tiered support system  Extend beyond school, involve community and district support, and other resources including federal, state, and local funding (Friend & Bursuck, 2019).  According to Friend & Bursuck (2019) it includes:  Universal Screenings  Evidence-based instruction  Tiered interventions with increasing intensity  Data-based decision making  Collaboration  Analyzing and updating Individualized Education Plan (IEP).  According to Friend & Bursuck, an IEP includes:  Present Level Performance  Annual goals and short-term objectives (usually reviewed twice per year, once per semester)  Participation in general education  Services and modification needs  Behavior Intervention Plans  Strategies for Evaluation and Transition Plan Joey Van Riper-MTE/512- May 10, 2022 8
  • 9. Practice of Promoting Learners Full Potential  Special learners' high expectations and accountability  Closing the achievement gap between special learners and typical peers (Friend & Bursuck, 2019).  Implementing functional curriculum or an instructional approach in which goals and objectives are based on real- life skills needed in adulthood (Friend & Bursuck, 2019). Joey Van Riper-MTE/512- May 10, 2022 9
  • 10. Practice of Demonstrating Respect for Learners including Diversity  Centralized education policies is NOT a "one size fits all".  "Community-based education tends to be more effective than centralized systems that attempt to use a one- size-fits-all approach" (ConnectUS, 2019).  Opportunity of giving schools much needed money to improve specific needs (special education).  According to ConnectUS (2019), ''there would no longer be money tied to grants, specific behaviors, or curriculum enhancements. That means each state could increase or decreases taxes independently to manage their finances better at the local level." Joey Van Riper-MTE/512- May 10, 2022 10
  • 11. Practice of Collaborating with Learners, Families, and Teaching Colleagues  Inclusiveness for special learners which includes (Friend & Bursuck, 2019):  Physical integration (placing special learners in the same classroom as non-disabled learners).  Social integration (relationships should be achieved and constructed between students with disabilities and their classmates).  Instructional integration (students with disabilities being taught the same curriculum and helped to succeed by educators and support staff).  Collaborating for meeting students' needs (Friend & Bursuck, 2019).  Meeting with special education teachers  Co-teaching  Working with paraprofessionals (physical therapists, social workers, etc.)  Meeting on teams (teachers, administrators, parents/guardians, and students) Joey Van Riper-MTE/512- May 10, 2022 11
  • 12. Parental Resources Joey Van Riper-MTE/512- May 10, 2022 12  Parent/Person Centered Planning (Friend & Bursuck, 2019).  Community Presence (which community assists benefit the student).  Choice (decisions made by the student versus made for the student).  Competence (the skills needed by the student to participate fully).  Respect (clarifies the role of the student and parent in the school district, community, and state department of education).  Community Participation (the people the student spends time with at school, in the community, and other setting).  Making an Action Plan Resource  PACER Center website at http://www.pacer.org/  Intervention Central (http://interventioncentral.org)  RTI Wire (http://www.jimwrightonline.com/php/rti/rti_wire.php)
  • 13. References  Baron, Kathryn (2016). Finding a Balance for the Federal Role in Education Policy. https://www.carnegiefoundation.org/blog/finding-a-balance-for-the-federal-role- in-education-policy/  ConnectUS. (2019). 20 Pros and Cons of Abolishing the Department of Education. https://connectusfund.org/20-pros-and-cons-of-abolishing-the-department-of-education  Friend, M., & Bursuck, W. D. (2019). Including students with special needs: A practical guide for classroom teachers (8th ed.). Upper Saddle River, NJ: Pearson.  Pennsylvania Department of Education. (2019). Every Student Succeeds Act: Pennsylvania Consolidated State Plan. https://www.education.pa.gov/Documents/K- 12/ESSA/PennsylvaniaConsolidatedStatePlan.pdf  University of Massachusetts Global . (2020). 4 Special education laws and policies every teacher should know. https://www.umassglobal.edu/news-and-events/blog/special- education-laws Joey Van Riper-MTE/512- May 10, 2022 13

Editor's Notes

  1. Educational policies play a part in voter's and our children's lives. Home owners pay local, state, and federal taxes along with property and school taxes.  How many people know how the taxes are broken down at the school level, local, state, and federal levels? 
  2. Federal governments have a supporting role in education and learning for students. The federal governments work with states and department of education at the federal and state level to provide support and resources as necessary. According to Baron (2016), several scholars came up principles regarding supporting roles in federal, state, and local government. 1. Right to equal opportunity 2. Provide funding to facilitate educational opportunities 3. Support education research and development 4. Support development and conditions to promote continuous improvement of state and local education systems. 
  3. Federal governments have a supporting role in education and learning for students. The federal governments work with states and department of education at the federal and state level to provide support and resources as necessary. According to Baron (2016), several scholars came up principles regarding supporting roles in federal, state, and local government. 1. Right to equal opportunity 2. Provide funding to facilitate educational opportunities 3. Support education research and development 4. Support development and conditions to promote continuous improvement of state and local education systems. 
  4. Federal governments have a supporting role in education and learning for students. The federal governments work with states and department of education at the federal and state level to provide support and resources as necessary. According to Baron (2016), several scholars came up principles regarding supporting roles in federal, state, and local government. 1. Right to equal opportunity 2. Provide funding to facilitate educational opportunities 3. Support education research and development 4. Support development and conditions to promote continuous improvement of state and local education systems. 
  5. Considering the state of relationships in the United States (I.e. Black Lives Matter, Police Brutality and Support, etc.) federal, state, and local government officials have to consider equal rights as a top priority. Second, the federal government has provided funding in the past (I.e. No Child Left Behind) with policies being updated (such as the former referenced and updated by President Obama) (Baron, 2016). 
  6. "While other countries are advancing in these areas, the U.S. remains stagnant. By abolishing the Department of Education, it might be possible to get some fresh ideas into our local educational systems" (ConnectUS, 2019).  We need to understand the following: Over the past 40 years, results have stayed flat or declined in most categories, which shows just how wasteful this system happens to be. All the country does is spend more without seeing a return on that investment (ConnectUS, 2019). 
  7. Eliminating the need for a central Department of Education (Federal Level) then states would have an opportunity to focus on specific needs. This approach could also be taken down to the local level to focus on greater needs (ie, education at inner city schools vs. Suburban/rural school districts).  "That means states could manage their levies through property taxes, sales tax, lottery sales, or whatever combination of funding tools they wanted to use as long as they were compliant with local, state, and national laws." (ConnectUS, 2019). 
  8. Eliminating the need for a central Department of Education (Federal Level) then states would have an opportunity to focus on specific needs. This approach could also be taken down to the local level to focus on greater needs (ie, education at inner city schools vs. Suburban/rural school districts).  "That means states could manage their levies through property taxes, sales tax, lottery sales, or whatever combination of funding tools they wanted to use as long as they were compliant with local, state, and national laws." (ConnectUS, 2019). 
  9. Eliminating the need for a central Department of Education (Federal Level) then states would have an opportunity to focus on specific needs. This approach could also be taken down to the local level to focus on greater needs (ie, education at inner city schools vs. Suburban/rural school districts).  "That means states could manage their levies through property taxes, sales tax, lottery sales, or whatever combination of funding tools they wanted to use as long as they were compliant with local, state, and national laws." (ConnectUS, 2019). 
  10. Eliminating the need for a central Department of Education (Federal Level) then states would have an opportunity to focus on specific needs. This approach could also be taken down to the local level to focus on greater needs (ie, education at inner city schools vs. Suburban/rural school districts).  "That means states could manage their levies through property taxes, sales tax, lottery sales, or whatever combination of funding tools they wanted to use as long as they were compliant with local, state, and national laws." (ConnectUS, 2019). 
  11. "Understanding the limits of the federal role in education is as important as acknowledging its beneficial actions. “The federal government is poorly positioned to dictate the details of state and local efforts to improve their schools,” write the authors. They also point out that strict accountability regulations based solely on test scores did little to improve student achievement and may have had the unintended consequence of inducing “educators to focus on compliance over student success" (Baron, 2016).