Special Education

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

Legal and ethical issues in special education are complex and ever-evolving. This unit covers key laws like IDEA, ADA, and Section 504, which protect students with disabilities and ensure equal access to education. It also explores the rights of students and families, including individualized education programs and due process. The unit delves into ethical considerations such as equity, confidentiality, and culturally responsive practices. It examines challenges like disproportionality and the inclusion debate, while providing practical applications and case studies for implementing inclusive education and supporting diverse learners.

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


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.