Introduction
As a future administrator the importance of understanding the
legalities of the education system cannot be overstated. This course has
allowed for an in depth look at the educational code. This includes looking at
the complex situations in which legal code was unclear. This is where the role
of an administrator becomes far more difficult: when the legal code does not
specifically address the issue at hand. It is imperative that an administrator
familiarizes themselves with these cases as they are the ones in which the law
will not provide a clear expectation. The area which I feel will be the most
difficult for future administrators will be working with students with
disabilities. This group makes up many of the legal cases in our school
district and the laws are often open to interpretation. For this reason I have
chosen this group as the primary focus of my blog entry.
Special Education Law
The individuals with disabilities education act is the most
important legislation to be familiar with when working with students with
disabilities. The act was first passed in 1975 and is aimed at guaranteeing
students with disabilities access to government programs such as public
education (U.S. Department of Education) . There are some areas of ambiguity when
looking at I.D.E.A which I think are important to be familiar with. First, the
idea of placing a student in the least restrictive environment, or L.R.E, is vague and therefore potentially
problematic (Placement, Short and Sweet, 2016) . Second, the idea
that instruction is "reasonably calculated to enable the child to receive
educational benefit" is unclear and also potentially problematic. Third,
the new S.S.T. process makes it unclear when a student should be considered for
an I.E.P.
First, students are supposed to be placed in the least
restrictive environment when placed in special education and during triennial
reviews. The least restrictive environment means that the child will be placed
in an environment with students who are not disabled when possible (Placement,
Short and Sweet, 2016) . This ensures that students with
disabilities are not immediately placed together and the standards are not
lowered in turn. However, the concept is vague and therefore open to possible
lawsuits and litigation. It is important that the I.E.P. team work with the parents
and find common ground to avoid possible litigation.
Second, the idea of enabling a child to receive educational
benefit is also unclear. Specifically, the level of educational benefit
necessary for a child is not clear. Chief Justice William Rehnquist wrote that,
"{the} courts must be careful to avoid imposing their view of preferable
educational methods upon the states" (Samuels, 2016) . The question then
becomes whether the schools need to provide meaningful educational progress or
just some educational progress. This question has allowed for parents to pursue
litigation against school districts in demanding more educational benefit. It
is important that administrators keep up with upcoming court cases in order to
stay up to date with the legal expectations for students with disabilities.
Third, the process for identifying disabled students known as
S.S.T, Student Study Team, has changed over time. Currently, the state is
allowing any accommodation to be granted by a teacher to a student without any
legal documentation. An accommodation is any alteration that allows a student
better access to the curriculum, however, the same standards of learning must
be kept intact. Students identified with a learning disability may be placed on
an I.E.P, individualized education plan, which generally contains various
accommodations (Placement, Short and Sweet, 2016) . Only a small
percentage of students on an I.E.P receive a modified grade. This means that a
general education student can receive the same level of accommodations as a
student on an I.E.P without any documentation. This seems highly problematic
and will most likely need to be litigated further by the court system. Until
then it is important for administrators to keep track of the current status of
legal precedence when it comes to students on an I.E.P or being looked at
through the S.S.T process.
Conclusion
The areas in which the
law is unclear are those that create the greatest possibility of litigation. It
is important that an administrator constantly keep track of the ever changing
laws in California. By staying on top of these changes an administrator can
guarantee their students are receiving their rights by law and avoid legal
consequences.
Works Cited
(n.d.). Retrieved OCtober 23, 2016, from U.S.
Department of Education: http://idea.ed.gov/
Placement, Short and Sweet. (2016). Retrieved October 02, 2016, from Center for
Parent Information and Resources:
http://www.parentcenterhub.org/repository/placement-overview/
Samuels, C. A. (2016). Level of Benefits At Issue In
Special Ed. Case . Education Week.
