Question Description

Please answer the following question. Please do not mix the questions. They are separate.1. In considering the IEP development of a student with ASD, what members of the team should have input in the creation of the IEP? Why? Respond to student discussion:(EL)All members of the team should have input in the creation and development of the IEP, including parents and when appropriate, the student. According to the IDEA, IEP team for a child with a disability includes parents, general education teacher, special education teacher, representative of the public agency, individuals who can interpret the instructional implications of evaluation results, other individuals who have knowledge or special expertise regarding the child, related services personnel, and the child (IDEA, n.d.) Each of these members have a significant role in contributing to the development of the IEP. For example, in addition to parents, gen. ed./sp. ed. teachers, and administrators, IEP team for a student with ASD in my class also includes a BCBA, PT, OT, SLP, and APE specialist. These service providers give a better overall assessment of the student’s progress and present levels of performance. Different members contribute to different areas of the IEP process and each should have input in recommending placement, goals, services, and more. 2. How can special educators ensure that parents have input in IEP development? What can educators do if parents refuse to attend an IEP meeting? What are the ethical considerations involved in IEP development and parental involvement?Response to student discussion:(Audrey) How can special educators ensure that parents have input in IEP development?I do not think that special educators can ensure that parents have input in the IEP development; however, they can ensure that they have the option to give their input. This can be achieved through effective communication. If the parents have internet, teachers could send a survey form through google; the same thing could be done through a questionnaire sent home, as well. I also communicate with my parents about issues and successes – I think that they should know what’s going on in their educational endeavors; the communication shouldn’t be cut off in elementary school – high school parents care, too (sometimes).What can educators do if parents refuse to attend an IEP meeting?In my district, if there has been (at least) three contact attempts, then the parent’s signature is not required for the locking of the IEP. The caveat, however, is that the contact attempts must be different and one of them has to be in the form of a letter sent home.What are the ethical considerations involved in IEP development and parental involvement?2-D. NASET Members strive to ensure access to needed information, services, and resources for children with special needs (National Association of Special Education Teachers, 2007). This standard expresses the need for special education teachers to gather the information needed to determine services and resources for their students. Often, parents are the people who know the student the best.5-A. NASETMembers cooperate with community agencies in using resources and building comprehensive services in support of children with specials needs (National Association of Special Education Teachers, 2007). Continued communication should result in effective collaboration for ongoing support.5-B. NASETMembers partner with parents of children with special needs and other members of the community to enhance programs for children with special needs (National Association of Special Education Teachers, 2007). Special education teachers should create relationships with parents and members of the community – relationships yield a sense of belonging (Maslow knew what he was talking about)!5-C. NASETMembers understand how cultural diversity, family dynamics, gender, and community shape the lives of the individuals with whom they collaborate (National Association of Special Education Teachers, 2007). The whole child should be considered when addressing the needs of a student with disabilities – this includes all elements of the student’s culture.5-D. NASETMembers understand that relationships between and among people are an important vehicle for change (National Association of Special Education Teachers, 2007). When relationships flourish, then there is a vector for communication. This open communication will allow the open expression of changing needs.5-E. NASETMembers respect the private nature of the special knowledge they have about children and their families and use that knowledge only in the students’ best interests (National Association of Special Education Teachers, 2007). This standard goes deeper than just adhering to FERPA. It asks special education teachers to not let the student’s family dynamic and unique background influence their decisions and outlook on the student with disabilities.National Association of Special Education Teachers. (2007, June 11). National Association of Special Education Teachers: Code of Ethics. Retrieved from “Individualized Education Plan (IEP)” on the Autism Society.URL: the Autism Society website.URL:


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David D. v. Dartmouth School Committee, 615 F. Supp. 639 (D. Mass. 1984), aff’d, 775
F.2d 411 (4th Cir. 1985).37. 20 U.S.C. § 1414(b)(3)(A)(ii).38. 34 C.F.R. § 300.104.39.
20 U.S.C. § 1413(A)(4)(iii). 22511Special Issues With Secondary StudentsLEARNING
After reading Chapter 11, students should be able to•□Be aware of the unique factors
that affect students with disabilities at the secondary school level•□Understand when
the maximum age requirements no longer makes students eligible for services under
the Individuals with Disabilities Education Act (IDEA)•□Know how minimum competency
requirements, including No Child Left Behind achievement requirements, affect students
with disabilities•□Know when compensatory education beyond graduation might be
required if appropriate services were not provided to students with disabilities•□Be
aware of the age requirements for attendance at school in different states and how this
can affect students with disabilities•□Understand the importance of vocational education
for some students with disabilities and how the IDEA, the Rehabilitation Act, and the
Americans with Disabilities Act might apply to ensure access to vocational
programming•□Know what the IDEA requires in terms of transition services to prepare
students to enter postsecondary education, vocational programs, employment, and
other postsecondary school programs to facilitate independent living•□Understand how
services for students with disabilities have different require-ments at the postsecondary
level from the K–12 public education setting and how a proactive approach to
understanding those differences can ensure aw on special education has focused on
elementary-age chil-dren. This is usually the age at which the initial placement decision
and educa-tional planning occurs. There are, however, several issues that have unique
impact on students at the secondary school level.The uniqueness occurs as a result of
two major factors. First, students at the sec-ondary school level have unique behavior
and social problems that can affect their physical and emotional development. Students
who may have had no disability prior to adolescence may develop emotional or
behavior problems as a result of physical changes, social pressures, lack of selfesteem, or family problems. The severity of these problems may require the student to
have counseling or even residential placement in order to benefit from education. These
problems may even result in incarceration as a result of criminal conduct.The second
unique factor is that the secondary school level is often the end of the line for receiving
services under the Individuals with Disabilities Education Act (IDEA). Once the student
receives a diploma, the IDEA no longer requires that the individual receive special
education and related services. The student may be eligible for vocational rehabilitation
services or may be protected from discrimination by Section 504 of the Rehabilitation
Act, the Americans with Disabilities Act (ADA), or state laws. The entitlement to a
special education program and due process protections under the IDEA, however,
usually ends at graduation. Thus, the impending termina-tion of services raises two
major issues. One is what event—graduation, reaching a certain age, or some other
event—terminates the obligation. Another is how to ensure that public school programs
provide appropriate services to facilitate transition to the world of adulthood,
employment, and independence for individuals with disabilities. A 2008 study of high
school students with disabilities provides important context for why this is an important
issue.1 The data from the study indicate that approxi-mately one-third of students with
disabilities in public school are of high school age. It further notes and discusses
challenges regarding this population, which include get-ting accurate data (because age
groups and disability groups are not always disaggre-gated in data sets), the
educational settings for providing services, overrepresentation of some groups,
discipline issues, academic achievement (and requirements regarding outcomes
measurements), high school completion, and transition into work, indepen-dent living,
and postsecondary education.The following sections focus on these issues. The issue
of services for students with emotional or behavioral problems requiring counseling or
residential placement is discussed in other chapters.2Graduation RequirementsThe
issue of graduation requirements involves two different questions of obligation to
educational agencies. The first is whether diploma requirements may be imposed on
students with disabilities. The second is whether there is an obligation to a student with
a disability once the diploma has been awarded.FOR THE USE OF GRAND CANYON
Copyright © 2014 by SAGE Publications, Inc. Special Issues With Secondary Students
227Diploma Requirements and Minimum Competency TestingSince about 1990, the
move by education policymakers toward excellence has resulted in requiring minimum
competency testing in many states before a high school diploma can be awarded.
These requirements have been challenged in a num-ber of cases. The decisions in
those cases establish that as a general rule, these tests are permissible under the due
process and equal protection clauses of the Constitution, as long as there has been
adequate notice that the tests would be required and that the tests cover material taught
to the student in the curriculum. The lead case on this issue is Debra P. v. Turlington,3
in which the court recognized the validity of such exams but held that in this case, there
was inadequate notice of the requirements. The case of Brookhart v. Illinois State Board
of Education4 addresses this issue in the context of students with disabilities. The facts
involved fourteen students with a broad spectrum of disabilities who challenged a
school district’s new policy requiring passing a “minimal competency test” to receive a
diploma. The challenge claimed that this policy violated Section 504 of the
Rehabilitation Act, because of its potential for discriminating against students with
disabilities. Like the Debra P. decision, the court addressed the issue of notice. The
court found that there was not adequate notice at least for some of the individuals. The
requirement for some gave them only a year or a year and a half to prepare. The court
noted that the individualized education pro-grams (IEPs) developed under the IDEA had
not contemplated these new require-ments. The challenge for the court was to apply an
appropriate remedy. Remedial education would not be appropriate for some, because
they were already in the work force by the time of the decision and had been away from
school for more than two years. While remedial education might be an appropriate
remedy in some situations, in this case, the only proper remedy was the award of the
diplomas for eleven of the plaintiffs. This decision does, however, uphold the validity of
competency tests for students with disabilities at least in that jurisdiction. Although
competency requirements are likely to be upheld as valid, many edu-cational agencies
have implemented a practice of awarding a certificate of achieve-ment to special
education students. Such a certificate, while a good means of recognizing effort, is not a
substitute for a diploma under the IDEA and does not relieve the agency of further
responsibility to provide a free appropriate public education (FAPE) to that student.5
Instead, the student remains entitled to receive FAPE until he or she is no longer a
“child with a disability” under the IDEA or reaches the maximum age of entitlement for
services (either 18 or 21, depending on state law).Schools that have competency
requirements to receive a high school diploma are likely to be given deference by courts
in setting those requirements as long as they are based on the educational standards
that the state establishes for students to achieve. More recent policy adjustments under
national education policy and laws, such as No Child Left Behind (NCLB), requires
special education students to meet statewide assessment standards.6FOR THE USE
STRICTLY PROHIBITED. Copyright © 2014 by SAGE Publications, Inc. efThe
Brookhart case involved the situation where the educational agency did not want to
award the diploma, because the student had not completed the minimum competency
requirements. The reverse of this is not an uncommon occurrence. An educational
agency interested in eliminating the continuing obligation to educate certain difficult
students—such as adolescents with severe behavioral problems—may simply award
the diploma and claim that once the diploma has been awarded, there is no further
obligation to provide education. Problems can also arise when a student actually does
meet the minimum competency requirements for graduation but has not been
appropriately educated up to that point.Chapter 15 discusses this issue further, but it is
important to address one aspect of it here. At what point does the obligation to provide
FAPE end? Is it at the point the diploma has been awarded? What if the diploma is
awarded even though minimum competency has not been met or if the diploma has
been earned, but the student was not appropriately educated?The IDEA addressed
some of these questions in the 2004 amendments by noting that the student must be
provided with a regular high school diploma in order for the obligation to provide FAPE
to end. An alternative degree that is not fully aligned with state educational standards
does not suffice to end the obligation to provide FAPE.7Additionally, if the student was
not appropriately educated as required by the IDEA, the student may have a claim for
compensatory education, which can require the school to provide services even after
graduation with a regular diploma.8 An argu-ment can also be made that awarding a
diploma in a clearly inappropriate case (such as to a student with a behavior disorder
who has not met the requirements) or provid-ing grossly inappropriate educational
programming constitutes educational malprac-tice. This theory has not been widely
accepted, however, and is explored further in Chapter 16. Such an award may also be a
violation of procedural due process.School Attendance RequirementsIn many states,
students are not required to attend school beyond a certain age, usually around 14 to
16. This raises the question of whether a student who is receiving special education
may elect to stop attending school. For example, a student who has reached 16 in a
state where that age is the cutoff for mandatory attendance may wish to stop attending
school. If that student is receiving some programming for a learning dis-ability, for
example, what is the obligation of the school to try to keep that student in school? Is
there any greater obligation for that student than there is for a student who is not
receiving special education? What happens if the parents do not care? Is there any
greater obligation to try to persuade the parents to force the child to attend, because the
student is receiving special education? Once the student becomes 18, the parents no
longer have the legal power to force the student to attend in any case.These issues
have not really been addressed by the courts, but they raise an inter-esting dilemma. If
the student simply stops attending and the school makes no effort FOR THE USE OF
STRICTLY PROHIBITED. Copyright © 2014 by SAGE Publications, Inc. Special Issues
With Secondary Students 229to try to keep the student in school, can the student later
claim negligence by the school or a failure to provide FAPE? Is there a heightened duty
to special education students by virtue of the fact that educational programming may be
more essential for them than for other students? While current law does not seem to
resolve these ques-tions, educational policymakers should address this
issue.Vocational EducationFor many students with disabilities, preparation for the
outside world of independence and employment will require some type of vocational
training rather than an emphasis on academics. Many students will not be qualified to
attend institutions of higher edu-cation. Thus, it is important for this group to have the
advantage of public education to prepare for the transition to a world where
comprehensive programming will not be available as it is under the IDEA.In spite of the
importance of vocational training for students with disabilities, vocational education
teachers may often be unprepared for the presence of students with disabilities in the
classroom. There has been a lack of development of special vocational programs for
students with disabilities and a lack of adaptation of general vocational programs to
incorporate and include special education students. For exam-ple, a secondary school
that has an automobile repair training program may exclude the student with a disability
by having certain qualifications for the program that can-not be met by the student with
a disability. This is probably not permissible under the IDEA, Section 504 of the
Rehabilitation Act, or the ADA.One area where there is some relevant law relates to
personnel training. Vocational education teachers, like all other teachers, are supposed
to be adequately prepared for the presence of special education students.9 This will
mean that the teacher in a wood-shop class or a home economics class, for example,
will need to be aware of the char-acteristics of students with disabilities and to be aware
of the need to provide appropriate instructions or adequate supervision. In Collins v.
School Board,10 the issue of liability was raised in a case where a substitute teacher in
shop class was found to be negligent when a student with an emotional disability was
sexually assaulted by another student. It is important to set up mechanisms for
communicating necessary accommodations to vocational education teachers both to
ensure the safety of the student and to avoid liability. A student with a learning disability
may have difficulty understanding instructions on machinery in a shop class. A student
with cerebral palsy may be at risk in operating an electric mixer in a cooking class.
While immunity and other defenses may in some cases protect the school from liability,
it is better to rely on prevention and to be sure personnel are adequately
prepared.Transition ServicesIn 1990, Congress responded to the concern that special
education students leaving public education were not adequately prepared for higher
education, employment, or FOR THE USE OF GRAND CANYON UNIVERSITY
Copyright © 2014 by SAGE Publications, Inc. he 1990 IDEA amendments, transition
services were added to the types of services to be provided to students eligible for
special education. These services are defined asa coordinated set of activities . . .
designed to be within a result-oriented process, that is focused on improving the
academic and functional achievement of the child with a disabil-ity to facilitate the child’s
movement from school to post-school activities, including post-secondary education,
vocational education, integrated employment (including supported employment),
continuing and adult education, adult services, independent living, or com-munity
participation.11These services are to be individualized, taking into account strengths,
preferences, and interests of the child. They are to include “instruction, related services,
commu-nity experiences, the development of employment and other post-school adult
living objectives, and, when appropriate, acquisition of daily living skills and functional
vocational education.”12 “Beginning not later than the first IEP to be in effect when the
child is 16, and updated annually thereafter,” the IEP is to include age-appropriate
postsecondary goals and the services needed to reach those goals.13The IEP team
must invite the student to attend IEP meetings when the team is considering and
developing transition goals for the IEP. If the student does not attend, other methods
must be used to ensure that the student’s preferences and interests are
considered.14Interagency cooperation is often required for effective transition
programs, because outside agencies often provide at least some of the transition
services. When outside agencies or organizations are involved, they must be invited to
team meetings to the extent appropriate and with the consent of the parents.15 The
IDEA requires the IEP team and the public school to ensure that the transition services
noted in the IEP are provided. If outside agencies are supposed to provide services and
do not, the IEP team must meet and develop alternative strategies to meet the transition
goals set forth in the IEP.16Postsecondary Academic EducationThe IDEA has resulted
in a substantial increase in the number of individuals with dis-abilities who are admitted
to and enroll in institutions of higher education, including community colleges and fouryear colleges and universities. The transition for these students can be an adjustment,
because they have been accustomed to the substantive and procedural protections of
the IDEA. Both they and their parents may be surprised to find the difference in rights,
benefits, and presumptions and burdens for students with disabilities in a postsecondary
educational setting. The IDEA is a comprehensive special education statute, requiring
the educational agency to identify the student, to pay for the testing, and to provide
substantially greater special education services than Section 504 or the ADA
require.Upon reaching higher education, students with disabilities and their parents are
often unaware that the burden shifts to the student to self-identify (and pay for the FOR
USE IS STRICTLY PROHIBITED. Copyright © 2014 by SAGE Publications, Inc. Special
Issues With Secondary Students 231documentation). The services to be provided are
only those viewed as reasonable accommodations. Both high school counselors and
admissions and student service administrators in postsecondary education programs
might avoid some disputes by taking a proactive approach to educating this population
about these differences and helping them to plan accordingly.17In preparing students
for this transition, one advocate (who is a parent of a student with a disability) has
written the following letter, highlighting the importance of par-ents allowing their children
to advocate for themselves.An Open Letter to Parents of Students With Disabilities
About to Enter CollegeDear Parents, I have been working in the area of students with
disabilities at the college level for more than 30 years, but that is not why I am writing to
you today. I am writing as a parent, and thus as someone who shares all your current
anxieties. My daughter, who graduated from high school in early June, will be going
away to college this Fall. She has Cerebral Palsy, uses a wheelchair, and has limited
speech capabilities, so you can be assured that I have been very involved in the
educational programming and plan-ning she has received during her years in the public
school system. I wanted to be involved, but I also need …
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