Special Education Litigation and Law Essay

She has been Involved In the reading literacy program within our district for more than 10 years. Lynn was a special education teacher for more 10 years and she loved teaching her students. The following questions were asked of Lynn and these are her responses. 1 . What Is the special education coordinator’s definition of least restrictive environment (LURE)? Lynn: I define least restrictive environment as an environment that allows those with a disability to be able to receive an education with students other than those who have a disability. These students should be able to receive the same curriculum that the other students in education.

For me those with a disability should be treated equal and should be able to be in a general classroom as long as their disability allows them to and they are able to learn from that setting. 2. How is service delivery determined in order to provide LURE in the school district? Explain each type of service delivery. Lynn: The service delivery we provide is direct service within a general education setting, which is where we give direct service within the general education lassoer, direct support for individual students by a regular classroom teacher, special education teacher or an assistant within the classroom.

We also have individual or small group settings that give instructions to meet the educational needs and the behavioral needs of the student. We also provide direct service outside of a general classroom which means we develop specialized instruction and tailor the curriculum to meet the students need in a place Just for the student. We develop skills and trainings for those that need help in building academics In motional, social and behavioral areas. In some cases we may Implement both direct deliveries In the and out of the class depending on the student’s needs.

We may find that It Is more helpful to allow student to work some In the class then alone In an Individual setting. If there Is a student who has need beyond our capableness then we would Inquire of the Maryland State Department of Education approved nonpublic schools. 3. How are parents Involved In the determination of LURE for their child? Lynn: We give parent the right to state their pollen about what they feel Is best for heir children. We have PEP meetings with all appropriate team members and Include the parents and inform them of all that we have developed to help their child.

We give them access to all pertinent information, records and laws that will give them all the information they need to understand what is theirs’ and their child’s rights. Involving parent is a big part of making a decision for our students and we want to make all parties a part AT ten process. Having a parent Input Is Important to our decision making process because it is for the good of their child. 4. Has there ever en an incident where a parent advocated for an LURE environment for their child? How did the district respond?

Lynn: We have had incidents where parents have advocated for an LURE environment and we have had complaints that we did not act in a timely manner. In those cases we had to involve the Maryland State Department of Education, Division of Special Education/Early Intervention Services (DES/IIS). There was an investigation and we had to supply all supporting documents that showed we were working to get the child in a LURE but at the time there was no evidence that the tuned had disability until about a year later when it was revealed that the student had ADD.

We had taken many measures to assure that the student was getting all the help that was needed so that the student was getting educational help. We tried many different settings and techniques to see what would help with this student. We end up doing direct service inside and outside the classroom. The investigation did state that we took the proper steps to help thee student. 5. What are the teacher qualifications for each type of service delivery? Lynn: In our district and Maryland e have identified that our teachers need to be prepared to be able to handle those students who come in with a disability.

General education teachers require that teachers have 3 credits in special education. Some teachers take a disability survey course (“Disability”) in order to get meet the standard of their 3-credit requirement. Many education students fear to having students with disabilities in their classroom after taking the survey. Having teacher to be prepared to handle disability students is very important because it gives them the advantage of being able to help their students. To better prepare teachers increasing the number of credit to 9 is a change that may be implemented by the state in the near future.

Having colleges to institute that student that are going into education to also take special education along with general studies would allow teachers to teach all education to their students in their classroom. Talking with Ms. Lynn Samoa has been a great experience. As I look back over all that we have accomplished in this interview and learning how important it is to know the law and the components that re required to teach in special education. As I look at this interview I can see where certain cases came into play with this interview such as Daniel R.

R. V State Board of Education where to determine if the general classroom used with supplementary aids could help thee student learn. Oberon v Board of Education where school had to prove that students needed to be excluded from general class and that they could not Just be put into a segregated classroom. When thinking about LURE it take much planning and time to determine what is best for the student. We as education have to do all we can to help a student reach their greatest potential no matter how difficult it seems.

We have to insure that we follow procedures and protocol to insure that we are giving our student their fair right s and due process. I have been a substitute in my district for years and have worked with special education children in many different schools. Since wanting to become a special education teacher and going through school, I have learned so much more about special education and the process that it takes to implement special education for a tuned. There are many laws and cases that have made special education what it is today.

As educators we must De prepared to anneal all types AT students Ana De addle to help them to become great students. Being a special education teacher will be rewarding and challenging but in the end it will be worth all I went through if I am able to change one student’s life for the better. Working with students that have disabilities no matter what the disability is will give us great reward they are very special people. References Lynn Samoa, Special Education Coordinator

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