Competency 4. Policy & Law
a. Develop and implement policy to meet local, state, federal requirements / constitutional provisions
b. Apply standards of care involving civil and criminal liability for negligence, harassment and torts
c. Demonstrate understanding of state, federal and case law involving GENED, SPED and COMMED
Reflection: Policy and Law
Ruth Paisley, Spring 2011
A few years ago, Minnesota Department of Education developed an IEP Manager’s trainer of trainers program to help school districts in their understanding and implementation of the IEP process. The first section of this training included an overview of the case law and court decisions which resulted in the legislation that is now the Individuals with Disabilities Education Act (IDEA 2004). I adapted and paraphrased this training for presentation in the Education Law class of my program and have attached the Powerpoint as an artifact demonstrating work toward this competency. My choice to present this information in class and to include this in my portfolio was influenced by the importance I see in all school leaders realizing that education law applies to ALL students. Education law, including No child Left Behind, IDEA, and case law determinations intersect to protect the rights of all populations when there are unique needs, including disabilities.
I found the IEP Manager Training overview very helpful in framing my view of the provision of special education services in the context of an educational system. The legislation and case law have determined that every child has the right to a free and appropriate public education. Changing the general education access in any way without due process, as determined by the law, is a violation of a student’s civil rights. Therefore the Office of Civil Rights and Office of Special Education Programs work together to protect the rights of students with disabilities, or students who may be incorrectly identified as having a disability. This has helped me frame a more accurate description of special education services as specialized instruction to meet a child’s special education need. While the law does provide for a continuum of settings, the idea of special education as a place or classroom, is not a correct working model. Children are first students in a school with a right to the general curriculum and setting and secondly students with special education needs. This working model is supported by the law and by best practice in implementation of instructional and behavioral interventions through Professional Learning Communities resulting in tiered systems of supports for ALL students.
In Fall of 2009 Saint Paul Public Schools Early Childhood Special Education Part C (birth to age three) services was selected by the federal Office of Special Education Programs (OSEP) as a data verification site for performance on the compliance indicator on the State Performance Plan of Timely Evaluation. This timeline states that a District has 45 days from the point of referral to the initial Individualized Family Service Plan (IFSP) meeting. Saint Paul Early Childhood Special Education had poor performance on this Indicator, along with most other large districts in Minnesota. On the MDE State Performance Profile the District performance in 2007-2008 was 45.3% on this 100% compliance indicator. As the supervisor of the program at the time I had the pleasure of developing the data verification visit for the OSEP staff and participating in the two day discussion. The problem solving process of the data verification involved interviews of all stakeholder groups and a problem solving process with school district, MDE, and OSEP. This problem solving process could be used at any level of work in special education and was a valuable experience. How many new leaders are fortunate enough to have a problem solving session with OSEP? This visit resulted in many strategies and program improvements for correction to 100% compliance on the 45 day timeline for Part C evaluation to IFSP planning meeting.
In bringing policy and law to the school leadership level and outcomes for students, I have found that the interpretation of appropriate application can vary widely. Reflective questions may help a school leader when considering application of the law in relationship to due process, compliance, and instructional factors: What would you want to happen to you? What would you want to happen to YOUR child or the ones you love? What do adults with disabilities tell us about their school experiences? What does research and evidence – based practice tell us?
Artifacts:
IDEA Website:
Legal Issue Paper:
Legal Issue Paper.pdf (60,2 kB)
Education Law Class Presentation - Access to the general curriculum:
Ed Law November 3 PPT.pdf (66 kB)