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ED 560 Legal Issues: Final iMovie

A Special Education Broadcast: Baseball Edition


The iMovie is your self-reflection on all the learning you have acquired in this course. The
required elements are listed below as well as the rubric, describing the category elements. Read
BOTH before you begin and be creative. I have had students "sing" what the required
information, pretend they were on American Idol, etc. Have fun with your learning and this
presentation.
Required elements:

1. All seven modules must be addressed. What did you learn in each module that you did not
know before?
2. One legal case from each of the first six modules. What surprised you about this
case? Identify it first and then discuss what surprised you about it.
3. Description of how that case and/or what you learned from that module will impact your
teaching.
4. Identification and definition (in your own words) of terms you did not know. Which of the
many acronyms continues to confuse you?
5. How this course has changed your approach to special education? How will knowing about
special education services and laws make you a more effective, legally bound teacher?
6. Must contain POLISH and show creativity.
7. iMovie must be five minutes long.
8. Must contain five different visuals.
9. Can use any material found within the course or outside learning.
10. Once you have completed the iMovie, post it in this assignment tab.

Distinguished (50)
All required elements AND more are found in the iMovie. There is polish, creativity, and
complete accuracy of information. The sound is easy to hear, the visuals are clear and match the
verbiage; the iMovie is perfect. There is deep self-reflection; i.e., the student discusses how
ideas were clarified and how this course has changed the way in which s/he plans and delivers
concepts. The Distinguished category is earned by submitting a flawless product that goes
beyond the requirements listed.

Imagine if parenting were like a baseball game.

Youve loved the game all your life. Its a passion you are
waiting to come to life. Youre almost to the big leagues.
Its the start of something new. A brand new, exciting
season. You look out on the field and admire the ballpark
that is right in front of your eyes. You soak up the positive
energy and happiness of this new start in your life.

You know the game inside and out. You couldnt be more
prepared. You have the entire playbook written out. Youve
attended all of the necessary practices and youre suited
up with all the equipment you need. You have 100%
confidence that the timing is right and you know EXACTLY
what to expect.

But theres one foul. Being a special needs parent is a


whole new ballgame.

Nothing can prepare you for this season in front of you. The
one you thought you had in order. Not your training,
coaches, past teammates and those who were in the
league before. There is no go-to handbook, there is no
game tape, and you dont even really have teammates
playing on the field with you. Youre tackling this on your
own.
What happened to all of those parenting books youve
read? The education and hours youve put in, that was like
a training camp.

You do look out onto the field with stars in your eyes. You
imagine your journey- easy, charted course from first,
second, third and back to home. Each base represents the
steps towards your childs milestones. The pace around
each base does vary greatly, but there is a path to follow.

You glance at the dugout where you will have players to


collaborate and bond with as your child triumphs over
major milestones. You have them to talk to, relate to, and
know they have your back as theyre experiencing it.

Your vision is all in place and you step foot on home plate
ready to take your first swing.

You are thrilled to get started, You are ready, all suited up,
for the games ahead. Batter up.
You hear the fans, the cheering and the adrenaline is
going. This is all you dreamed of. Its part of your plan as
you know youll hit a home run.

The pitcher throws a CURVEBALL. A curveball, is this a


joke? This isnt part of the plan. This isnt what I signed up
for. You know they exist, but youve never seen it coming.

The game now, is INSANTLY different. But what I must tell


you is that it will be the most amazing, inspiring and
phenomenal game of your life.

Take a deep breath, mothers, fathers, guardians and the


families of children with special needs.

Embrace your very own pitch and swing for the fences.

You set out for first base, but its a whole new landscape
and theres new players, coaches, etc. Theres no set path,
no bases.
The bases exist, but they look different from what you
pictured them to be. You bases wont be cookie cutter
milestones, but theyll come from your childs own goals.

Youll make it there, I promise. But it will take time. You


will work harder than you ever imagined- a lot of blood,
sweat, and tears will slide you to each base.

The coaches will become your therapists, your teachers


and potentially a few doctors. Each coach has their own
set of rules, the truth is, theyre also navigating the new
game along with you. Theyve coached other players, but
each child is unique.

There are others who may have never played the game
before but will want to offer advice. Most advice should be
positive, but there will be waves of negativity, but focus on
YOUR GAME.

The fans will be slow to cheer you on. The seats may be at
first empty with the exceptions of some who have been in
the same shoes as you. You will feel lonely at times,
Tremble at the fear of the unknown. The sooner you let your
fans back into the ballpark to help, guide and support you,
the smoother of a game it will be. You need a cheering
section.

Scout out new teammates and keep them close. These are
your fellow parents who have a child with special needs.
People around you in the same league will be appreciated.
They will be right by your side, celebrating your wins and
losses, strikeouts, and the home runs. Their bases wont
be the same, but each individual will become the MVP.

You may feel like you are playing an impossible game. That
you want to give up. You dont have enough energy to keep
on going.

But trust me when I say this, you have more heart, love,
dedication and passion for the game than any other team.
You are playing the World Series of parenting and youve
worked hard enough to make it.
This time in your life will be the biggest and most
rewarding accomplishment of your life. Each thrill of each
win of the season will be more than you ever dreamed of.

Youve earned it. Take that step on the home plate and
make it better than you ever imagined it to be.

Secrets of the Game


Your child will teach you more than you will ever teach
them.
Your child with special needs is a child FIRST
You know your child best. Dont overthink it. Trust
yourself, always.
It can be lonely, but surround yourself with someone
who understands.
There is consistency in routine
Dont hesitate to say NO to doctors
Grieve the losses, but celebrate the wins
Take care of yourself
Pencil it in, never pen. Be flexible and know youll
have to bend.
Dont compare. Your child is one of a kind
You will become an army. Never forget that.
Let your child lead the way sometimes. They know
what they can take on or handle.
Start gaining a sense of humor.
Crying will become second nature. Frustration,
success, good days, days, joy, excitement.
Love your child. Perfection is not in the dictionary for
any parent.
Youre in the Major Leagues so youll see things that
other dont. Youll see a lack of awareness, ignorance,
and discrimination. But dont let that overshadow the
miracles that will be right in front of your eyes.
Youll treasure the biggest and most importantly
smallest steps in your childs life.
Youll transform into a teacher, advocate, specialist,
and voice for your child. Know your worth.

Week 1: Research

History of the Law, Provisions and Basic Overview


In our initial week, we dove right into the course through gaining a basic
understanding of the various legal aspects and functions of special education.
Before moving forward, we read about the history of the law in our text.

We learned about the divide in individuals, then lead to the major framework for
change. The 14th amendment is the superior philosophy as states may not
deprive any individual of life, liberty or property without due process of law nor
deny anyone equal protection of the laws. I knew that special education
lacked in strength and a common understanding. However, many educational
laws and guidelines helped push segregation to integration.

It was interesting refreshing my knowledge on the timeline of education,


particularly the major laws and leading contributors to how far special education
has come to this day. Special education is meeting individuals WHERE THEY
ARE. It was alarming reading in one of the components of our module that in the
year of 1975 nearly 3 million students were not receiving the tools they needed
to learn and succeed.

We each do have a defining role as a special educator. Its valuable to remind


ourselves that we always want to first focus on the interests, learning style and
multiple intelligence. It is something that is often glazed over. Multiple avenues
for students to learn truly does improve learning. Our brains are all wired in their
own way, so we have to remind ourselves that it is the same for our students.

Case Law:

MC vs. Antelope Valley

M.C. suffers from Norrie Disease= blindness


Developmental delays in multiple areas
Signed IEP document that stated, authorize the goals and services but did not
provide FAPE}
Due process complaint
IDEAs goal is to ensure all children have a FAPE
It was sad that see a school not comply procedurally and substantively with IDEA
The change wasnt given and this caused the dispute
Proper documentation, notice and consent is required

HOW IT IMPACTS TEACHING

Week 2: Getting to Know the Players of the Game

The IEP Team Players


A team isnt a team without players. They make a team what it is as they each
have their own role.

In the field of special education, I take for granted the amount of collaboration
and contributions you must make.

What is TEAM COLLABORATION? When we collaborate, the contributions of each


team member (parents, teachers. Therapists, administrators) are equally values
and all members possess decision making power.

Each team member, like each baseball player, share at least one mutual goal.
They all are responsible for working towards achieving the goal and have the best
interest of each student.

Educators cannot work in isolation. What if baseball players practiced by


themselves and never came together before a game? They would have trouble
coming together at the big game. The big game is like an IEP meeting.

Federal mandates require IEP teams to work together to help students be


successful. An atmosphere of collaboration encourages team members to
problem solve and share expertise.
The rising expectations for student outcomes and increased complexity of
educating students effectively can only be accomplished through collaboration
among professionals and between professionals and parents and the
community.

Sharing Ideas
Need a consult? Every teacher can give and ask for advice as they are educated
in specified areas.

Id like to share the 7 HABITS OF EFFECTIVE IEP TEAM MEETINGS


1) Be Proactive
2) Begin with the End in Mind
3) Put First Things First
4) Think Win Win
5) Seek First to Understand, Then to Be Understood
6) Synergize
7) Sharpening the Saw

While we discussed the role of each player of the IEP team, I thought to myself,
there must be more ways to communicate beyond email and phone calls
New technology has offered more ways to communicate beyond phone calls and
email such as BLOGS, WIKIS, ELECTRONIC BULLETIN BOARDS, AND SHARED
DOCUMENTS AND CALENDARS

Communication does work for those who work at it

Good Communication

Facilitators:
Diverse team members
Members are willing to participate and assume different roles
Members are mature, flexible and committed
Use of constructive comments
Barriers:
Narrows range of expertise
Poor structure and ground rules for team
Insufficient time or resources
Members lack skills in conflict resolution

Furthermore, as you enter into your first Major League game, youll learn about
the special education process. It is refreshing learning about the various
branches of disability categories. Each disability does present with its own set of
challenges, but they make your child who they are today.

Parents have 3 designated roles of consent:


1) Evaluation
2) Placement
3) Other decisions

Youll hear about the Handicapped Childrens Protection Act (HCPA), which is
one of the multiple amendments of IDEA. It was an essential milestone ensuring
effective advocacy in special education.

2. PLYER VS. DOE


a. Public Education not a "RIGHT" granted to individuals
i. But a government BENEFIT separate from other forms of social welfare
legislation
b. Public Schools
i. Most vital civic institution for preservation of democratic system of
government
ii. Vehicle for the values of our society
iii. Education= role of maintaining the fabric of our society
iv. Illiteracy is an enduring disability

AS BOTH CLEBURNE AND PLYER DEMONSTRATE


Constitutionally based cases involving UNEQUAL treatment in our system are going
to incorporate a HEIGHTENED EQUAL PROTECTION TEST
o Look more closely at the state's treatment of individuals with disabilities
o PARC (Judicial opinion) before Plyer or Cleburne indicated exclusion of
students is UNLIKELY TO BE RATIONALLY BASED
HOW IT IMPACTS TEACHING

Week 3: The Pre-Game


Now that youre more informed of the history of the game and the players youll
most likely encounter, were going to discuss the role of evaluation..

I have read over a handful of evaluation reports, but acting as a school


psychologist in a Multidisciplinary Meeting (MDT) was a learning curve.

You havent yet practiced or know much about the game youll about to take part
in (the IEP team meeting) because you have to first gather the information you
have at this time.

Youll talk about identification, eligibility, planning an IEP, instructional


strategies and measuring progress. Its just like identifying the potential players,
determining their eligibility (strengths and weaknesses), making a game plan,
strategies for each player, and measurement of progress for the season ahead,.
Of course on a much different scale.

Ive learned along the way the various steps of the Dispute Resolution process.
This is when or if you disagree with the TERMS, SERVICES OR PLACEMENT. A due
process may be put into effect if need be.

Child Find is a legal requirement that continuously finds and evaluates


individuals who may have a disability. I didnt know that it was so involved, as
you can look at it from the perspective of 7 elements.
1) Finding target population
2) Public awareness
3) Referral and intake
4) Screening and identification
5) Eligibility determination
6) Tracking
7) Agency collaboration

Procedural safeguards also spell out the LEGAL RIGHTS and PROTECTIONS
you have as a parent. These are like the elbow, knee, and all those paddings
that protect you if youre hit or something comes your way that you arent
ready or happy with.

1. LARRY P. VS. RILES


1. Class action case challenging use of IQ TESTS for placement of African-American student in
EMR (Educable mentally retarded) classes
i. "Dead End Classes": no hope of general education
ii. Purpose: no remedial training, but economically useful and socially adjusted
iii. Primary Instructional Goals EMR:
1. Physical and health development
2. Personal hygiene
3. Language and communication
4. Emotional adjustment
5. Basic home & community living skills
6. Occupational & vocational
7. Citizenship
iv. NO READING, WRITING AND MATH INCLUDED
v. Ages 8-10
vi. Regression: 20% only returned to general education
vii. IQ Tests: not measuring true abilities of children
2. Ordered a re-evaluation of every child using standardized intelligence tests

Week 4: The Draft


So youve gotten the players together, have your background info, and a plan
ready, its time to draft the game plan (IEP).

You and I both will encounter new people, situations and decisions. I know that I
will have no two children who will be 100% similar. Children can be similar in
their personality traits, academic strengths, needs, etc. but every single child is
unique.

I am well-versed in the special education process, discipline is one aspect of


every classroom is always a work in progress, It was helpful taking a step back
and seeing that discipline should be seen as a proactive term. It is a way of
practice to create POSITIVE behavior. Were not only recognizing the negative
behavior, but hoping to mold positive behavior.

The Journey of Special Education (The Road to the Game)

1) A Child is Identified
2) Child is Evaluated
3) Does the Child Need Special Education services/support
4) IEP Meeting is scheduled
5) Day of IEP Meeting
6) Special Education services provided
7) Reviewing and revising

Philosophy Behind LRE


Separation of education= STIGMATIZING

ONCKER VS. WALTER


Neill Roncker
o 9 years old
o Severe ID & seizures
o Requires constant supervisions
o Parents objected EXCLUSION from other typically developing peers
Education Background
o Began attending a class for SEVERELY MENTALLY RETARDED at Pleasant Ridge
Elementary School in 1979

o Congress has expressed a clear preference for educating handicapped children in the regular
classrooms of the public schools. Handicapped children should be removed from regular classes only
when their education cannot be achieved satisfactorily with the use of supplementary aids and services.
o Despite this preference for mainstreaming, however, the statute clearly contemplates that there will
be some separate schools and schooling.
o The severity of Neills handicap is such that even with supplementary aids and services, the District
Court found that Neill cannot achieve a satisfactory education or indeed any education in a regular
class.
Week 5: The Minor and Major Leagues
Depending on your childs age, transition services is a whole new ballgame for
secondary education. Up until high school, your child will have an IEP, a team
and coordinated services, accommodations, modifications, etc.

This is exactly when a player is ready for the big leagues. He has acquired a great
deal of skills, achievements and strengths. Now his coaches, team members and
other players will help gather his strengths, needs, skills and interests. Goals are
set and dreams are curated.

Im an elementary special educator, so the world of transition services is new.


Learning about the steps of the admission process, post-admission, services,
etc. was enlightening,

Its incredible how all through the grades up until grade 12 your child has a
voice, but your voice is a prominent one. Now that a child is moving is moving
into the secondary stage, they are in charge of their education, goals and
dreams ahead.

Its a new landscape of understanding, acceptance, appropriateness, and


learning.

This is where you are in the outfield, watching your child taking on home plate.

Brookhart Vs. Illinois Board of Education. Prior to this case that went into effect,
a minimal competency test was required to be completed by an individual
entering into a postsecondary institution. This was a violation as Section 504
because because again, Section 504 prohibits discrimination and every single
child is entitled to FAPE. In educational history, many individuals have been
contested FAPE. Compensatory relief gives every child FAPE that was once
denied it. As now this is a much different scenario for Jane, she will be covered,
supported and provided with the best tools she needs.
Week 6: The Big Game
Youve travelled on many bases, encountered many coaches, players and have
spoken to various fans.

Discipline and behavior modification plans are at the core of special education.
Every child gets strikeouts here and there, but most importantly theyll have
fouls. These fouls occur when they may take a different turn in their behavior.
Some disabilities cause frustration, disturbances and distractions that interfere
with learning.

Discipline is a guiding principle for discipline under IDEA states that a school
cannot single-handedly change a placement by taking the student from school
for behavior caused by their disability/ Student programming must be changed
to address behavior concerns as and each individual receives FAPE even with
removal through suspension or expulsion

HONIG V. DOE
In this court case, a California school board violated the EAHCA when they
suspended a student for violent and disruptive behavior rooted from their
disability. It also provided that the STATE must be provide services when local
school board does not. One student who has emotional difficulties qualified for
services under the law. The schools disciplinary actions violated what is called
the STAY PUT provision of the act.
This case can be related back to baseball. This child was wrongfully taken from
school as his behavior came from his disability. The disability isnt in plain sight.
Its like a strain, it causes pain, heartache, and a disruption in the individuals
ability to perform their best. But some TLC, support, and services can help him to
get him in a good place.
In baseball games, youll have your share of disputes or disagreements with a
call the coaches make. A central part of dispute resolution is MEDIATION.
Sometimes you just need to talk things out with the other individual and see
both perspectives.

The Language of Special Education


Functional Analysis Assessment (FAA)

An evaluation process to understand the purpose, motivation, and correlates of challenging behavior(s) in order to
develop a positive and appropriate Behavior Intervention Plan (BIP), instructional supports and services.

Accommodations
A change in curriculum or instruction that does not substantially modify the requirements of the class or alter the
content standards or benchmarks.

Accommodations are one aspect I continue to grow in education and awareness.


Its interesting to see the groupings of accommodations individuals need, but I
think I continue to open myself up to the balance and scale of accommodations.

Assistive technology (AT) is a world that I dont know all about quite yet. Ive read
and talked about it quite a bit, but I have yet to see individuals with AT in action.

How this course has changed your approach to special


education? How will knowing about special education services
and laws make you a more effective, legally bound teacher?
This course not only allowed me to stimulate, refresh and gain
my awareness of many laws, course cases, and important
language, but learn more about the depths that we must know
as special educators.
It taught me as well to never take for granted the law, rights and
responsibilities both the schools and parents/families have.
They are the heart and soul for this field. They serve as constant
reminders to uphold our lives within these foundations that
helped special be what it is today.
We wear many hats. We serve as educators and advocates. Our
schedules are divided into planning, instruction, assessment,
and managing IEPs.