May 2024 - Special Educator e-Journal

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Special Education Legal Alert

By Perry A. Zirkel

© April 2024

This month’s update identifies recent court decisions that respectively illustrate, within the context of jurisdictional variation, (1) the differences in substantive standards under the IDEA and Section 504/ADA, and (2) the variety of claims under the IDEA, including free appropriate public education (FAPE), functional behavioral assessments (FBAs)/behavior intervention plans (BIPs) extended school year (ESY), and independent educational evaluations (IEEs).  For previous monthly updates and related publications, see perryzirkel.com.

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    U.S. Department of Education Launches Government Coordinating Council to Strengthen Cybersecurity in Schools

    The U.S. Department of Education (Department), in coordination with the Cybersecurity and Infrastructure Security Agency (CISA), today launched the Government Coordinating Council (GCC) for the Education Facilities Subsector, a pivotal step forward in the national effort to enhance cybersecurity across K-12 educational institutions. This new council signifies an unprecedented level of collaboration between federal, state, tribal, and local governments to protect schools from cybersecurity threats.  The Education Facilities Subsector is part of the Government Facilities Sector, one of 16 critical infrastructure sectors defined in Presidential Policy Directive 21.

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    U.S. Department of Education Office for Civil Rights Resolves Restraint and Seclusion Compliance Review

    The U.S. Department of Education’s Office for Civil Rights (OCR) announced that the Denton Independent School District in Texas has entered into a resolution agreement to ensure that its restraint policies and practices do not deny students with disabilities a free appropriate public education (FAPE).

    OCR’s review identified a number of concerns with the district’s compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II) and their implementing regulations with respect to district restraint practices.

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    English/Language Arts Instructional Design and the Criterion of the Least Dangerous Assumption

    By Monica I. Floreani

    Abstract

    English/Language Arts (ELA) teachers working within a wide variety of student populations face options in adopting a literacy model that improves educational results for students. Interpretation and implementation of educational philosophy for teachers who are vulnerable to scrutiny of appropriate service delivery involves distinguishing between Liberal Humanist Critical Reading or Critical Literacy Pedagogy (Cervetti, 2001). Choosing between distinctive approaches to criticality entail instructional designs with potentially different long-term effects on learning outcomes. Because there is no reliable standard to ensure optimal functioning, the criterion of the least dangerous assumption (Donnellan, 1984) may be key to evaluating literacy models as a form of intervention that develop students’ critical thinking skills and supports collaborative family-school relationships.

    Keywords: Critical Literacy Pedagogy, Critical Social Justice Education, English/Language Arts (ELA), Evidence-Based Practice Interventions, Family-School-Community Relationship, Free and Appropriate Public Education, Individualized Educational Plan, Kindergarten through Twelfth Grade, Individualized Educational Program, Liberal-Humanism Critical Reading, Multi-Tier System of Supports/Response to Intervention, Students with Disabilities, Universal Design for Learning

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    The Use of Action Research for Pre-Service Teachers to Learn Reflective Practices

    By Dr. Jessise S. King

    Abstract

    This paper explores the integration of action research into pre-service teaching programs to foster reflective practices among aspiring educators.  Originating from Kurt Lewin’s work in 1944, action research offers a systematic approach to investigating classroom issues and refining instructional strategies.  By examining collaborative action research (CARS) and its role in creating inclusive educational environments, this paper underscores the significance of action research in addressing pedagogical challenges and promoting systemic change.  Through practical avenues such as mentor-teacher collaboration and strategy implementation, pre-service teachers engage in reflective practices to enhance their pedagogical skills.  This structured approach not only facilitates professional growth but also cultivates a culture of continuous improvement within the educational community.  Overall, integrating action research into pre-service teacher education proves instrumental in enhancing reflective practices, improving teaching effectiveness, and advancing student learning outcomes.

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    Book Review: The Energy Bus: 10 Rules to Fuel Your Life, Work, and Team by Jon Gordon

    By Shante Humphrey

                Jon Gordon grew up in Long Island, NY, in a Jewish-Italian family. He did not have a positive household, and he often engaged in fights with the neighborhood kids. When this occurred, he felt like he was fighting for his life. After high school, he attended college at  Cornell University. Here is where he learned about teamwork, culture, and leadership. Mr.  Gordon went back and forth between law school and a dot-com job. He struggled at work and his  team was collapsing. His family life was also falling apart due to stress. Gordon eventually  ended up losing his job and did not know how he was going to provide for his family. His wife  even began to question him, asking him where the man was she married. The real challengecame when she threatened to leave him. He blamed her for the tribulations he faced. Jon was the type of person who was constantly trying to prove himself to others and gain the valid status of being successful; this made him even more miserable. A life changing moment occurred in his life when he forgave his father for leaving him. This was the first step in letting go of his past.

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    Book Review: Nonverbal Learning Disorders: A School and Life Perspective

    By Florencia Pecorari

     

    Abstract

    This book review provides an overview and evaluation of "Nonverbal Learning Disorders: A School and Life Perspective" by Gloria Hash. The review highlights the increasing prevalence of Nonverbal Learning Disorder (NLD) among students and the lack of understanding from teachers and parents. The book aims to address this gap by offering explanations of NLD and coping strategies targeted at parents, teachers, administrators, and students. By promoting collaborative reading and discussions, the book empowers NLD students to make informed choices and achieve academic, social, and emotional growth. While the book explores the developmental trajectory of NLD and offers valuable insights into its characteristics, it contrasts with public school mandates on cursive writing instruction. Despite its clear organization and insightful examples, the review notes a lack of deeper exploration into the interrelation between educational and home environments for NLD students. Overall, the book enhances awareness and understanding of NLD, making it a valuable resource for supporting individuals affected by this condition.

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    Book Review: What Great Principals Do Differently: 18 Things That Matter Most

    By Nori Llizo

     

    Abstract

    The book "What Great Principals Do Differently: 18 Things that Matter Most" by Todd Whitaker is summarized in this abstract. The review delves into the goal of the book, which is to analyze the traits and actions of effective school principals and provide guidance to enable constructive change for both students and schools. According to Whitaker's thesis, exceptional principals have particular traits and follow particular practices that make them stand out. The book gives readers a thorough grasp of the main themes and objectives covered in Whitaker's work by outlining 18 crucial concepts that stand in for crucial behaviors for effective school leadership.

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      Acknowledgements

      Portions of this or previous month’s NASET’s Special Educator e-Journal were excerpted from:

      • Center for Parent Information and Resources
      • Committee on Education and the Workforce
      • FirstGov.gov-The Official U.S. Government Web Portal
      • Journal of the American Academy of Special Education Professionals (JAASEP)
      • National Collaborative on Workforce and Disability for Youth
      • National Institute of Health
      • National Organization on Disability
      • Substance Abuse and Mental Health Services Administration
      • U.S. Department of Education
      • U.S. Department of Education-The Achiever
      • U.S. Department of Education-The Education Innovator
      • U.S. Department of Health and Human Services
      • U.S. Department of Labor
      • U.S. Food and Drug Administration
      • U.S. Office of Special Education

        The National Association of Special Education Teachers (NASET) thanks all of the above for the information provided for this or prior editions of the Special Educator e-Journal

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