gutfeld,+david,+laws+concerning+SPED+for+general+educators



=**Introduction:** =

__//**Who are you?**//__
My name is David Gutfeld. I graduated from the Masters College in Spring of 2009. After college I studied at the Hebrew University of Jerusalem and worked on a MA in Religious Studies, focusing on late antiquity.

__//**What are your career goals?**//__
 My current career goals are to finish this program (obviously), but in addition I also want to get settled into teaching in a ‘big’ city. I also want to help develop international connections between educators and students. Having both taught and studied abroad, I have seen first hand the benefits of having international connections. I believe that in our global world today it is only those who are building and thinking from a global mindset that will succeed.



//__ **What is an interesting about you?** __//
An interesting factoid about me is that I grew up in a military home; my father is retired coast guard. This colors my experiences quite significantly. Throughout my entire life I have been moving, so I get very antsy when I am in one place for too long.

__//**What brings you joy?**//__
 Something that brings joy to me is mornings. As the son of a sea cook, all my life I have arisen early. My favorite memories are often associated with mornings. There are few things sweeter to me than to enjoy my morning coffee and my quite morning meditations; this refreshes my soul. Also, I really like hiking! Both of my pictures are from hiking trips I've taken at various times.

//__**Biggest Teaching Fear?**__//
 My biggest fear as a teacher is that I would lead students to think dogmatically. My plea in life is that people would consider others’ positions. Having been educated in dogmatic settings, I’ve seen first hand the dangers it presents. I want to help people to see others’ points of view.

__//**Most difficult education experience?**//__
 I’ll never forget the most difficult educational experience I’ve had. It occurred during the summer after my freshman year of college. I was taking an intensive Greek class and was struggling to make sense of a point of grammar. I constantly was banging my head against the wall trying to figure this out, but alas it felt incomprehensible; I felt a failure. A good friend of mine saw me one day in the library struggling and gently came over and helped me through this problem. Over time I succeed in my class with his help- I even eventually majored partially in Greek! I plan to use this experience as a reminder that sometimes students need a little prodding to achieve their best results.

__//**Expectation for the class?**//__
<span style="font-family: Arial,Helvetica,sans-serif; font-size: 17.3333px;"> An expectation I have for this course is to learn the protocols expected of teachers in SPED.

__<span style="font-family: Arial,Helvetica,sans-serif;">**Topic**: SPED Laws for General Educators __
My topic, laws concerning SPED for general educators, contains both present and historic layers of importance. As a general educator [GE], society mandates us to perform a number of tasks for exceptional students. These mandates arose from the complicated and tragic plight of educating exceptional students. In previous generations, exceptional students faced numerous discriminations- against their very existence in some instances. While our laws are still evolving, advocates for exceptional students waged a battle to build a foundation. GEs need to honor their work in two ways: by carrying out what they fought for and by continuing the struggle for a more inclusive society. This topic will be a small piece in that important work.

__<span style="font-family: Arial,Helvetica,sans-serif;">**The top 5 things learned while researching:** __
<span style="font-family: Arial,Helvetica,sans-serif;">1) IDEA and 504 have distinct differences. <span style="font-family: Arial,Helvetica,sans-serif;">2) The public policy engine for SPED is vast! <span style="font-family: Arial,Helvetica,sans-serif;">3) Due process is a much more common phenom than I previously thought. (Originally, I assumed that due process occurred rarely, but as the Washington site I observed shows, it occurs frequently. I left off several sites from my list from states expressing similar things [bigger districts even had their own section to peruse] ). 4) SPED students do not often represent themselves (This may seem basic, but its implications are important. For example, if some SPED students have parents not as adapt in representing their interests, then the students will have hardly any representation. As public agents, we are their representation.) 5) The esteem and interest of the child do not necessarily matter in law. (As I researched the laws, taking care of students was hardly the focus of various laws. For the most part, it was about covering ones trail [to avoid lawsuit]).

__<span style="font-family: Arial,Helvetica,sans-serif;">**Top resource with a short description**: __
1)[]

This site outlines the differences between IDEA and 504. In my placement, we had an issue with creating a 504 with a student. I was a bit confused seeing the differences between the two and this website clearly outline the differences. The differences are bullet outlined, for ease of reference. This website could easily be printed off for further ease of access; placed in a SPED binder, perhaps. Since GEs have important duties in IDEA and 504 under law, seeing the differences clearly presented out was very helpful.

I give this site a big **5**! The accessibility and ease of access are impeccable.

__<span style="font-family: Arial,Helvetica,sans-serif;">**Additional resources:** __
2) []

This lobbyist group advocates for special education families, but their information is also valuable for GEs. They have books written to address issues in SPED (IEPS, IDEA, 504c, etc.); occasional trainings across the country to prepare for advocacy; and a topic directory for all things SPED. This latter part is particularly useful. For example, if one clicks the autism section one is sent to a link concerning autism. On this link is information related to autism. They provide numerous articles, from what is autism to intensive early intervention. Also, information about working with autism and resources can be had. The prime info on this site, at least for me, is the section in each subheading called case law. This section lists various court cases concerning SPED issues, for example the autism section has information about autism.

I give this site a **3.5**. I enjoy the information it presents and the manner in which it is presented, which would make me want to give it a 5. However, the site is difficult to maneuver on- making their excellent content difficult to find. Further, the site is representing an advocacy group, so it is biased; although, the information I perused was not too tainted.

3) Book: Herr and Huefner (2011). **Navigating Special Education Law and Policy**, Attainment Company. Available here, [].

The websites definition follows:

//Educators and parents had not hitherto been able to study the legal sources and limits of these rights. This hugely comprehensive guide remedies that. An understanding of rights, relationships between federal and state governments, and interactions of legislation, regulations, and court decisions are addressed in detail. And this vastly updated version retains the clarity and readability of the original, explaining complex material in simple terms. It’s written for undergraduate and graduate students in special education and is also ideal for staff development of special and general educators, administrators, and auxiliary personnel in public schools.//

This book takes the best of what wrightslaw.com does (case law) and expands it tenfold. The book is a sort of bible for SPED, for those who need a weighty measuring stick. I would give this resource a big **5**. It is resource book, not a quick read (unless one has trouble sleeping).

4) **The** **29th Annual Pacific Northwest Institute on Special Education and the Law: []**

This institute, held annually each year, discusses the issues around SPED and the Law. It will be held in Seattle, Washington this year. There will be plenary sessions, workshops, pre-conference mini-courses, and networking opportunities. While the conference covers a vast scope of educators, GEs will benefit mightily from attending. For example, one workshop would be very helpful for coaches and club leaders: “ Athletics, Clubs and the Student with Disabilities under Section 504 and Title II of the ADA”.

The organization describes the event as such:

//Founded in 1984, originally as a Washington State Institute, this regionally based conference on special education law serves educators and attorneys from sister states in the Pacific Northwest and attracts attendees from throughout the nation. Parents and parent advocates are also encouraged to attend. The primary mission of the Institute is to keep practitioners aware of congressional amendments to the Individuals with Disabilities Education Act (IDEA) and recent court cases interpreting the Act. Most faculty are nationally prominent acknowledged school or Plaintiff attorneys with active practices in IDEA litigation. The Institute also addresses Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, Sections 1983 and 1985 of the Civil Rights Act, No Child Left Behind Act, and other federal and state laws affecting the operation and management of special education programs in public schools. The Institute consists of four general sessions and sixteen workshops over two days. The Institute is preceded by a full day of optional mini-courses providing formal instruction in various special education law topics.//

I give this resource a big **5**. A conference dedicated to the very issue of our investigation can be nothing but beneficial. Further, one could gain PDU time possibly from attending.

5) []

[]

These two websites work in tandem; hence, I place them together. The first website links to the Office of Special Education within the Department of Education. This website contains all the typical FED information one would expect. Of special interest here, is the physical copies of laws. One is able to find the official policy given by the government, although that might vary from the interpretation given in various court cases. These documents benefit GEs by giving easy access to information.

The second site is the Department of Education in Oregon’s website. The site is a great deal smaller than the fed site- in addition regurgitating information from the latter. However, of interest here is a document named “ [|Oregon Administrative Rules for Special Education]”. This pdf provides the rules for how the State mandates SPED application.

I would rate these sites a **4**. While the content contained is of 5 quality, the overall legalese represented within documents precludes me from giving them a 5.

6) []

As GEs, we have numerous rights of responsibilities. However, we also have rights of representation. I include this section here to make them available. Hopefully, none of us will ever be accused of not doing our duty to the students under our care. But if such a situation occurs, it is important to recognize that we have rights granted to do us in case such a situation occurs. This link connects to the OSEA section on our rights. In outlines three areas: [|Weingarten rights], [|Garrity rights], and our [|Legal services] from the union. This section is like a what-if scenario.

I give this site a **3.5**. Although it lays out helpful information, the information is brief. The site could include examples of situations that have occurred, especially in regards to SPED.

7) []

This site provides various due process cases in SPED from the State of Washington. One of our roles as public agents is to make sure laws are being enforced. We have the right to state that a particular student’s rights are not being met. From the site:

//Any individual or organization may file a citizen complaint if it believes a school district, another public agency serving// //special education students, a private agency under contract with a public agency to serve special education students, an educational service district, or the state has violated federal or state laws or regulations implementing IDEA.// //This site can be a guide to starting that process. Cases are listed according to the issue involved.//

Here is an example excerpt:

//**Issues: Accommodations; IEP Implementation; Parent Participation; Transition**// //**BACKGROUND:** The parents alleged the district failed to provide the student with services that would allow him to progress in his behavior, academic and transition goals. The parents also alleged they were denied the opportunity to meaningfully participate in developing the student’s IEPs, when the district not include additional accommodations requested by the parent. As a remedy, the parents requested adoption of a revised IEP that addressed different transition services; privateplacement, and tutoring.//
 * //2010-SE-0110 Orting SD (Mentzer)//** //[|Click here for the complete decision]//

//**CONCLUSIONS AND ORDERS:** (Split) The ALJ found the parents were afforded an opportunity to participate in meetings// //involving the student’s program. In addition, the transition components, and accommodations addressed in the IEP were appropriate. However, the student did not progress in academics, and while the district’s reports of progress towards annual goals suggested the student was making progress, the measure they stated would be used, did not support the determination that the student had made progress. In addition, there was no showing the IEP team reconvened to address the student’s lack of progress. The ALJ ordered that the district provide the student with a one-to-one aide for his language arts class and ordered tutoring one hour per day for one year to address the student’s lack of progress in reading, writing and English. The ALJ denied the parent’s request for private placement.//

I rate this site as a big **5**! It includes some of the most pertinent information available for GEs. It does so in an easily accessible format. This site can help us to implement our rights of responsibility.

8) []

The council of exceptional children (CEC) is one of North America’s premier organizations advocating for exceptional rights. This link is to their weekly email, //Policy Insider//. This email sent out each week, covers the various SPED issues on the table in Washington. In addition to the email, the CEC also hosts a blog covering issues of note in SPED policy. A sample blog posting is below:

//**CEC Responds to House ESEA/NCLB Proposals**//

//Over the past year, the U.S. House of Representatives Republican lead [|Education and Workforce Committee] has introduced a [|series of bills], meant to reauthorize the Elementary and Secondary Education Act, also known as No Child Left Behind (ESEA/NCLB). In the beginning of 2012, Chairman John Kline (R-MN) released the final two bills, [|The Student Success Act] and the [|Encouraging Innovation and Effective Teachers Act]. While CEC is hopeful that Congress will complete a full reauthorization of the law, CEC cannot support these bills.// //CEC expressed some key concerns about this legislation in a letter to Chairman Kline sent last week. The letter highlights issues which taken together lead to real concerns for all children, including children and youth with disabilities. These concerns include:// //To read CEC’s Letter click [|here]. For more information about the bills, watch [|this].//
 * //Elimination of Highly Qualified Teacher Provisions//
 * //Lack of Focus on Professional Development//
 * //Increased Privatization//
 * //Reduced, Capped and Eliminated Funding//
 * //Elimination of the 1% Cap//
 * //Reduction of Accountability for Students with Disabilities.//

Both the email and blog are of immense interest for general educators. They provide the latest information concerning SPED laws. Also, it can be helpful in starting to join the conversation as a public advocate for exceptional students.

I would rate this site a **4**. As with the wrightslaw site, it is an advocacy site, which forces it to have a bias. The blogs and the emails, however, are excellent and well done. They come promptly and provide excellent information.

9) []

This last link is for an article about issues involved in enacting SPED laws. It tells in narrative form the situation of a school in New York and the relationship one student had with the district. I found this source helpful, because it demonstrates the nature of properly understanding SPED. In general, I would give this site a **4**. The article shows how SPED laws can be difficult to interact with, although it could address this with more specificity.

=<span style="font-family: Arial,Helvetica,sans-serif;">** My Community Based Learning Project: ** =

<span style="font-family: Arial,Helvetica,sans-serif;">For my community based learning project I shadowed a self-contained classroom at my middle school placement. I stayed for an entire period and then interviewed the teacher afterwards. As I entered the room I noticed how distinct the room was from other classrooms. Contained therein was a refrigerator, oven and stove-top, washer and dryer, cozy chairs, and a variety of balls, games, and other 'fun' items. I felt an aura more of a community or youth center, rather than an actual classroom. There were nine students in the classroom.

<span style="font-family: Arial,Helvetica,sans-serif;">The teacher began class by placing a riddle on the board. It read, "What kind of flower is always with you?" The students threw out a barrage of guesses: 'a daisy?", "a fire-flower?", "a rose?", " a flower shirt?". Their teacher started battering her lips as a hit, yet the students continued throwing both actual flowers and random pieces of information. Eventually, one student guessed correctly: "tulips!" A sense of joy prevailed in the classroom as the students discussed the answer.

<span style="font-family: Arial,Helvetica,sans-serif;">Next, the teacher asked students to bring her their worksheets for her to check. At this point, an aide who had been in the room promptly left. The students slowly brought the sheets to her. When she had collected the sheets she placed sentences of some sort on an overhead. She told students to go and check the sentences and work on them at their desks independently; she began grading the sheets. During this interval of time, students constantly asked questions while she answered them and helped with their sheets. Also, the students quietly went to the bookshelf in the corner of the room and grabbed big, hefty dictionaries from the wall. This I assumed was to help with their spelling on the sheets. The students continued working on these sheets throughout the rest of the period. The teacher and the aide, who had stepped back in, worked with them intermediately throughout the period, answering their questions and reminding to stay on task. The classes ended by having the students wash their hands prior to lunch. They then lined up single-file and walked to the cafeteria. The students are allowed to arrive to lunch early to avoid chaos in lines, as they will not wait patiently in line with the general population.I left them at this point.

<span style="font-family: Arial,Helvetica,sans-serif;">I also interviewed their teacher. We will call her Mrs. C. My initial questions revolved around how the class is made up and what an average day is like. The class is a mainstream special education class room. The students take most of their classes in this room, except the one elective that they have during the teachers prep hour. They also mainstream during lunch. While they arrive to lunch early, the fact that they eat in the classroom is recognized by the state as being apart of general population. So besides these outside classes, the group takes all their particular subjects together. They have advisory, math, language arts (which I watched), reading, life-skills, and success.

<span style="font-family: Arial,Helvetica,sans-serif;">My second set of questions to Mrs. C were what academic level are these students at and what exceptionalities do they have? The students in her classroom are at least three years behind grade level. The textbooks she has are between 3rd and 4th grade, for 7th and 8th graders. Their exceptionalities are spread around. Two have Intelligence Deficiencies, four have Autism, One is fedal-alcohol, and their is one behavior student.

<span style="font-family: Arial,Helvetica,sans-serif;">I next asked her if she found this model of mainstreaming successful. She stated that there were so important contributions the system makes. For example, she says that she has noticed students in this classroom have fewer behavior problems. She attributes this to not being as overwhelmed and distracted as they might be in a general education classroom. However, she claims there are significant downsides to mainstreaming. For example, the students have no peer role models. Often, the students form groups and influence students towards negative behavior. If she could engage them more with the general population, then this might stop these affects.

<span style="font-family: Arial,Helvetica,sans-serif;">My next question was whether or not with the recent budget cuts she had experienced anything. She replied that her has lost an aide. This is is significantly hampering her class procedures. For example, prior she was able to hold cooking lessons for the students. In these lessons she taught students life-skills about how to be safe in the kitchen and to eat healthy. However, without the second aid she has cancelled these lessons. Also, the district has cut her budget for purchasing food supplies ($300 annually). She already spends $500 personally a year on supplies for the students, so her purchasing those supplies is far from feasible.

<span style="font-family: Arial,Helvetica,sans-serif;">My next two questions were about her specific schedule. I asked her what was the class success, She stated that this was a class where she teaches students skills to have success in life. For example, she in prior she taught the kitchen lessons here. She also teaches students how to do laundry in these periods, the classroom has a washer and dryer on the premise. My next question was whether she found this routine of classes successful, to which she replied yes with little clarifying information.

<span style="font-family: Arial,Helvetica,sans-serif;">After this, I followed up with asking what advice she would give to a general education teacher about dealing with exceptional students. Her advice was to use lots of check for understanding techniques, to make sure they are staying attentive in class. Also, exceptional students often have a slower processing time (5-6 seconds, instead of 1-2 seconds). This often strains teachers, because they do not think at the pace. Her advice was to maintain patience and composure. She recommended counting to five or six silently in ones head throughout the lesson to slow down the pace of class. further, she advised using lots of rewards and manipulatives. These provide an incentive for students to take their level to a higher plane.

<span style="font-family: Arial,Helvetica,sans-serif;">Next I asked her about the home situation for students. She replied that parental involvement is spotty, bordering between negligence and overbearingness. Many parents of students who have exceptionalities are themselves exceptional individuals. This creates a difficult situation when sending any sort of homework home with the students, as they themselves struggle with the assignments. Some parents see the classroom as an advance form of daycare for the students. She believes that these sort of parents see no future for their children. These parents are contrasted with what she termed 'helicopter' parents. These parents hover over their children and take care of everything for them. When dealing with them, she can barely breathe as they scrutinize and analyze her every action.

<span style="font-family: Arial,Helvetica,sans-serif;">My next question was about the school and district administration and whether they were helpful. She said for the most part yes. They provide support and encouragement, sans the one less aide and devalued food budget (at which she snarked at the name of a board member). She particularly likes the new principal. He is a former SPED teacher; his daughter has an exceptionality. These two facts give him incredible insight into dealing with the situations that arise from her classroom.

<span style="font-family: Arial,Helvetica,sans-serif;">The last question I asked her was whether she enjoys her job or not. She says that most days she enjoys her job. When she is with the students she has the most enjoyment. However, dealing with parents puts a difficult strain on her life.

<span style="font-family: Arial,Helvetica,sans-serif;">**Reflection**

I believe that my experience visiting the isolated classroom was a peculiar event. It really was an //other// experience. The classroom, which sits across from my room, bore no resemblance to my room with desks piled to the brim and students full to the gills. Something about the classroom seemed more humane, more caring. I can’t say entirely what was that humanity, but it had to do something I think with true education. An education focused on preparing these students to maximize their fullest abilities.

So much of our educational system seems focused on moving students along the latter: elementary school, rung one, middle school, rung two, high school, rung three, college, rung four, and so forth. This classroom appeared to me to be set for a fundamentally different purpose. The little kitchen in the classroom indicated this softly. Class appeared fun, full of life. While I was there the students moved through their task more slowly for sure, but even then this movement didn’t have negative side effects. It was a natural outgrowth of the students’ abilities. It is almost as if the class was being allowed to be themselves.

Now this rosy picture I’m painting existed in the classroom, the safe environment. Since I’ve visited the classroom, I notice the students in the hallways and in other places in our school. Their experiences seem so entirely different. They move slowly around their peers. Their peers make little thought of them, moving around them carefully, but with little regard. At our assembly, the class came in later than the rest of the student body; they missed the first fifteen minutes of the assembly; they left around ten minutes before everyone else. Something about them seem detached from the school body.

I don’t know entirely how to synchronize my thoughts and experiences about this yet; not sure anyone entirely does. I imagine this is why the movements of mainstreaming and full-inclusion began. A dichotomy of warmth when in the classroom and isolation when in public cannot stand. Schools need to be a place where students are embraced and brought into society, not thrown out and hid. Yet, problems and tough questions remain (for example, how can this work when some students struggle immensely, to the point of physical harm, in the general classroom?). Hopefully, our future answers will out shine our past responses.