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To what extent do you believe current legislation is sufficient to support special needs students?

To what extent do you believe current legislation is sufficient to support special needs students?

 To what extent do you believe current legislation is sufficient to support special needs students?

Topic 3 DQ 1

Several pieces of legislation were implemented to protect special needs students. To what extent do you believe current legislation is sufficient to support special needs students? Explain. Support your answer with current research.


1. Derycka Shirley

The U.S. Constitution tenth Amendment indicates the education is the responsibility of the state. The history of special education has had a long-standing battle by parents and advocate groups in courts and legislature to get due process for scholars with disabilities. In the ninetieth and twentieth century was the nationwide influence of state-level schooling requirements (Clay & et al., 2021). Since that era there has been significant and crucial change somewhat on how special education services is being delivered and funded after perusing the Recommendations for Change Public Law 108-446 for Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004). The recommendation that I think affect many scholars and that has been neglected is recommendation number ten, which discussions the terminology of emotional disturbance be changed to emotional and behavioral disability. Through this proposal scholars with this identification will not be label as disturbed.  For the last two decades there has been cumulative concern about the essential need to advance the achievement and social-emotional functioning of youth who have emotional disturbances (ED) (Kutash & et al., 2011). Through this proposal a keen eye will be placed on scholars with this disability.

Nonetheless, the name “disturbance “and the federal definition remains problematic today as it was when it was codified into law nearly 30 years ago (Merrell & Walker, 2004). Efforts to provide effective education to students with ED and or EBD have been largely inadequate. The case Endrew F. v. Douglas County School District focused on the unique challenges faced by special educators and the lack of programming for ED/EBD scholars. Through this case scholars have had supports created in their IEP’s to support their inclusive learning. Along with have an acceptable definition that will help support characteristics scholars and give then the appropriate support needed (Algozzine, 2017). Through this ruling, public-school scholars with disabilities are entitled to greater benefits than some lower courts had determined. Through this professional development and discussions needs to continuously happen to ensure up-to-date education on EBD and other disabilities, along with ensuring progress being made in inclusion classrooms. Through advocacy special education will continue to be at the forefront for all scholars.




Algozzine, B. (2017). Toward an Acceptable Definition of Emotional Disturbance : Waiting for the Change. Behavioral Disorders, 42(3), 136–144.

Clay, K., Lingwall, J., & Jr, M. S. (2021). Laws, educational outcomes, and returns to schooling evidence from the first wave of U.S. state compulsory attendance laws. Labour Economics68


Kutash, K., Duchnowski, A. J., Green, A. L., & Ferron, J. M. (2011). Supporting Parents Who Have Youth with Emotional Disturbances Through a Parent-to-Parent Support Program: A Proof of Concept Study Using Random Assignment. Administration and Policy in Mental Health and Mental Health Services Research38(5), 412–427.


Merrell, K. W., & Walker, H. M. (2004). Deconstructing a definition: Social maladjustment versus emotional disturbance and moving the EBD field forward. Psychology in the Schools41(8), 899–910.


2. Maren Miller


Legislation that is meant to support special education and the services it provides to students with disabilities has been evolving for quite some time. Even though social and economic factors had major roles in special education in the United States, the most important factors in its development have been legislation and major court cases (Kim et al., 2019).  So, when do we know that the legislation has been developed enough that students with special needs are receiving sufficient support? The current public policy that has been created has positively affected students, however, there is still work that needs to be done so that the socially constructed definition of disability, and not the medical one, can be fully manifested in the classroom so it can result in a completely inclusive classroom where the labels of disabilities aren’t needed to access the curriculum (Kirby, 2017).   It will take some effort to create legislation that will fully support this idea of inclusive classrooms, but I think we’re closer to this idea than we have been before.

Kim, E., Zhang, J., & Sun, X. (2019). Comparison of special education in the United States, Korea, and China. International Journal of Special Education33(4), 796-814.


Kirby, M. (2017). Implicit assumptions in special education policy: Promoting full inclusion for students with learning disabilities. Child & Youth Care Forum46(2), 175–191.


3. Lynnel Campos

Replies to Derycka Shirley

Current legislation provides some supports for students with special needs, such as providing FAPE and LRE. It is crucial to understand that before any legislation was put into place students with exceptionalities didn’t have a safe place to learn and acquire skills necessary in life. IDEA has provided students with exceptionalities a starting point and continues to amend the laws and policies to ensure that students are getting exactly what they need. LRE is crucial to students with disabilities because it really does provide them with the opportunity to be with typical peers and have access to the same curriculum as peers (Zirkel, 2020). Students don’t need to be put in a room all day by themselves, it is important to include them as much as possible.

I don’t believe that legislation is completely sufficient to support students with special needs as there are recommendations for change already, which include providing a social skills curriculum (Rossetti et al., 2020). As the world grows and research is done about students with exceptionalities it is important that we review legislation and ensure that we are providing the supports needed. The Council of Administrators of Special Education have also recommended changes to IDEA which include having parents tell the school district before due process so that the district has the time to respond and provide these districts with the same written notice that parents get. This would really help to build those partnerships with both educators and parents. Amendments will be done once things have been in place and the school districts and parents have more supports that they would like for students.


CASE: Council of Administrators of Special Education. (2017, July). Recommendations for change public law 108-446: Individuals with disabilities education improvement act of 2004 (IDEA 2004). 


Rossetti, Z., Burke, M. M., Rios, K., Rivera, J. I., Schraml-Block, K., Hughes, O., Lee, J. D., & Aleman-Tovar, J. (2020). Parent leadership and civic engagement: Suggestions for the next individuals with disabilities education act reauthorization. JOURNAL OF DISABILITY POLICY STUDIES. 


Zirkel, P. A. (2020). An updated primer of special education law. Teaching Exceptional Children52(4), 261–265.


4. Baptiste Dixon

replied Lynnel Campos

Replies to Lynnel Campos

Greetings Lynnel,

Thank you for your post.

School leaders are responsible for making sure students are receiving FAPE and being provided special education and related services that follow IEPs. Special education laws and legislation are geared towards inclusive education, whereby students with disabilities are included in general education classes (Overton et al., 2017). ESS inclusion presents some challenges in relation to meeting the diverse needs of all students, however, it is the leadership’s responsibility to identify and address them. School leadership should collaborate with teachers to accommodate students with disabilities. The building of collaborative relationships to promote inclusion, practices of Inclusion, the complexity, and inclusion rests in leadership (Overton et al., 2017).

Team inputs are used to illuminate discussions about discourses drawn on and to make links between previous research, theoretical perspectives, and best practices applied. Despite challenging barriers, such as catering to multiple forms of student disabilities, minimal assistance from support staff, and exclusive school environments, collaborative teams must embrace inclusion and make provide students with disabilities with appropriate accommodations and modifications to ensure meaningful involvement in general education settings (Overton, et al., 2017). Overton et al. (2017) research identified the important role educators play in collaborative relationships, adaptations, and safe learning environments, which collectively enable the inclusion of students with disabilities. Students with disabilities deserve identification and access to educational resources.


Overton, H., Wrench, A., & Garrett, R. (2017). Pedagogies for inclusion of junior primary students with disabilities in pe. Physical Education & Sport Pedagogy, 22(4), 414–426.


5. Baptiste Dixon


Replies to Derycka Shirley

Greetings Dr. Tate and class,

As a special education educator, I am aware of the emotional behavioral disabilities (EBD) students suffer and the importance of legislation to support special needs students with EBD. The 2017 Supreme Court ruling on the special education case Endrew F. v. Douglas County School District addressed some of the unique challenges faced by special educators specifically the requiring for intensive academic and behavioral programming (Yell, 2019). The ruling on the case represented a victory for students with EBD by clarifying school districts’ responsibilities to develop individual education plans (IEPs) designed to support students with special needs to make progress. The Supreme Court decision highlighted the importance the FAPE standard has on the development of IEPs for students with EBD, who have behavior disabilities that impede learning or the learning of their peers. others. Education professionals should continue advancing in the direction to ensure their students with EBD-specific IEPs are practically written to enable their students to make progress. In addition, Yell (2019) recommended educators, student advocates, and parents work to amend legislation to continue providing greater conformity to support students with special needs.


Yell, M. L. (2019). Endrew f. v. Douglas county school district (2017): Implications for educating students with emotional and behavioral disorders. Behavioral Disorders, 45(1), 53–62.


6. Derycka Shirley

replied toBaptiste Dixon

Replies to Baptiste Dixon

Hi Baptiste,

Advocacy is essential when dealing with scholars with disabilities. It is also important for administrators, leaders, and educators to be aware of the important educational rights to which children with disabilities and their families are entitled (Altshuler & Kopels, 2003). The Individuals with Disabilities Education Act (P.L. 101-476) is designed to meet scholars’ unique educational needs. When I think about scholars who have been diagnosed with Emotional and Behavioral Disability, I get very sad. In 2022 we are now just trying to change Emotional Disturbance to Emotional and Behavioral Disability. We must do better in protecting our scholars and their wellbeing. We also want to give them the free and appropriate education that they deserve. Without placing a negative connotation on how they are labeled, and services they receive. We also as educators need to continue education on disabilities. It is not anything negative. We all have different minds, and we all learn differently.




Altshuler, S. J., & Kopels, S. (2003). Advocating in Schools for Children with Disabilities: What’s New with IDEA? Social Work48(3), 320–329.



7. Derycka Shirley-Clarke

Topic 3 DQ 2

Lemons, Sinclair, Gesel, Danielson, and Gandhi (2019) state in their study that when school leaders provide daily support to ensure consistent, quality research-based instructional strategies implementation this leads to broader staff buy-in, greater collaboration, and more creative use of resources to meet the needs of students. Assess how a school leader under special education law and disabilities legislation would accomplish this feat.



8. Maren Miller


There are many different aspects that a school leader needs to support and maintain to help cultivate an environment that will fully support the stakeholders that interact with the school. One of the largest responsibilities that come from special education laws and legislation is overseeing and implementing inclusive education programs in their schools (Romanuck Murphy, 2018). It can be a large task for any school leader, but the effort they make in building a foundation of high expectations and positive school culture will help school leaders in the long run. Education programs that are inclusive in nature require a school leader who can create a shared vision and mission, promote a positive climate for learning, provides instructional leadership and professional development, collaborates with stakeholders, helps determines the best placement for students, and monitor and evaluates educational programs. The laws that special education uses have made inclusivity a priority and it will be the school leaders who help make their school’s programs reach that potential.

Romanuck Murphy, C. (2018). Transforming inclusive education: Nine tips to enhance school leaders’ ability to effectively lead inclusive special education programs. Journal of Educational Research and Practice8(1), 7.



9. Lynnel Campos

Data-Based Individualization (DBI) really sounds like a great tool that I believe my own school district should be implementing this intensive intervention. During the research that was done it was crucial that all educators and administrators were onboard and given support and instructions on how to accomplish these interventions (Lemon et al., 2019). The special education teachers were a huge part of the intervention which is great and providing professional development around these interventions was imperative as well.

As far as a school leader under special education law and disabilities legislation, it is still imperative that students with disabilities are getting these interventions as well. These interventions could be offered in the general education classroom during intervention instruction times, so that students are missing class time. Administrators of special education leaders are responsible for ensuring that students are performing academically and are accountable for the well-being of students with exceptionalities (Cannady, 2021). No matter the case educators and administrators need to have more collaboration and communication in order to provide students with what they need. It is crucial that all educators realize the need for intervention, no matter if the student is already getting support from special education teachers. IDEA requires that we provide students with disabilities with the education and support they need to be successful.


Cannady, Z. U. (2021). CASE IN POINT: Prepare well for the special education leadership journey. Journal of Special Education Leadership34(2), 114–116.


Lemons, C. J., Sinclair, A. C., Gesel, S., Danielson, L., & Gandhi, A. G. (2019). Integrating intensive intervention into special education services: Guidance for special education administrators. Journal of Special Education Leadership32(1), 29–38.

REPLY ? direct=true&db=ehh&AN=135318217&site=ehost-live&scope=siteeveryone will know the law and what is expected of them. Administrators at both the district and


10. Baptiste Dixon


Greetings Dr. Tate & Cohort,

Staff, parent, and student buy-in into leadership-driven collaboration are essential to ensure consistency to meet the needs of students with learning disabilities. School leadership’s application of special education law and disabilities legislation is fundamental to achieving positive learning outcomes for students with disabilities via their ability to develop and implement student individualized education programs (IEP) via the IEP team to work collaboratively (Dillon, et al., 2021). IEP team collaboration requires effective IEP services distribution that encompasses direct and related service providers working in an interdisciplinary collaborative capacity while sharing professional responsibilities to implement the student IEPs to accomplish improved student outcomes (Dillion, et al., 2021). Special education law and disabilities legislation support leadership and professional collaborative teams to share their content knowledge and technical skills, cooperate while adhering to legislation while applying instructional designs, and gain a deeper understanding(s) of relative disciplines in practice. Special education law and disabilities legislation help to guide school leaders and their members’ interdisciplinary collaborations to improve IEP services delivery and student learner outcomes.


Dillon, S., Armstrong, E., Goudy, L., Reynolds, H., & Scurry, S. (2021). Improving special education service delivery through interdisciplinary collaboration. Teaching Exceptional Children, 54(1), 36–43.


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