Shauna Catalano

ELCC Standard 6.0: A building-level education leader applies knowledge that promotes

the success of every student by understanding, responding to, and influencing the larger

political, social, economic, legal, and cultural context through advocating for school

students, families, and caregivers; acting to influence local, district, state, and national

decisions affecting student learning in a school environment; and anticipating and assessing

emerging trends and initiatives in order to adapt school-based leadership strategies.

ELCC STANDARD ELEMENTS:

ELCC 6.1: Candidates understand and can advocate for school students, families, and

caregivers.

ELCC 6.2: Candidates understand and can act to influence local, district, state, and

national decisions affecting student learning in a school environment.

ELCC 6.3: Candidates understand and can anticipate and assess emerging trends and

initiatives in order to adapt school-based leadership strategies.

Case Study: Special Education

Shauna Catalano

Grand Canyon University

EAD 519: Clinical Internship 1: Learner-Centered Leadership

Dr. Toni Walker

May 11, 2023

Part 1: Case Analysis

1. 1. Brief summary of the case:

In the case study, the “Special Education” program in a K-8 elementary school consists of 10% of the student population with whom have 504 plans and IEP’s. Recently a position was cut that allowed these students to receive services that helped them during testing. Since the coordinator position no longer exits it is now left up to the teachers in the general education classes to accommodate their specific testing needs. The teachers already have full classes of 40 students that are in varying programs such as GATE and ILLP’s, etc. They are upset that this has now been added on as another responsibility. The Special Education teachers and staff are upset that they have worked so hard to support the students and teachers, yet are no longer able to provide this service. It has caused added stress and disruption to the routines and support for these students and teachers.

1. 2. Identify the issues to be resolved:

• Who will fill the gap for this position? Will it only be left up to the teachers to deal with this on their own?
• Will administration come up with support for the teachers and students so their needs are met?
• The school district may need to reconsider losing this position, and does the school’s budget allow for an alternative staff member to do this.

1. 3. Stakeholders involved in the issue:

The stakeholders involved include the administration and the district in the allocation of funds for this position. The special education teachers are also involved as they are trying to make sure each of the students IEP goals are being met and accommodations are provided for them. The regular education teachers are involved now since this is another added stressor and responsibility for testing. This also effects the students the most who may be out of their element with a new testing routine along with their parents who expect the school supports them.

1. 4. Existing laws related to issue:

Section 504 from the U.S. Department of Education states that, Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments” (Protecting Students with Disabilities, n.d.).

“An IEP’s role as a legal document essentially establishes the school’s accountability under California and federal laws. This means that the child’s school is required by law to provide the services, support and resources included in the IEP” (Nunez, 2022).

1. 5. District Polices:

In our district, being a public school, we have to follow the laws for 504’s and IEP’s.

We have one board policy on individuals with disabilities. Policy 0430: Comprehensive Local Plan for Special Education and Regulation 0430 which supplies the California Ed Codes they are required to follow for services to be provided to special education or related services.

1. 6. Possible Solutions to the issue:

• Replace the position or higher an instructional assistant for less money like one that is paid hourly to assist these students during testing. Our school also have had substitute teachers come in to assist during testing.
• Have these students test with administrators or counselors in a small setting. At our school all administrators are able to proctor testing.
• Have the special education teachers come and assist during testing to proctor to their case load of students.
• Ask the district to reconsider the decision to remove this position and find a way to allocate the funds for this support to continue.

1. 7. The solutions chosen to resolve the issues:

This would depend on the budget and the reason why this position was eliminated. Is there no money for this position or is there a way to get some allocation of funds for some type of support? The administration should also communicate to the district how this will impact their teachers and students. For the school I am in we have a push in and pull out program for our RSP students and their teachers have been coming in during testing and helping the general ed teachers teach, their IA’s have been able to assist as well. I think this would be the best solution for them to support in testing if this position cannot be restored.

1. 8. Action Steps and timeline (2-5):

• I would fist ask the district how are we going to meet the IEP’s and 504 plans if this position is eliminated, and if they already have an alternative plan.
• I would then create a testing schedule that would allow the special education teachers to be in the general education classes to assist their students. If they have a class and need coverage I would get subs for them.
• I would have to have time to perhaps train the special ed teachers how to proctor that may require one meeting.
• If there are too many special education students that need accommodations, I would then seek the help on IA’s and have them go to the same training to proctor the test then they can also be in the room helping the gen ed teacher.

I believe this could all be done in less than one week.

1. 9. Potential Moral and Legal Consequences:

The district is putting themselves in a position for serious law suits. The 504 plans and IEP’s are legal documents. These are not just signed by one person, they are contracts signed by the parents, teachers, case workers, administration, and many times a district representative for the special education program. Parents have the right to sue the school district if their child’s needs on that form are not being met. Morally this is putting the special education population into a situation that is not one of their normal routines. This could cause them unnecessary stress and make testing more difficult for them then it may already be. They may not be comfortable with the general education teacher and may perform badly or have social emotion issues from this.

Rationale Part 2

In this case the district is walking a fine line in causing this to become a serious issue. By doing so they clearly did not meet with the district lawyer or the person who runs the special education department about the legalities of students with special needs requirements. They may have simply thought this would be something that the administration and general education teachers could deal with. If this was a budget issue, then where are the reserve funds to find a replacement or an alternative position? If there is no way that this position can exist any longer, then I think my solution would be fair and legal. Having the special education teachers or even the students case workers be in the room with them during testing which would still allow most of the 504 and IEP’s to be met for their testing requirements. If some of the student’s documents stated they need to be tested in a small environment, then the district may have to face the ramifications of this decision. As an administrator however, I would have had money in the reserve budget to get a similar position but maybe only temporary or part time, then someone would need to be hired or even trained like an IA, or substitute teachers that can test them in a smaller environment. At least the administrator could say to the parents they did all they could. Moving forward this needs to be addressed through a district lawyer so this can be remedied for next year’s testing. We are currently giving state testing and we have support from IA’s in most classes, and the special education teachers are currently assisting their students in the general education classes during testing.

References

Nunez, L. O. O. M. (2022, January 10). Remember IEP’s are legal documents. The Law

Office of Meagan Nunez. https://www.sdspecialattorney.com/blog

• Individuals with Disabilities Education Act. (2017). Individuals with Disabilities Education Act.

https://sites.ed.gov/idea/regs/b/d/300.300

Individuals with Disabilities Education Act. (2017). Individuals with Disabilities

Education Act. https://sites.ed.giv/idea/regs/b/b/300.300

• Individuals with Disabilities Education Act. (2017). Individuals with Disabilities Education Act.

https://sites.ed.gov/idea/regs/b/d/300.300

• Individuals with Disabilities Education Act. (2017). Individuals with Disabilities Education Act.

https://sites.ed.gov/idea/regs/b/d/300.300

I chose the above as one of my EAD 519 artifacts and put it under standards 6 since I think they closely relate. In ELCC standard 6 you focus on families, and students learning in the school environment. A huge aspect of that is through IEP's. There are many laws in relation to IEP's and 504 plans, as an administrator you have to have knowledge of these law. There are many laws suits from parents of children with disabilities and administration should support parents and their students to advocate for their learning.  Administrators have to be present at every IEP and 504 meeting, so this will be a huge roll in my future leadership.  These meetings are also a chance to get support from parents, and community resources. This Case study analysis was a great review of how important the legality of our special education population. I did enjoy the whole thinking process that this has to go into and how delicate we need to be in any decision making.