May 2023 – Special Educator e-Journal

Table of Contents

• Special Education Legal Alert. By Perry A. Zirkel
• Buzz from the Hub
• The Latest Supreme Court “Special Education” Decision:  Perez v. Sturgis Public Schools. By Perry A. Zirkel
• Family-Centered Approach to Teaching Students with Disabilities from Culturally-Linguistically Diverse Backgrounds Who Rely on Augmentative and Alternative to Communicate. By Mariateresa H. Muñoz
• Immigrant Student Education in the U.S. By Shivanna N Birbal
• Special Education Online: A Review of Literature. By Candace Joshnick
• Latest Employment Opportunities Posted on NASET 
• Acknowledgements

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Special Education Legal Alert

By Perry A. Zirkel

© April 2023

This month’s update identifies a pair of recent court decisions that illustrate differing adjudicative systems and approaches for FAPE and related issues.  For related publications and earlier monthly updates, see perryzirkel.com.

On February 10, 2023, the federal district court of Delaware issued an unofficially published decision in A.C. v. Brandywine School District, addressing various claims under the IDEA, Section 504, and the ADA on behalf of an elementary school child.  In grade 3, the district provided the child with Tier III response to intervention (RTI) services in reading.  In grade 4, the district continued the Tier III RTI services.  After the parents obtained and shared a diagnosis for the child of general anxiety disorder, the district conducted in an evaluation that resulted in a 504 plan for grade 5.  When the child evidenced continuing anxiety symptoms in grade 5, the parents requested and received an IEE at public expense, which resulted in an added diagnosis of ADHD.  The district conducted an IDEA eligibility evaluation toward the end of grade 5, determining that she qualified for an IEP.  The resulting IEP for grade 6 included goals for reading and anxiety, services in a learning support class for 90 minutes every other day, and individual counseling for two 30-minute sessions per week as well as consultative counseling.  The parents rejected the IEP and unilaterally placed the child in a private school.  They filed for a due process hearing, seeking compensatory education for alleged child find violations in grades 4 and 5 and tuition reimbursement for alleged denial of a substantively appropriate IEP thereafter.  The tripartite panel, which is unique to Delaware for its hearing officer level, agreed with the parent that the district should have known that the child needed special education services for grades 4 and 5, awarding compensatory education worth $31,800, but ruled that the proposed IEP was appropriate, thus denying the requested reimbursement remedy.  The parents appealed, but the school district did not, thus leaving the child find compensatory education award in effect.
First, the parents challenged the proposed IEP as allegedly providing insufficient reading services and no math services.	The court ruled that the reading services met the Endrew F. “reasonably calculated” standard and that there was no reason to suspect the need for specialized instruction in math.
Second, the parents claimed that the proposed IEP failed to address the child’ emotional, behavioral, and executive functioning needs.	Again, the court rather cursorily ruled that the proposed IEP met the substantive standard, observing that the services provided in the IEP exceeded the corresponding offerings at the private school.
Third, the parents challenged the proposed IEP as not notifying them of continued RTI services.	The court concluded that RTI was a general education service, whereas the IDEA only requires the IEP to specify the special education and related services.
Finally, the parents claimed that the school district violated Section 504 and the ADA.	Regarding the Section 504 and ADA claims as coterminous with the parents’ IDEA FAPE claim, the court applied the same outcome.
This case illustrates not only the courts’ often relatively relaxed, district-favorable approach to IDEA and Section 504/ADA substantive FAPE claims but also the skewing effect of selective appeals, which left intact the parent-favorable child find ruling and remedy in this case.  As an aside, the extended use of RTI Tier III services likely contributed to the child find violation.

On March 23, 2023, a federal court in Kansas issued an unofficially published decision in Beer v. USD 512 Shawnee Mission, addressing several claims on behalf of a first grader with diagnoses of autism and ADHD.  The originated with the parents’ disagreement with the district’s determination that the child was not eligible under the IDEA.  The school district did not change its eligibility evaluation conclusion until the parents obtained and provided the district private diagnoses of autism and ADHD midway through the child’s kindergarten year.  After belatedly and successively determining that the child qualified under the IDEA classifications of other health impaired (OHI) and autism, the district did not propose an IEP to which the parents consented until November in grade 1.  In the remaining months until the school closed for the pandemic, the child did not make progress on the IEP, and the district implemented some changes in the IEP without parental participation or agreement.  The parents filed for a due process hearing, resulting in rulings of a child find, evaluation, and IEP violations.  The hearing officer awarded various remedies that included orders for the district to hire independent consultants for evaluation, IEP formulation, and board-certified behavior analyst (BCBA) services plus 25 hours of in-home compensatory education tutoring.  Both sides appealed to the state review officer, because Kansas is one of the relatively few two-tier states.  The review officer largely affirmed the hearing officer’s decision, only reversing the child find violation.  The review officer also largely awarded similar remedies, which included reimbursement of the fees of the parents’ lay advocate.  Both parties appealed to the federal district court.
The school district argued that the parents’ expert witness, who testified at the due process hearing, relied on best practices rather than legal requirements and information beyond the “snapshot” standard for IEP formulation.	Rejecting this argument, the court concluded that (a) expert witnesses may provide best practice evidence to help inform the adjudicator, who is responsible for applying the law, and (b) the lion’s share of the information was within the snapshot standard, with the rest harmless.
The school district challenged the hearing and review officer rulings that the evaluation was procedurally and substantively not appropriate.	Instead, the court affirmed that the evaluation violated the timeline (due to lack of informed parental consent) and was substantively inadequate (including an FBA with significant defects).
The school district also contended that the delays in developing and implementing the IEP resulted from the parents’ failure to provide consent.	Unconvinced, the court strictly interpreted the required timeline and consent requirements in affirming the review officer’s ruling that these procedural violations resulted in a substantive loss to the child.
The school district additionally challenged the review officer’s rulings that the IEP contents and its implementation amounted to denials of FAPE.	The court identified various defects in the IEP, including outdated data and vague language, and implementation failures that resulted in substantive losses to the child and the parents.
The parents challenged the review officer’s ruling that the district did not violate child find in kgn. or grade 1.	Affirming the review officer’s ruling, the court concluded that the parents conflated the child find with the evaluation/eligibility issues.
The parents challenged the remedies as not enough, and the district challenged them as too much.	With slight refinements, the court upheld the various review officer remedies except for payment of lay advocate fees.
This unpublished decision is relatively unusual in its detailed scrutiny without notable deference to the school district.  It is worth independently reading this decision.  Although it has limited precedential weight, this decision serves as a forewarning against overrelying on an expectation of a relaxed, district-friendly adjudicatory analysis.  The adjudicators’ affirmative exercise of their broad equitable authority for remedies is also noteworthy.

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Buzz from the Hub

All articles below can be accessed through the following links:

https://www.parentcenterhub.org/buzz-march2023-issue2/

https://www.parentcenterhub.org/buzz-march2023-issue1/

https://www.parentcenterhub.org/buzz-feb2023-issue2/

https://www.parentcenterhub.org/buzz-feb2023-issue1/

https://www.parentcenterhub.org/buzz-jan2023-issue2/

Complete Guide to PANS and PANDAS
(Also available in Spanish: Guía completa sobre el PANS y PANDAS)
Step-by-step information from diagnosis to treatment for kids with sudden onset OCD and other confusing symptoms.

What Does OCD Look Like in the Classroom?
(Also available in Spanish: Cómo luce el TOC en el salón de clases)
Signs that a child may be struggling with OCD, even if they are hiding their anxiety.

Videos | Using a Telenovela to Explain the Special Education Process
(Also available in Spanish: Telenovela de educación especial)

How do you demystify the special education process for parents, particularly parents for whom English is not their first language? Here’s how Arlington Public Schools in Virginia tackled the challenge. The Grandma’s Soup video series (La Sopa de la Abuela) is designed to support the engagement of families in the special education process, share information, encourage advocacy skills, and foster collaborative home-school partnerships that positively impact student success. There are 5 episodes in the series, beginning with “What’s Going On with My Child?” and ending with “What If We Disagree?”

Family Toolkit: Pediatric-to-Adult Health Care Transition
(Also available in Spanish: Guía para la familia)
This 25-page toolkit from GotTransition has a set of resources for parents to use as they work with their youth during the transition from pediatric to adult health care. This includes sections such as Questions to Ask Your Doctor; Changing Roles; a Turning 18 tip sheet; a Transition Readiness Assessment; and a Health Care Transition Quiz for youth to take to see how ready they are to transition to adult care.

Supported and Customized Employment: Side by Side Referral Decision Guide
For vocational rehabilitation agencies offering both supported and customized employment approaches to pursuing employment for people with disabilities, there may be some questions about which approach is best based on an individual’s circumstances. This guide can help in determining how to choose between these two approaches.

Take Part in the Campaign
The Brain Injury Association is a great resource to turn to for info about traumatic brain injury and about this year’s #MoreThanMyBrainInjury campaign. Follow the link above to find out how you can get involved and what tools and materials are available.

Center for Brain Injury Research and Training (CBIRT)
CBIRT offers many useful resources tailored for parents and caregivers and other specific audiences (e.g., administrators). Check out the Academic Accommodations Matrix, for example, and CBIRT’s Family Advocacy Skills Training, which is a step-by-step handbook for family advocates.

Candid Conversations: Handing Over the Reins
This full-feature film addresses many questions and concerns parents and self-advocates have about supporting youth with disabilities as they transition to adulthood, including understanding the importance of self-advocacy skills. The entire film is 1 hour and 17 minutes, but it’s divided into three smaller parts for your viewing ease. Parts are: (1) Hopes and Dreams (@ 25 minutes); (2) Independence & Advocacy (@ 33 minutes); and (3) A Few Words of Advice (@ 21 minutes). From the NY Region 1 PTI Collaborative, with partners.

Transition Planning for Teens and Tweens
A special project of Parents Helping Parents in CA, this transition package will be useful to PTIs and CPRCs in other states, too. Includes multiple parts, such as self-advocacy, education and training, work preparation, and adult life for people with disabilities.

The History Makers
This digital archive is an incredible collection of oral histories shared by over 3,300 African Americans known and unknown. Access interviews, biographies, videos, archival photography, and more, and learn personal perspectives and unique facts from influential African Americans who made history in their own right across a wide range of fields, from art, business, education, entertainment, law, music, science, and sports.

 

Advancing Racial Equity in Early Intervention and Preschool Special Education
This 9-page fact sheet provides key information and supporting evidence about racial disparities and inequities for young children with a disability, and questions for state and local leaders seeking to advance equity for all children with disabilities and their families. From the ECTA Center.

Promoting Black Girls’ and Women’s Sexual and Reproductive Health Requires Acknowledging Their History and Experiences
This brief from Child Trends discusses how reproductive suppression has led to disproportionately adverse sexual and reproductive health outcomes for Black girls and women. The authors suggest using a holistic approach—one that focuses on intersectionality, gender equity, and culturally responsive practices—to promote the sexual and reproductive health of Black girls and women.

Confronting Color-Blindness
All of us have probably heard someone say that they “don’t see color” or that “it would be great if we could all just stop noticing race.” While these statements may be well-intentioned, colorblind ideology undermines diversity, inclusion, and equity. Here’s an online module that can help us understand the concepts of color-blindness, color evasion, and power evasion and how they may show up in our interactions with families, staff and colleagues.

 

What is Complex Trauma?
(Also available in Spanish: ¿Qué es trauma complejo?)
When people think of trauma, they often imagine a specific experience, like a natural disaster or a violent attack. But there’s another form of trauma that involves chronic negative experiences like abuse, neglect, or violence. This is known as complex trauma, and its profound impact on kids is often misunderstood. Take a close look at complex trauma—its causes, the symptoms associated with it, and how to help kids who are dealing with it. From the Child Mind Institute.

 

Frequently Asked Questions (FAQs) on Pre-Employment Transition Services
The account you create at NTACT will give you access to a wide range of transition-related materials, such as this FAQ on pre-employment transition services. The questions and answers are organized into categories for easy browsing and include: administrative, allowable costs, definitions, service delivery, and RSA FAQs.

Talking to Kids About Sex and Dating
Check out this suite of stand-alone articles from the Child Mind Institute, which rounds up resources on why it matters to talk to teens about sex and romantic relationships, and how to approach this sensitive topic. Dive into consent and how kids can confidently set and respect boundaries. The suite includes tips on how to help teens deal with unwanted attention, as well as warning signs of sexual behaviors that are concerning. Some DOs and DON’Ts are outlined to help teens make good choices as they enter their first relationships. Each article in the suite is also available in Spanish.
Balloons lifting a winning ribbon.

Sexual Health and Wellness
PEATC, Virginia’s PTI, has developed a toolkit to help guide parents through discussing sexual health and wellness with their child with disabilities. The toolkit covers topics such as sexuality, self-care, relationships, social skills, and boundaries. Many additional factsheets and resource documents (including YouTube videos) are also available.

Sexuality & Disability | 6 videos and articles to explore and share, as befits the person and the circumstances

Sex education for students with disabilities | A more scholarly article from Law & Order, from 2006

Dating and disabilities | Exploring love in many forms with first-hand accounts from the frontlines of dating, marriage, intimacy and friendship, all with people living—and loving—with disabilities.

Love Because, Never Despite, Disability
“I want a world where disabled people learn how to have healthy relationships alongside their abled peers, where disabled people are seen as valuable friends, lovers, partners, spouses not in spite of their disability but because disability adds to the fullness and beauty of their being. I want a society that teaches disabled people, through media portrayals, through accessible building design, and so many other avenues, that their bodymind, their personhood is valuable and worthy of love just the way they are.” Direct quote. Need we say more?

In My Own Voice: Sexual Self-Advocacy
30 people with intellectual and developmental disabilities talk about what sexual self-advocacy means to them.

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The Latest Supreme Court “Special Education” Decision: Perez v. Sturgis Public Schools

Perry A. Zirkel

© 2023

On average, the Supreme Court only decides one case specific to K­–12 students every four years. About a third of these cases focus on the practice of litigation rather than education, such as burden of proof (Schaffer – 2005), expert witness fees (Murphy – 2006), and pro se parents (Winkelman – 2007).

The latest case, Perez v. Sturgis Public Schools (March 21, 2023) is only understood in tandem with a previous decision focused on specialized litigation rather than special education, Fry v. Napoleon Community Schools (2017).  Both concern the IDEA issue of “exhaustion,” which refers to the general requirement to complete the administrative adjudication stage before proceeding to court.  More specifically, a 1986 amendment to the IDEA allows for bringing non-IDEA federal claims, such as those under Section 504 or the ADA, on behalf of an IDEA-covered student but only after exhausting the due process hearing (and in the eight “two-tiered” states, the review officer) stage before going to court.  The courts have gradually evolved limited exceptions to this exhaustion requirement.

In Fry, the Supremes decided that the exhaustion requirement applies only if the crux of the non-IDEA federal claim amounts to FAPE.  In this case, the parents brought an ADA claim to challenge the school’s denial of access for the child’s service animal, and the remedy they sought was money damages. The Fry Court sent the case back to the lower courts to determine whether the crux of this claim amounted to FAPE.  If the answer is “no,” exhaustion would not apply regardless of the relief that they sought.  Thus, the Court declined to answer the separate question of whether seeking money damages, which is available under the ADA but not the IDEA, was another exception to the exhaustion requirement.

In Perez, the Court addressed the residual question from Fry.  In this case, the parents sought money damages under the ADA for the lack of appropriate interpreter services to a deaf student, which indisputably amounted to a FAPE claim.  The Perez Court unanimously answered that the IDEA’s exhaustion provision does not apply “where a plaintiff brings a suit under another federal law for compensatory damages—a form of relief everyone agrees IDEA does not provide.”

A common misunderstanding in the immediate wake of Perez is that the exhaustion requirement applies to non-IDEA federal claims, such as those under Section 504 or the ADA, on behalf of IDEA-covered students if they are for money damages but also amount to FAPE.  For example, a recent press release from CASE interpreted Perez as not changing the requirement that when parents bring non-IDEA FAPE claims “[the] administrative process must be exhausted before they turn to the courts for final adjudication.”  Instead, properly understood, money damages and FAPE are separate exceptions.  Thus, such federal non-IDEA claims for money damages are not subject to the exhaustion requirement regardless of whether their crux amounts to FAPE.

The result of Perez is to make it easier to go directly to court for federal non-IDEA claims for money damages on behalf of IDEA-eligible students.  Thus, there will be more such litigation in federal courts, increasing (a) the level of court congestion, (b) the potential for school district liability, and (c) the parents’ leverage for settlements.

However, the practice of special education remains almost entirely unaffected.  Other than observing the effect on litigation, including settlements, special education practitioners should recognize that the odds of federal court award of money damages in such Section 504 and ADA suits remain very strongly against the parents and any resulting liability is for the school district, not for the individual teacher or administrator.

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Immigrant Student Education in the U.S.

By Shivanna N Birbal

Introduction        

Immigrant students with disabilities face unique challenges in the United States. These challenges are compounded by the fact that they may have limited English proficiency and limited access to their cultural practices, making it difficult for them to communicate their needs and understand their rights. Immigrant students may feel alienated culturally and socially, even if they experience academic success (Ladson-Billings, 1995). This literature review aims to explore the social-emotional needs and cultural practices of immigrant students with disabilities.

Immigrant Student Academic Success & Immigrant Paradox

According to Crosnoe, R., & Turley, R. N. (2011), over time, the relationship between immigration and education in the U.S. has changed. Schools were considered the ideal places to assimilate immigrants a century ago. In more recent times, they have frequently been associated with conflict and inequity related to immigration. However, both perceptions have changed over time. Families of immigrants do place a high priority on formal education (Portes & Rumbaut, 2006). This apparent benefit is sometimes called the immigrant paradox because it occurs despite higher-than-average social and economic disadvantages in this community.

For many groups, including those from Latin America, evidence of the immigrant paradox usually emerges after researchers control for family socioeconomic circumstances and youths’ English language skills. For others, including those from Asian countries, it is partially explained by the tendency for more socioeconomically advantaged residents of those regions to leave their home country for the United States (Crosnoe, R., & Turley, R. N, 2011). For instance, Asian immigrant parents, including those with low incomes, typically have high educational expectations for their children, talk to them frequently about their progress toward those expectations, find ways to marshal additional resources to help them, like sending them to Chinese schools after school, on weekends, and during school breaks, and make specific, futuristic plans, like saving for college (Crosnoe, R., & Turley, R. N, 2011). Similar phenomena, albeit less evident, also affect Latin American immigrant parents, for whom preparing their children to be diligent, responsible, and hard workers is essential to their involvement in education.

Social-Emotional Needs of Immigrant Students with Disabilities

Social-Emotional Needs of Immigrant Students with disabilities face various social-emotional challenges, including isolation, discrimination, and lack of support. These challenges can have a significant impact on their academic and personal well-being. One of the primary challenges faced by immigrant students with disabilities is a lack of access to appropriate services and accommodations. This is particularly true for students who are English language learners (ELLs) and may require additional support to communicate their needs.

According to Crosnoe, R., & Turley, R. N. (2011), many children from immigrant families are at risk regarding academic skills upon entering school; they have potentially counterbalancing advantages in socio-emotional school readiness, such as interpersonal competence. ECLS-K teachers judged the Hispanic and Asian immigrant children as being better adjusted than the white, Asian, Hispanic, and black children born in the United States. Teachers evaluated the work habits of children of Mexican immigrants as being 10% of a standard deviation higher than their native white peers of similar socioeconomic standing, even though they performed worse on math tests in kindergarten than children of native whites. Thus, Mexican-origin children’s behavioural advantages coexisted with their academic disadvantages. Evidence suggests that integrating social emotional competencies with academics enhances student learning (Elias, 2004).

Regarding English language learners (ELLs), the initial social and institutional settings where young immigrants engage in cultural adaptation are typically schools. Policymakers and immigrant families see educational access and subsequent academic accomplishment as the most crucial measures for adaptation and future success (Arzubiaga et al., 2009). However, immigrant children are typically educated in urban schools with inadequate funding and must be equipped to offer sufficient academic and behavioural programming (Blanchett, Klingner, & Harry, 2009).

With reference to Alliance (2021), it is noted that because a child needs time to adjust or learn English, schools may put up barriers when they fail to refer and evaluate a recently arrived and struggling student for special education and may also need to seek other academic and social-emotional support.

Social isolation

Another challenge faced by immigrant students with disabilities is social isolation. Immigrant students with disabilities may feel isolated from their peers and struggle to form meaningful relationships. For example, some newcomers may have trauma from fleeing war-torn countries or being separated from family members during the immigration process; they are dealing with this trauma while simultaneously negotiating new roles and identities in an unfamiliar cultural context (U.S. Department of Education, 2018). This can significantly impact their social and emotional development and may lead to anxiety, depression, and loneliness.

Discrimination

Discrimination is also a significant challenge faced by immigrant students with disabilities. Immigrant students with disabilities may face discrimination based on race, ethnicity, language, or disability status. This can lead to anger, frustration, and helplessness, impacting their academic performance.

Lack of Support from families and the community

Similarly, immigrant students with disabilities may lack support from their families and communities. Many immigrant families may not be familiar with the laws and regulations governing special education, making it difficult to advocate for their children’s needs. Additionally, some families may be reluctant to seek help for their children due to cultural or language barriers.

Cultural Practices of Immigrant Students with Disabilities

Cultural practices can also impact the family dynamics of immigrant students with disabilities. In some cultures, there is a strong emphasis on family responsibility and obligation, and it is the family’s responsibility to care for individuals with disabilities. In contrast, other cultures view disabilities as a personal responsibility, and individuals with disabilities are expected to care for themselves.

Cultural practices can also impact the education of immigrant students with disabilities. Academic achievement is strongly emphasized in some cultures, and students are expected to excel academically. In contrast, other cultures may prioritize vocational or practical skills over academic achievement. For example, in some cultures, disabilities are stigmatized and seen as a punishment for bad behaviour or past sins. This cultural belief can make it challenging for individuals with disabilities to receive support and services. Similarly, according to (United Nations, 2023), a case study was done where three women examined were shunned by their families and neighbours because their child was born with a disability because she was a “loose” woman.  In contrast, other cultures view disabilities as a natural part of life and provide more resources and support for individuals with disabilities.

The research was done by Mohatt and Erickson (1981) with Native American students. They found that teachers who employed language interaction patterns that resembled the students’ home culture patterns were more successful in raising student academic performance as they examined teacher-student interactions and participation structures. Teachers that employed “mixed forms” (p. 117), a combination of Native American and Anglo language interaction patterns, also showed improved student achievement. Additionally, this guidance was described as “culturally compatible” (p. 110). Teachers incorporated elements of the kids’ cultural surroundings into the structure and instruction of the classroom by observing the pupils in their home and community settings.

Language

Many recent arrivals to the United States speak English less fluently than native speakers since it is not their first language. As a result, individuals could have a tough time adjusting to life at university. Acquiring the same degree of language ability as their non-immigrant counterparts is difficult, and difficulties in communicating or comprehending cultural norms might slow the process of assimilating. Teranishi et al. (2019) advocated including language programs in immigrant education. Educational success and motivation can only be attained by first mastering the academic language.

Instructional English use varies widely by country of origin. Regardless, immigrant students require accurate education in academic English to properly integrate into American society’s educational and societal framework. How language policy influences immigrant pupils’ development and academic success in California and Texas was the primary subject of Gándara and Rumberger’s (2019) research. (Gándara & Rumberger, 2019) found that state money impacted language techniques for immigrant kids. It is possible that ESL students who take use of the academic writing tools and ESL programs offered by most universities may not become as proficient in English as they had hoped.

Non-linguistic Challenges

Several studies touch on issues other than language barriers that immigrant students encounter, but they still need to be reported. (Lazarevic, V., Raffaelli, M., & Wiley, A, 2014). Non-linguistic barriers are also addressed in the few large-scale research that examines the impact of immigration on academic success. (Lazarevic, V., Raffaelli, M., & Wiley, A, 2014). The pressure to integrate culturally, ethnically, and socially; the preconceptions that immigrant students face; and the antagonism of native-born individuals towards immigrant students and communities are all obstacles that may make the acculturation process more challenging.

The new society presents structural difficulties for immigrant students and their families. In the United States, these difficulties include immigrant students missing more school than their native-born peers to support their families and immigrant families being more likely to live in poverty than their native-born counterparts. (Lazarevic, V., Raffaelli, M., & Wiley, A, 2014). Separation from loved ones is only one of the many difficulties of being an undocumented immigrant. Others include increased stress, depression, poverty, school enrolment in underfunded schools, and even homelessness.

The educational system also presents obstacles for immigrant pupils. Overcrowding as local school districts are not able to construct infrastructure to fit rising student populations; a high-stakes testing environment that is not developed with immigrant students in mind; detrimental educational policies, a lot of which are executed for political instead of pedagogical reasons; a disproportionately substantial admission in based on race and linguistically disconnected and low-resourced schools; and so on. (Lazarevic, V., Raffaelli, M., & Wiley, A, 2014). Some research has also shown that immigrant pupils are underrepresented in gifted and talented programs while being disproportionately represented in special education.

Conclusion     

In conclusion, immigrant students with disabilities face unique social-emotional challenges in the United States. These challenges are compounded by limited access to appropriate services and accommodations, social isolation, discrimination, and lack of support from families and communities. Educators and policymakers must address these challenges and ensure that immigrant students with disabilities have the support they need to succeed academically and personally.

 

References

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Alliance. (2021) Education rights of immigrant children with disabilities in public schools. Alliance For Girls. from www.alliance4girls.org/voices/education-rights-of-immigrant-children-with-disabilities-in-public-schools/ 

Arzubiaga, A., Nogueron, S., & Sullivan, A. L. (2009). The education of children of immigrant families. Review of Research in Education, 33, 246-271

Bal, A., & Arzubiaga, A. (2013). Ahiska refugee students’ configuration of resettlement and academic success in U.S. schools. Urban Education. Advance online publication doi:10.1177/0042085913481363

Billings, G. (2008). Toward a theory of culturally relevant pedagogy – sage journals. Toward a Theory of Culturally Relevant Pedagogy. journals.sagepub.com/doi/10.3102/00028312032003465 

Birman, D. (2002). Refugee mental health in the classroom: A guide for the ESL teacher. Denver, CO: Institute for Intercultural Learning.

Birman, D., Weinstein, T., Chan, W., & Beehler, S. (2007). Immigrant youth in U.S. schools: Opportunities for prevention. The Prevention Researcher; 14.

Blanchett, W. J., Klingner, J. K., & Harry, B. (2009). The intersection of race, culture, language, and disability: Implications for urban education. Urban Education, pp. 44, 389–4.

Burnham, K. (2021, March 9). Culturally responsive teaching: 5 strategies for educators. Northeastern University Graduate Programs, from www.northeastern.edu/graduate/blog/culturally-responsive-teaching-strategies/ 

California Department of Education. (2023). Culturally relevant pedagogy. Culturally Relevant Pedagogy – Educator Excellence (C.A. Dept of Education). www.cde.ca.gov/pd/ee/culturalrelevantpedagogy.asp

Lindstrom. (2021, October 9). How to provide social-emotional support for immigrant students. Colorín Colorado, from www.colorincolorado.org/immigration/guide/student 

Colorado, C. (2019, December 20). Ten strategies for supporting immigrant students and Families. Colorín Colorado, from www.colorincolorado.org/article/ten-strategies-supporting-immigrant-students-and-families 

Crosnoe, R., & Turley, R. N. (2011). K-12 educational outcomes of immigrant youth. The Future of Children, 21(1), 129–152. doi.org/10.1353/foc.2011.0008

Elias, M. J. (2004). The connection between social-emotional learning and learning disabilities: Implications for intervention. Learning Disability Quarterly, 27(1), 53–63. http://ldq.sagepub.com/content/27/1/53.short.

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Gándara, P., & Rumberger, R. W. (2018). Immigration, language, and education: How does language policy structure opportunity? Teachers College Record, 111(3), 750-782.

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Lazarevic, V., Raffaelli, M., & Wiley, A. (2014). Language and non-linguistic brokering: Diversity of experiences of young immigrant adults from Eastern Europe. Journal of Comparative Family Studies, 45(4), 517-535.

Mohatt, G., & Erickson, F.(1981). Cultural differences in teaching styles in an Odawa school: socio-linguistic approach. In H. Trueba, G. Guthrie, & K. Au (Eds.), culture and the bilingual classroom: Studies in classroom ethnography (pp. 105–119). Rowley, MA: Newbury.

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Portes, A., & Rumbaut, R. (2006). Immigrant America: A portrait. Berk- ley, CA: University of California.

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Smith, L.M. (1978). 8: An Evolving Logic of Participant Observation, Educational Ethnography, and Other Case Studies. Review of Research in Education, pp. 6, 316–377.

Teranishi, R. T., Suárez-Orozco, C., & Suárez-Orozco, M. (2019). Immigrants in Community Colleges. The Future of Children, 21(1), 153–169. doi.org/10.1353/foc.2011.0009.

United Nations, (2023). www.un.org/esa/socdev/documents/disability/Toolkit/Cultures-Beliefs-Disability.pdf

U.S. Department of Education. (2018). English learner tool kit (OELA). Home. www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html

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Latest Employment Opportunities Posted on NASET 

* Exceptional Education Teacher – Hamilton County Schools, located in Chattanooga, TN, is building the best school district in Tennessee. We are committed to excellence for every student and are seeking outstanding teachers with the ability to inspire, engage, and who desire to make a difference in the lives of students.  With nearly 80 schools located in urban, rural, and suburban communities, we are confident that you can find your place in Hamilton County. To learn more- Click here

* Special Education Teacher (Grand Junction) – At Ascent Classical Academy charter schools, well-educated and articulate faculty utilize direct instruction to convey real knowledge to students using traditional teaching methods. Teachers enjoy a wide array of resources as they create their own lessons within the content-rich curriculum to engage students in a positive and virtue-imbued learning experience in the liberal arts. To learn more- Click here

* Special Education Teacher – Teaching is more than instruction in curriculum, more than report cards, more than parent conferences. Teaching is sharing, giving, receiving, and learning. Teachers who excel in our program often describe their experiences among the most rewarding of their lives.The Stanislaus Academy Teacher is responsible for providing daily instruction for all students in the program. Major responsibilities include IEP development, educational assessment, file maintenance, violation reporting, compliance monitoring, and student discipline. To learn more- Click here

* Special Education Teacher – Ascent Classical Academies are dedicated to the intellectual and moral betterment of students and encourage teachers to take their own intellectual improvement seriously as part of a supportive and excellence-driven culture. At Ascent Classical Academy charter schools, well-educated and articulate faculty utilize explicit instruction to convey real knowledge to students using traditional teaching methods. To learn more- Click here

* High School Special Education Teachers – We seek the most talented and dedicated educators to bring their skills, experience, and energy to a collaborative and innovative learning environment where teachers are empowered to meet each student’s unique learning needs and open the doors to new and rich opportunities. Our teachers are dynamic and innovative pedagogues who are committed to urban students and the issues they face every day. To learn more- Click here

* Special Education Teacher – Our Special Services staff provide specialty and individually designed instruction to approximately 4,000 students with disabilities. We are looking for a passionate energetic educator to join our partnership in teaching and learning! Throughout your career, the SFSD team will be there to support, guide, empathize, and celebrate with you. To learn more- Click here

* Special Education Teacher 2023-2024 SY – At Epic Special Education Staffing, you will have the opportunity to apply your unique expertise to school-based special education as your singular focus. We offer stimulating and rewarding careers in special education which provide an opportunity to make a difference in a child’s life while enhancing your personal and career growth! To learn more- Click here

* Special Education Teacher 2023-2024 SY – If you’re looking to leverage your expertise to make a real difference in special education- you belong at Epic Special Education Staffing. We Go All In…we are fully invested in everything we do. Whether it’s work or play, we bring our strengths and passion to give our team and our partners 100%. To learn more- Click here

* Special Education Teacher 2023 2024 SY – Epic Special Education Staffing is partnering with an exceptional school district who is looking for several contract Special Education Teachers for the 2023-2024 school year. To learn more- Click here

* Special Education Teacher – Seeking Licensed Special Education Teacher for 3+ months working 7.5 Hours M-F in Kansas City, Kansas – 66104. To learn more – Click here

* [2023-2024] High School ELA Learning Specialist – Reporting to the Academic Dean, the High School ELA Learning Specialist will be responsible for building meaningful relationships with students, implementing a Common Core-aligned curriculum, and working with their grade team to analyze data to drive instruction. This is an exciting opportunity for an educator who is passionate about improving student outcomes by leading excellent instruction and building a positive school culture. To learn more- Click here

* [2023-2024] High School Math Learning Specialist – Reporting to the Academic Dean, the High School Math Learning Specialist will be responsible for building meaningful relationships with students, implementing a Common Core-aligned curriculum, and working with their grade team to analyze data to drive instruction. This is an exciting opportunity for an educator who is passionate about improving student outcomes by leading excellent instruction and building a positive school culture. To learn more- Click here

* [2023-2024] 7th Grade Math Learning Specialist – Reporting to the Academic Dean, the Learning Specialist will be responsible for providing tailored support to students with special education needs, through integrated co-teaching, in small group settings, or a combination of both. This is an exciting opportunity for a seasoned educator who is passionate about ensuring all students succeed and thrive in school. To learn more- Click here

* High School Teacher – MATERNITY LEAVE – We are currently collecting applications for an innovative, energetic, and committed Teacher to join us for the 2023-2024 school year to teach High School subjects such as personal finance, algebra 1, and computer applications. This is a one-year maternity leave position, with many teaching materials provided. There is the possibility of it becoming a permanent position at the end of the year. To learn More- Click here

* High School Teacher – Are you an educator seeking a position that provides a supportive environment with small class sizes of no more than 10 students, which allows you to provide an educational experience that changes kids’ lives? Do you have a passion for using a hands-on approach to learning? If so, Fortune Academy is where you need to be! To learn more- Click here

* Special Education Early Elementary Teacher – Our integrated curriculum is tailored to the student’s developmental level, sensory processing differences, and emotional-regulatory needs. At The Helix School, we emphasize our student’s capabilities and provide motivation-based, kinesthetic, and sensory-based functional, social-emotional and academic learning. To learn more- Click here

* Special Education Teacher 2023-2024 SY – If you’re looking to leverage your expertise to make a real difference in special education- you belong at Epic Special Education Staffing. We Go All In…we are fully invested in everything we do. Whether it’s work or play, we bring our strengths and passion to give our team and our partners 100%. To learn more- Click here

* Special Education Teacher (Sheppard Pratt School- Hunt Valley) – The Sheppard Pratt School – Hunt Valley is a year round special education program that provides educational services to students ages five to 21 with complex intellectual and behavioral disabilities, including autism spectrum disorder and other related disorders. Sheppard Pratt offers tuition reimbursement as well as offering fast track Standard Professional Certificate in Special Education and Masters of Arts in Leadership in Teaching programs in partnership with Notre Dame of Maryland University. To learn more- Click here

* Special Education Teacher in Arizona – $70,000/year – STARS is owned and operated by Occupational Therapists.  You will be an employee and receive full benefits. Summers off with year-round pay and year-round appreciation. With a proven track record, STARS is able to offer you an unbeatable support system and resources. STARS places Special Education Teachers throughout the Phoenix, Tucson and the surrounding area public schools. To learn more- Click here

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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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Download a PDF Version of This e-Journal

To View or Download a PDF file for this issue of the Special Educator e-Journal  –  CLICK HERE

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