TOP 10 SPED Advocacy Issues of 2024

National Survey - Top Ten Issues  in Special Education Advocacy for 2024

Empowering Special Education Advocates with Strategies

The landscape of Professional Special Education Advocacy has evolved dramatically in the past 5 years. In 2024, Professional Special Education Advocates continue to tackle a range of complex challenges and play a vital role in fighting for the rights and needs of students with disabilities. Their work allows students to access their education and make progress commensurate with their abilities. They fight against a lack of presumed competence and authentic inclusion.

In Q2 2024, the National Special Education Advocacy Institute (NSEAI) conducted the 2024 NSEAI- Professional Special Education Advocacy National Survey of over 1,200 special education advocates across the U.S. The survey gathered quantitative and qualitative data to understand key issues and challenges. The survey instrument was developed by special education advocates who actually work professionally in the field vs lawyers and non-field related researchers. Respondents represented diverse experience levels and locations, the highest representation from California (12%), Texas (9%), and New York (10%) Pennsylvania (7%) New Jersey (5%) with 65% having 4+ years of professional advocacy experience.

The NSEAI national survey aims to inform strategies, policies, and resource allocation to better support students with special needs and their families and effectively support the work of special education advocates.

The issues that special education advocates say they face are multifaceted and require a comprehensive, multi-pronged approach. Developing the knowledge, skills, and credentials to drive meaningful change is crucial for those seeking to make a lasting impact. This knowledge comes from cross-training. Cross-training advocates with diverse expertise, beyond just legal knowledge, brings valuable breadth and depth to special education advocacy. (Education, research based interventions, psychology, OT, PT, S/L, AT, Aud. SLD, OHI, Low Incidence Disabilities, Sensory Issues, Behavioral interventions, …) This cross-disciplinary approach enables more comprehensive support tailored to each student's unique needs, empowering advocates to be more effective champions for student success.

4 PROCESS CONCERNS

4 areas of concern arose related to the IEP process,  in the survey:

1.  Honest Truthful Data

IEP decisions should be data-driven, with “honest truthful data” provided based on:

• Improvements in the student’s actual area of identified individual and unique need as well as functional outcomes due to complex comorbid needs.,
• Independent functional levels addressing prompt levels should be documented since often progress reported is not reproduceable in other environments or in independent testing., and
• Ongoing rates of progress should be noted so that if data shows lack of progress commensurate with the students ability, schools can meet more frequently to address the student's need for research based programming as well as need for intensity and fidelity of instruction.

Student progress documented accurately is essential so that meaningful IEP specially designed interventions can be developed and occur and the educational performance gap closed.

2.  Ensuring Meaningful Parent Participation

IEP meetings should be a collaborative decision-making process where parents (who are the best advocates for their children, per the DOE) are ensured that they can meaningfully participate. This includes:

• Providing materials and data ahead of the IEP meeting for parent review and IEP preparation –(just like the school does).,
• Agenda development, documenting parental concerns accurately so that adequate discussion occurs in these area vs having the IEP presented and read to the parents., and
• Providing interpreters when needed so parents fully understand the data and discussions.

3.  Inadequate IEP Meeting Documentation

Thorough documentation of IEP discussions, including disagreements, data and rationales presented, agreements and implementation plans is crucial. A summary  should be captured in the designated IEP paperwork sections like the Notice of Recommended Educational Placement NOREP and in Additional Notes Sections as well as in the parent follow-up letters after the IEP.

• There is often a lack of preserved educational record documentation detailing what occurred and how issues were resolved.
• It was noted that this creates challenges for parents in addressing the student's needs and did not protect student/parent rights
• Documentation should include
  • Options considered,
  • Reasons/ data used for decision making,
  • Any actual decision reached and its implementation plan,
  • Any disagreements,
  • Any resolution to a disagreement,
  • What was requested of the parent
  • What was requested, accepted, denied or resolved,
  • Requested additional data necessary for the parent to make an informed decision and when will it be provided and how. This is so that parents are equally informed participants and can give informed consent to the IEP.

This lack of documentation does not provide a clear record for advocates and parents to build upon.

4.  Use Of Confidential Settlement Agreements

Another concerning trend in special education is the increasing use of confidential settlement agreements developed between parents' lawyers (who profit from these agreements) and school districts. These settlements due to their lack of transparency allow districts to avoid accountability and meaningful change to their educational practices - changes that could benefit not just students with disabilities, but all learners.

This lack of transparency reinforces a rigid, outdated approach to special education. Rather than investing in research-based interventions that could help students achieve their goals cost-effectively, districts simply settle with parents for mistakes they have made, through these confidential deals. This perpetuates the status quo and a quid pro quo arrangement between education lawyers and schools, instead of incentivizing evidence-based programs and services.

Despite understanding the efficiency of settlement agreements. The opacity of these settlements shields districts from real scrutiny and accountability as they serve the 20% of all students with disabilities.

• Parents have no way to assess the quality of a district's special education services before moving into a district like other parents do.
• Parents give up years of student and parent rights when they sign these agreements as a matter of practice. This leaves them unable to address other civil right and ADA violations just so they can move on with often a still inadequate IEP.
• This practice undercuts the collaborative, student-centered IEP process, turning special education into an adversarial legal arena where districts prioritize hiding their lack of compliance with IDEA and ADA over providing appropriate supports.

Addressing this lack of transparency is crucial for meaningful special education reform and this practice prevents the shining of a light on current outdated, ineffective and expensive practices that do not lead to improved outcomes.

Non-transparent special education settlement agreements between parents' lawyers and school districts allow districts to avoid accountability, perpetuate outdated non-research-based practices, stall student progress and improved outcomes so to close the educational achievement gaps, perpetuate low educational rankings, and waste taxpayer money. Despite its use for efficiency its unpredicted outcome is that It directly undermines the collaborative IEP process preventing systemic improvements that could benefit all students.

TOP 10 ISSUES FOR SPECIAL EDUCATION ADVOCATES

IN 2024 SURVEY

1. Adequate Funding and Resources for Special Education Programs and Services
   Chronic underfunding has long plagued special education, leading to staffing shortages, staff not trained in research-based interventions, use of outdated equipment, and limited specialized services. Advocates must take a multi-faceted approach to secure increased and equitable funding.

Strategies in the IEP include actively using the “Supports to School Personnel” section of the IEP. It may also include analyzing budgets, identifying funding gaps, building coalitions, and leveraging external partnerships and grants. Mastering these techniques requires a deep understanding of the complex landscape of special education funding.

2.Ensuring Students Receive a Free and Appropriate Public Education (FAPE)
The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities the right to a FAPE, but significant barriers to access persist. Advocates must be well-versed in IDEA regulations but just as important are the types of services available (not just locally), what research-based interventions are available and how and why to use them, related service personnel’s practice acts and best practices since 85% of the IEP team are not educators. They need to be prepared to educate and hold districts accountable.

Effective strategies involve learning to navigate the special education system through cross-training programs, understanding rights and responsibilities, and developing dispute resolution techniques that are not always about giving up part of what is being asked for but learning to present the data to justify requests. Comprehensive training in the intricacies of related services and educational research not just IDEA can empower advocates to champion FAPE.

3. Advocating for Inclusive Educational Placements and Least Restrictive Environment (LRE)
Research demonstrates the benefits of inclusive education, yet many students with disabilities continue to be segregated or included for just inclusion’s sake without the appropriate supports to participate actively and access their education in that environment. Advocates must champion authentically inclusive practices and the LRE mandate. Approximately 60% of due process cases are related to placement concerns

Being well informed on the research and best practices around inclusive education, as well as techniques for collaborating with educators to design effective inclusion models, of pre-teaching, inclusion facilitation (academically and behaviorally), curriculum modifications, and use of inclusion plans can equip advocates to drive progress towards greater integration.

4. Improving the Individualized Education Program (IEP) Process
The IEP is the cornerstone of special education, but the process can be complex and challenging. Parents and advocates are not trained in the IEP development process adequately. Advocates must ensure the IEP development is truly collaborative and tailored to each student's unique needs from the beginning.

Strategies must involve effective family training and engagement, individualized specially designed instruction documentation AND data-driven goal setting, and monitoring implementation. In-depth training in the IEP process, like that given at NSEAI can help advocates secure appropriate services and accommodations for their students.

5. Addressing Disproportionality in Identification and Discipline of Minority Students in Special Education
Students of color, particularly Black and Latino students, face higher rates of identification for special education and significantly disproportionate disciplinary actions. Advocates must address these systemic inequities.

Analyzing data, facilitating courageous conversations, and collaborating with community partners can be powerful tools for combating bias and discrimination. A comprehensive understanding of the historical context and research on equity in special education is crucial. Advocates must understand that this is a not just a social justice issue it is a civil rights issue.

6. Enhancing Special Education Teacher Training and Retention
Shortages of qualified special education teachers compromise the quality of instruction and support. Advocates must advocate for improvements in pre-service training, compensation, and retention initiatives.

Strategies involve the use of the supports to “School Personnel Section” of the IEP to get teachers qualified in research-based practices and programs. This can also include partnering with educator preparation programs, collaborating with school districts, and engaging policymakers to elevate the teaching profession. Advocates must develop a nuanced understanding of the factors contributing to staffing challenges and effective solutions.

7. Expanding Transition Services and Post-Secondary Outcomes
Preparing students with disabilities for life after high school is crucial, yet transition planning and services horrifically fall short. Advocates must champion robust transition programming that address vocation, functional, social, communication, resource access, and academic skills.

Mastering best practices in transition planning, including assessment, goal-setting, community partnerships, and post-graduation supports, can empower advocates to ensure comprehensive transition services are in place. This takes extensive training that based on the survey most teachers and advocates do not have.

8. Increasing Access to Assistive Technology and Accommodations
Assistive technologies and appropriate accommodations are essential for many students with disabilities, yet access remains limited. Training and fidelity of use are concerns. Advocates must ensure these tools and supports are systematically provided, and education on use and data on efficiency of use monitored.

Strategies may involve evaluating student needs through appropriate AT evaluations that advocates can ask for, navigating funding sources, and collaborating with educators to implement effective solutions. In-depth knowledge of the assistive technology landscape can equip advocates to drive progress.

9. Protecting the Rights of Parents and Students in Special Education
Navigating the special education system for 80% of parents is overwhelming. Advocates must empower parents and students to be effective partners and safeguard their procedural safeguards and due process rights by being resources of information to the community and parent educators.

Comprehensive training in the legal rights and protections in 21 laws (not just IDEA) that are afforded to parents and students, as well as strategies for building family engagement and resolving disputes, can help advocates ensure accountability.

10. Promoting Educational Equity and Access for All Students with Disabilities
Underlying many of these issues is the need to achieve greater equity in special education, addressing barriers and ensuring equal opportunities for all students.

• Uneven Access to quality special education services and programs based on a student's location,     socioeconomic status, and school district resources
• Inadequate Funding for mental health services and lack of identification of mental health needs
• Culturally and linguistically biased evaluations leading to both over or under-identification of certain student populations.
• Lower academic and behavioral expectations which limits student’s opportunities and potential.
• Transition barriers from school to independent living and employment, resulting in long-term negative outcomes

Exploring the historical context, research, and strategies for dismantling institutional and systemic biases and disparities can equip advocates to analyze data, facilitate conversations, and partner with diverse stakeholders to drive transformative change.

Across all of these critical issues, developing the knowledge, skills, and credentials to advocate effectively is essential. While there are various avenues for professional development for professional special education advocates, one resource that stands out is the National Special Education Advocacy Institute (NSEAI).

Through its comprehensive Board Certification Training program, NSEAI equips special education advocates with the expertise to address these top challenges and others in this field. By investing in NSEAI's offerings, professionals can amplify their impact and drive meaningful change for students with disabilities and their families.

To learn more about how NSEAI can support your advocacy efforts, visit NSEAI.org.

Together, we can create a more equitable and inclusive educational landscape that empowers all students to reach their full potential.

NSEAI's online courses efficiently lead parents and professionals to an expert level of education advocacy in just 12 days of on-demand courses that you can do at your convenience.

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AUTHOR

Marie Lewis is an author, consultant, and national speaker on best practices in education advocacy. She is a parent of 3 children and a Disability Case Manager, Board Certified Education Advocate, and Behavior Specialist Consultant. She has assisted in the development of thousands of IEPs nationally and consults on developing appropriately individualized IEPs that are outcome-based vs legally sufficient. She brings a great depth of expertise, practical experience, and compassion to her work as well as expert insight, vision, and systemic thinking. She is passionate and funny and she always inspires and informs.