Navigating the Maze: Current Issues in Special Education
In an ever-evolving educational landscape, special education stands as a critical field dedicated to ensuring that students with disabilities receive the tailored support and resources they need to thrive. However, this field is not without its challenges. From staffing shortages and funding gaps to the complexities of inclusive practices and the emergence of new technologies, special education faces a multitude of pressing issues. Understanding these challenges is crucial for educators, policymakers, parents, and advocates alike, as they work together to create a more equitable and effective educational system for all students.
The Landscape of Special Education Today
In 2022-23, the number of students ages 3-21 who received special education and/or related services under the Individuals with Disabilities Education Act (IDEA) was 7.5 million, or the equivalent of 15 percent of all public school students. This represents a notable increase from 6.4 million students in the school year 2012-13, when they comprised 13 percent of total public school enrollment.
Enacted in 1975, the Individuals with Disabilities Education Act (IDEA) mandates the provision of a free and appropriate public school education for eligible students ages 3-21. Eligible students are those identified by a team of professionals as having a disability that adversely affects academic performance and as being in need of special education and/or related services. Data collection activities to monitor compliance with IDEA began in 1976.
It's important to note that while the percentage of students served under IDEA is calculated based on total public school enrollment in prekindergarten through grade 12, not all students served under IDEA receive education services in public school environments.
Variances Across States and Disability Types
In school year 2022-23, across the 50 states and the District of Columbia, the percentage of public school students served under IDEA ranged from 12 to 21 percent. Students with developmental delays, intellectual disabilities, and emotional disturbances accounted for 7, 6, and 4 percent of students served under IDEA, respectively. For most racial/ethnic groups, specific learning disabilities and speech or language impairments were the two most common types of disabilities. For Hispanic, American Indian/Alaska Native, and Pacific Islander students, specific learning disabilities and speech or language impairments together accounted for more than 50 percent of those served under IDEA. In contrast, although these two disabilities accounted for 40 percent of Asian students served under IDEA, the most common disability for Asian students was autism (31 percent).
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As a percentage of K-12 students enrolled in public schools in school year 2022-23, more male students (18 percent) than female students (10 percent) were served under IDEA. In addition, the percentage distribution of school-age students served under IDEA for various types of disabilities differed by sex. A combined 1 percent were homebound or in hospitals, in separate residential facilities (public or private), or in correctional facilities. Students served under IDEA who attended regular schools spent different percentages of time during the school day in general classes, and these percentages changed over time.
Student Outcomes and Exiting School
Data are also available for students ages 14-21 served under IDEA who exited school during school year 2021-22. Approximately 464,000 students ages 14-21 served under IDEA exited school. less than one-half of 1 percent died. Among students ages 14-21 served under IDEA who exited school in school year 2021-22, the percentages who exited for various reasons differed by race/ethnicity. The percentage of exiting students who graduated with a regular high school diploma was highest for Asian students (78 percent) and lowest for Black students (68 percent). The percentage of exiting students who received an alternative certificate was highest for Asian students (14 percent) and lowest for American Indian/Alaska Native students (4 percent). Among students ages 14-21 served under IDEA who exited school in school year 2021-22, the percentages who exited for various reasons also differed by type of disability. The percentage of exiting students who graduated with a regular high school diploma was highest for students with hearing impairments (84 percent) and lowest for students with multiple disabilities (40 percent). The percentage of exiting students who received an alternative certificate was highest for students with multiple disabilities (39 percent) and lowest for students with specific learning disabilities (5 percent).
Critical Issues in Special Education
1. Staffing Shortages
One of the most pervasive challenges facing special education is the shortage of qualified teachers and staff. During the 2022-23 school year, 21% of schools reported at least one vacancy in special education, and 55% of schools reported it was difficult to fill special education teacher positions. This scarcity of personnel directly impacts the quality and availability of services for students with disabilities.
These challenges occur due to both the high turnover rates of special education teachers- about 15% leave their schools each year and the declining numbers of new special education teachers graduating each year from teacher preparation programs.
The Government Accountability Office found that some students with disabilities did not receive special education services or had services delayed because of special education staffing challenges. Districts reported relying on unqualified staff to provide services or providing virtual services that were less effective than in-person services. In a recent court case in Pennsylvania, an autistic student did not receive the services on their IEP and was unable to leave their classroom during the school day because of staff shortages. The court ruled that staff shortages were not an excuse for failing to provide a free appropriate public education.
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Staffing shortages can manifest in various ways, including:
- Lack of Services: Students may not receive the full range of services outlined in their Individualized Education Programs (IEPs).
- Delayed Services: There may be significant delays in the provision of necessary interventions and support.
- Unqualified Staff: Schools may be forced to rely on underqualified or unqualified personnel to fill critical roles.
- Compromised Instruction: Students with specific learning disabilities, for example, may have less access to intensive, individualized instruction.
- Disrupted Programs: High teacher turnover can disrupt program implementation and school-wide reform efforts.
The effects of special education staffing problems on students are not equitably distributed. Instead, schools and districts in rural areas or those serving more racially/ethnically minoritized students or students from lower socioeconomic backgrounds experience the greatest staffing challenges.
Addressing special education teacher shortages is essential to ensuring that special education results in better outcomes for students with disabilities.
Potential Solutions
- Teacher Preparation Programs: Supporting student teachers can increase the likelihood that a district is able to recruit qualified personnel to fill open positions. Parents can engage with their local special education parent advisory councils to advocate for the district to build and maintain relationships with local teacher preparation programs.
- Financial Incentives: Federal, and in some cases state and local, programs may be available to help defray the costs of higher education to help recruit new individuals into the field.
- Working Conditions: Working conditions are a key factor contributing to higher special education teacher attrition. Improving working conditions will require leaders who are knowledgeable about special education and special education teachers’ work. Financial incentives, such as annual bonuses for special education teachers, can induce qualified general education teachers to consider switching into special education teaching positions, thereby reducing the number of special education positions that are vacant or that are filled by unlicensed personnel.
2. Funding Shortages
Many special education programs struggle with inadequate financial resources, which can impede the provision of necessary services and support for students with disabilities.
Lack of funding generally comes a lack of resources. In special education, trained teachers and service providers, along with access to an adapted core curriculum and learning interventions, are imperative to student success. Schools with limited budgets struggle to offer these differentiated resources, resulting in inappropriate rigor for students.
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3. Inclusion
Inclusion is a cornerstone of special education, but implementing inclusive practices still faces significant challenges. Some students with disabilities continue to experience isolation, both within and outside the classroom.
As schools continue to embrace inclusive practices, most students with disabilities now spend much of their days in general education classrooms. It’s a shift that’s reshaping classroom dynamics in significant ways. General education teachers are increasingly expected to support a wide range of learning needs, including many students with disabilities who may also be experiencing trauma, housing instability, and/or exceptional abilities in other areas.
4. Parental Involvement
Parental involvement is a crucial component of a child’s success in special education. Effective collaboration between parents and teachers can lead to better outcomes for students with disabilities.
5. Racial Disparities
Racial disparities in special education are another contemporary issue that affects a significant number of children. Black and Hispanic students are typically disproportionately represented in special education classes and often face a higher likelihood of disciplinary actions.
6. Legal Issues and Compliance
Districts do not want to be the target of any lawsuit, and families do not want to initiate lawsuits. However, what happens when students do not receive access to the educational opportunities they have a right to? Schools are federally mandated to provide students with disabilities access to specially designed instruction and services. If a school fails to provide eligible students with these services, legal action can be taken to ensure the students’ rights are protected.
7. Workload and Burnout
Special educators have a tremendous workload that includes writing IEPs, collecting and analyzing student data, collaborating with multidisciplinary team members, completing compliance paperwork and delivering individualized instruction for all students. That’s A LOT. We’re all familiar with the ties between high workload and burnout. When you wake up on a Saturday morning and think about everything you need to accomplish in one day - it can be draining. You wake up - load/unload your dishwasher, throw in a load of laundry, fold and put away the laundry, tackle grocery shopping, run your 3 kids to multiple different practices/games, find time for meals, tidy your house, take 30 minutes for self-care, again…it’s A LOT. All of this can lead to feeling burnt out with no time to decompress. For special educators, feeling alone in this uniquely demanding workload can be frustrating, especially since most of their colleagues in general education don’t have the same experiences. When all of this frustration boils over, what happens? Some teachers decide it’s time to move on. Then what happens? Schools are left facing unprecedented staff shortages, and in turn less experienced special educators, to meet the individual needs of our complex learners.
8. Data Collection and Use
Good data is key in helping special educators make informed decisions about the instructional strategies and interventions that are most effective for their students. In addition to data being helpful, the collection of data is a requirement set forth by the Individuals with Disabilities Education Act (IDEA). However, there are common barriers that prevent some special education teachers from collecting and using good data. One particular barrier? Lack of consistency across data collection within a district. Having access to consistent data. Every school is unique and the software or processes to collect and use data may vary within the same district. This poses the risk of inconsistent or inaccurate types of data within the same district.
9. Access to Adapted Curriculum
Often, special education students don’t have access to culturally-responsive, and socially and developmentally appropriate instruction. Why not? Funding for one reason. High-quality adapted core curriculum for a district can be pricey, and although worth every penny, allocating funds in a school budget is no easy task. Additionally, access to assistive technology, like speech-to-text software, or augmentative and alternative communication (AAC) devices, iPads, or other devices that support student communication is necessary to support equitable and inclusive learning for many.
10. AI and Emerging Technologies
Given the specific needs of special education students, the emergence of Artificial Intelligence (AI)-and other evolving assistive technologies like speech-to-text-has come at a pivotal time. While adopting these technologies certainly comes with challenges, they also hold great promise for special education students. When teachers are trained on how to use them effectively, they can help provide the highly individualized education that these students need. There’s still lots of work to be done in terms of research, professional development, and equitable access, but in the long term, leveraging emerging technologies like AI can help teachers provide truly differentiated instruction.
11. Trauma-Informed Teaching
Students in special education are more likely than their peers to be exposed to trauma. Trauma-informed teaching-which involves not just recognizing the signs of trauma but also knowing how to respond-can provide these students with the social-emotional support they need. Most importantly, it helps create a sense of safety, which is essential for their full engagement in the classroom.
12. Housing Instability
When students who already receive special education services experience housing insecurity, the impact can be even more severe. Transitions are often especially difficult for children with disabilities, and constantly moving or not having a consistent place to sleep adds another layer of difficulty to their learning-and their overall well-being, of course.
13. Twice-Exceptional (“2e”) Learners
Some students are both gifted and have a learning difference, and they’re known as twice-exceptional or “2e” learners. These students might excel in certain areas while also dealing with ADHD, autism, dyslexia, dysgraphia, or dyscalculia. Their strengths can sometimes hide their struggles, or their struggles might hide their strengths. As a result, they’re often misunderstood and may be unfairly labeled as lazy or underperforming, even though that’s far from the truth. They simply need the right kind of support to succeed.
14. Partnering With Adults in a Student’s Life
When a student is struggling, early communication can make a big difference. Being proactive-not just when there’s a problem, but also when there’s a small win-helps build strong partnerships between schools and families. Letting families know about the progress their child is making, no matter how small, helps build trust and reminds everyone that growth is happening.
15. Legal interpretations and updates
The legal requirement is now that a FAPE must be available to students until they either earn a high school diploma or turn 22, whichever occurs first. This change in eligibility of services will likely have significant impact on school districts across New York. Administrators, boards of education, and special education professionals will need to plan for increasing budget allocations to fund these additional services. It remains unclear whether the Board of Regents and NYSED program offices will provide additional funding and guidance to support districts in meeting these new special education programming and service requirements.
Proactive Measures for Districts
- The school district should have an IEE policy and procedure in place identifying the district’s criteria for IEEs, including evaluator credentials, fees, and geographic location.
- It is advisable for every district to have threat-assessment procedures and a trained team to analyze each threat and determine whether it is a true or passing threat.
16. Least Restrictive Environment (LRE)
Districts must remember that it is the least restrictive appropriate environment. Attorneys recommend districts remain patient and be sure to consider the parent’s perspective. CSEs are reminded that it must exhaust all potential supplementary aids and services within a setting before recommending a more restrictive setting for a student. Has the district tried all possible supports and accommodations? Have all options been exhausted? Personal aides? Assistive technology? The key is to try everything reasonably possible and see if it works. There will be pressure, perhaps from inside the building or parents of other students, to separate a student, but districts need to exhaust all reasonable options before placing the student in a more restrictive setting.
17. Service Animals
There are two questions administrators must ask before granting or denying a request: (1) Is the animal necessary for a disability (if it isn’t obvious, such as a student with blindness)? If the answer is yes to a disability, such as anxiety, and yes to the task, such as applying deep pressure in a stressful situation, the district must grant the request. After the animal has been admitted to school, the district will be in a better position to assess the extent to which the service animal is able to perform the task for which it was supposedly trained. The district will also determine the extent to which the animal disrupts school operations or poses a threat to others.
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