challenges in special education today

Five Current Trending Issues in Special Education

The majority of students with disabilities is now served in general education classrooms as we embrace inclusive practices in our schools. The primary dynamics of the general ed classroom is changing due to these inclusive measures. Continuing scarcity of special education teachers and movement toward team teaching or co-teaching impact the process that districts approach special education as well. The lines are blurring in diagnosis, pedagogy, and instruction between a general education classroom and special education approaches to instruction. As mentioned, both here and in previous blog posts, the classroom is changing. The focus of educators is becoming more about supporting students who face trauma, catastrophic events, multiple disabilities, and special talents, all without the benefit of a clear diagnosis. This is leaving general education classroom teachers responsible for a greater need for understanding of student learning that falls outside the realm of a worksheet and basal reader. Let’s take a deeper look into some of the top five issues that are currently trending in the world of special education.

As technology continues to substantially alter the classroom, students with Individualized Education Programs (IEPs) are especially targeted for extra support. By leveraging technology, classroom instruction can be enhanced with individual learning occasions, which allows teachers greater flexibility for differentiation in instruction through blended learning opportunities and the variety of Web-based, evidence-based practices. No longer are students stuck in a classroom they don’t understand, learning at a pace they can’t keep up with.

Trauma-Informed Teaching

Students and teachers are often faced with dire situations far outside their control. Managing these situations and addressing the emotional impact can make day-to-day instruction feel trivial in comparison. How do you face a traumatic event and continue to learn fractions? This school year, we have seen flooding, fires, tornados, mudslides, polar vortexes, and hurricanes affect communities. Surely these should be considered traumatic events! The National Child Traumatic Stress Network (NCTSN) counts natural disasters as traumatic events. The NCTSN defines a traumatic event as a “frightening, dangerous, or violent event that poses a threat to a child’s life or bodily integrity.” Each student reacts to trauma in his or her own way. While there is no clear-cut set of cues to spot, there are many resources describing possible signs of trauma to keep an eye out for. According to the NCTSN, there is a variety of behaviors that you might observe in students affected by trauma.

These students are dealing with issues that are far outside of the classroom, yet impact learning. How students deal is unique to them, but they do not qualify for special education services immediately. Trauma-screening resources are available for educators to help providers identify children’s and families’ needs. Knowing the signs and resources is a first step to managing a general education classroom with these special students. Students who face trauma certainly require special accommodations. Their world and work are significantly impacted by forces outside of their control. There are behaviors we can look for and resources we can put in place, but as educators, and often participants of the same catastrophic events, we need to be aware of the resources and act as part of the solution, not the only solution.

Homelessness

Educators are well aware of the impact of poverty on students and learning. But, do you know how many of your students are homeless? This is a challenge being faced by more students than you might expect, and under new Every Student Succeeds Act (ESSA) requirements, increased focus is being placed on monitoring the academic growth of this specific population. Again, these students fit outside the realm of traditionally acknowledged special education students. For homeless students, the classroom could be the one safe, stable place in their day-to-day lives, an important tether to the safety and security of routine and, perhaps most critically, an essential support in the journey out of poverty and into a better situation. These students are being forced to deal with significant, difficult, and interrelated challenges outside of the classroom that inevitably impact academic performance and the ability to participate in instruction.

At this point, it should come as no surprise that for children already identified as needing special education services, the stresses of homelessness can exacerbate learning problems. After all, transitions are often hard for children with exceptionalities—can you imagine anything more transitional than being without a consistent place to sleep every night? However, not all homeless students have gone through the evaluation process (or need to), so providing educational support and resources is not an option, but consider how difficult it must be for general education students to deal with the uncertainty of circumstances and continue to maintain focus on classroom instruction. Read our full blog post on strategies for educators and resources for you to connect your students .

Twice-Exceptional Students

One of the challenges teachers face, in addition to everything else on their plates, is providing material that is appropriate in content and grade level for every child. When discussing students with special needs, this can often refer to age-appropriate and skill-appropriate content. There is another population of students that must be reviewed with an eye toward their special needs. These children often get lost, and because of their talents, these students often find themselves hiding in the “average” populations. In education, students who qualify for gifted programs as well as special education services are described as “twice-exceptional” learners. Twice-exceptional (or “2E”) students demonstrate significantly above-average abilities in certain academic areas but also show special educational needs, such as ADHD, learning disabilities, or autism spectrum disorder. Because their giftedness often masks their special needs, or vice versa, they are sometimes labeled as "lazy" or "underperforming," even though that is not the case.

Educators recognize that 2E students exist—often in the shadows—of the classroom. However, the real challenge is how to accurately identify these students, understand the challenges that they face, and implement whole-child-based strategies to best support them. Savvy teachers are now learning how to allow these students to experience the same opportunities available for gifted students, learn in ways that highlight their strengths, and address their challenges at the same time.

Parental Support

We have talked at great length about some of the issues that students and teachers are facing within special education. Many of these topics are outside of the identification of diagnosis and recognition of special ed disabilities and guaranteed services. However, one common theme we have not discussed is the approach that must be considered when meeting with parents. You, as their child’s teacher, may be the very first person to indicate that there is an issue with their precious baby. Starting the conversation is hard—you can be met with tears or terror. The main thing to consider is that this is their child and that you only know one small piece of the puzzle. It is important from the beginning that you are part of the one unified team that supports students in the best way possible. At the end of the day, you and your students’ parents want the best for the children, and it’s important to remember that. You play an important role in students’ lives, so make sure that you’re making your voice heard, but be sure that you’re listening to what parents have to say. Keep children’s best interests in mind. Remember, you are an advocate, but they are the parents. Create a plan that you can all agree on—one that will find students where they are.

There is more legislation supporting students with special needs as being part of the general education classroom. Students with special needs are part of the general populations of their grade levels both in testing and in instruction. ESSA has clear limits on which/how many students can be classified for assessments (high-stakes exams), and the assessment world is moving toward the growth mindset, which celebrates a growth over final scores. It’s a position where special education teachers have lived for years.

Next Steps for Educators

Classroom teachers are amazing. It’s as simple as that. More and more students, either diagnosed or facing matters that are outside the standards of the Individuals with Disabilities Education Act (IDEA) categories of special ed, are showing up in the general education classroom. This puts significant pressures on general education teachers. Continuing education, individualized instruction, and flexibility are paramount for these teachers. Legislation calls for some of these previously underrepresented populations to be accountable in high-stakes testing, without IEPs or provisions. This means that classroom teachers must be aware of how best to teach everyone in the classroom and not turn over the keys to a special education teacher. Teachers with special education certification may not be there or may be spread across many classrooms. Communication is key. Work with other teachers, parents, and students to create an environment of shared practice and success. Be sensitive to the journey your students are on; it may have hidden barriers we might not know about.

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Many kids are struggling. Is special education the answer?

FILE - A student visits a sensory room at Williams Elementary School, on Nov. 3, 2021, in Topeka, Kan. Schools contending with soaring student mental health needs and other challenges have been struggling to determine just how much the pandemic is to blame. (AP Photo/Charlie Riedel)

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The COVID-19 pandemic sent Heidi Whitney’s daughter into a tailspin.

Suddenly the San Diego middle schooler was sleeping all day and awake all night. When in-person classes resumed, she was so anxious at times that she begged to come home early, telling the nurse her stomach hurt.

Whitney tried to keep her daughter in class. But the teen’s desperate bids to get out of school escalated. Ultimately, she was hospitalized in a psychiatric ward, failed “pretty much everything” at school and was diagnosed with depression and ADHD.

As she started high school this fall, she was deemed eligible for special education services, because her disorders interfered with her ability to learn, but school officials said it was a close call. It was hard to know how much her symptoms were chronic or the result of mental health issues brought on by the pandemic, they said.

“They put my kid in a gray area,” said Whitney, a paralegal.

Schools contending with soaring student mental health needs and other challenges have been struggling to determine just how much the pandemic is to blame. Are the challenges the sign of a disability that will impair a student’s learning long term, or something more temporary?

It all adds to the desperation of parents trying to figure out how best to help their children. If a child doesn’t qualify for special education, where should parents go for help?

“I feel like because she went through the pandemic and she didn’t experience the normal junior high, the normal middle school experience, she developed the anxiety, the deep depression and she didn’t learn. She didn’t learn how to become a social kid,” Whitney said. “Everything got turned on its head.”

Schools are required to spell out how they will meet the needs of students with disabilities in Individualized Education Programs, and the demand for screening is high. Some schools have struggled to catch up with assessments that were delayed in the early days of the pandemic. For many, the task is also complicated by shortages of psychologists .

To qualify for special education services, a child’s school performance must be suffering because of a disability in one of 13 categories, according to federal law. They include autism, attention-deficit/hyperactivity disorder, learning disabilities like dyslexia, developmental delays and “emotional disturbances.”

It’s important not to send children who might have had a tough time during the pandemic into the special education system, said John Eisenberg, the executive director of the National Association of State Directors of Special Education.

“That’s not what it was designed for,” he said. “It’s really designed for kids who need specially designed instruction. It’s a lifelong learning problem, not a dumping ground for kids that might have not got the greatest instruction during the pandemic or have major other issues.”

In the 2020-2021 school year, about 15% of all public school students received special education services under federal law, according to the National Center for Education Statistics.

Among kids ages 6 and older, special education enrollment rose by 2.4% compared with the previous school year, according to federal data. The figures also showed a large drop in enrollment for younger, preschool-age students, many of whom were slow to return to formal schooling. The numbers varied widely from state to state. No data is available yet for last year.

While some special education directors worry the system is taking on too many students, advocates are hearing the opposite is happening, with schools moving too quickly to dismiss parent concerns.

Even now, some children are still having evaluations pushed off because of staffing shortages , said Marcie Lipsitt, a special education advocate in Michigan. In one district, evaluations came to a complete halt in May because there was no school psychologist to do them, she said.

When Heather Wright approached her son’s school last fall seeking help with the 9-year-old’s outbursts and other behavioral issues, staff suggested private testing. The stay-at-home mom from Sand Creek, Michigan, called eight places. The soonest she could get an appointment was in December of this year — a full 14 months later.

She also suspects her 16-year-old has a learning disability and is waiting for answers from the school about both children.

“I hear a lot of: ‘Well, everyone’s worse. It’s not just yours,’” she said. “Yeah, but, like, this is my child and he needs help.”

It can be challenging to tease out the differences between problems that stem directly from the pandemic and a true disability, said Brandi Tanner, an Atlanta-based psychologist who has been deluged with parents seeking evaluations for potential learning disabilities, ADHD and autism.

“I’m asking a lot more background questions about pre-COVID versus post-COVID, like, ‘Is this a change in functioning or was it something that was present before and has just lingered or gotten worse?’” she said.

Sherry Bell, a leader in the Department of Exceptional Children at Charleston County School District in South Carolina, said she is running into the issue as well.

“In my 28 years in special education, you know, having to rule out all of those factors is much more of a consideration than ever before, just because of the pandemic and the fact that kids spent all of that time at home,” said Bell.

The key is to have good systems in place to distinguish between a student with a lasting obstacle to learning and one that missed a lot of school because of the pandemic, said Kevin Rubenstein, president-elect of the Council of Administrators of Special Education.

“Good school leaders and great teachers are going to be able to do that,” he said.

The federal government, he noted, has provided vast amounts of COVID relief money for schools to offer tutoring, counseling and other support to help students recover from the pandemic.

But advocates worry about consequences down the line for students who do not receive the help they might need. Kids who slip through the cracks could end up having more disciplinary problems and diminished prospects for life after school, said Dan Stewart, the managing attorney for education and employment for the National Disability Rights Network.

Whitney, for her part, said she is relieved her daughter is getting help, including a case manager, as part of her IEP. She also will be able to leave class as needed if she feels anxious.

“I realize that a lot of kids were going through this,” she said. “We just went through COVID. Give them a break.”

Sharon Lurye in New Orleans contributed to this report. The Associated Press education team receives support from the Carnegie Corporation of New York. The AP is solely responsible for all content.

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Students with disabilities have a right to qualified teachers — but there's a shortage

Lee V. Gaines

This is the first in a two-part series on the special education teacher shortage. You can read part two here .

At the beginning of the school year, when Becky Ashcraft attended an open house at her 12-year-old daughter's school, she was surprised to find there was no teacher in her daughter's classroom – just a teacher's aide.

"They're like, 'Oh, well, she doesn't have a teacher right now. But, you know, hopefully, we'll get one soon,' " Ashcraft recalls.

Schools are struggling to hire special education teachers. Hawaii may have found a fix

Ashcraft's daughter attends a public school in northwest Indiana that exclusively serves students with disabilities. She is on the autism spectrum and doesn't speak. Without an assigned teacher, it was difficult for Ashcraft to know what her daughter did everyday.

"I wonder what actually kind of education she was receiving," Ashcraft says.

Ashcraft's daughter spent the entire fall semester without an assigned teacher. One other parent at the school told NPR they were in the same position. Ashcraft says the principal told her they were trying to hire someone, but it was difficult to find qualified candidates.

After Months Of Special Education Turmoil, Families Say Schools Owe Them

The school would not confirm to NPR that Ashcraft's daughter had no teacher, but a spokesperson did say the school has used substitutes to provide special education services amid the shortage of qualified educators.

The federal Individuals with Disabilities Education Act guarantees students with disabilities access to fully licensed special educators. But as Ashcraft learned, those teachers can be hard to find. In 2019, 44 states reported special education teacher shortages to the federal government. This school year, that number jumped to 48.

When schools can't find qualified teachers, federal law allows them to hire people who aren't fully qualified so long as they're actively pursuing their special education certification. Indiana, California, Virginia and Maryland are among the states that offer provisional licenses to help staff special education classrooms.

It's a practice that concerns some special education experts. They worry placing people who aren't fully trained for the job in charge of classrooms could harm some of the most vulnerable students.

But given the lack of qualified special education teachers, Ashcraft says she wouldn't mind if her daughter's teacher wasn't fully trained yet.

"Let them work towards that [license], that's wonderful," she says. "But, you know, I guess at this point, you know, we're happy to take anybody."

The case against provisional special education licenses

Jacqueline Rodriguez, with the American Association of Colleges for Teacher Education, is alarmed at the number of provisional licenses issued to unqualified special education teachers in recent years — even if those teachers are actively working toward full licensure.

"The band aid has been, let's put somebody who's breathing in front of kids, and hope that everybody survives," she says. Her organization focuses on teacher preparation, and has partnered with higher education institutions to improve recruitment of special educators.

She worries placing untrained people at the helm of a classroom, and in charge of Individualized Education Programs, is harmful for students.

"This to me is like telling somebody there's a dearth of doctors in neurosurgery, so we would love for you to transition into the field by giving you the opportunity to operate on people while you're taking coursework at night," Rodriguez says.

She admits it's a provocative analogy, but says teaching is a profession that requires intensive coursework, evaluation and practice. "And unless you can demonstrate competency, you have no business being a teacher."

One district is building a special education teacher pipeline

Shaleta West had zero teaching experience when she was hired as a special educator by Elkhart Community Schools, a district in northern Indiana.

She says her first couple weeks in the classroom were overwhelming.

"It was very scary because, you know, I know kids, yes. But when you're trying to teach kids it's a whole other ball game. You can't just play around with them and talk to them and chit chat. You have to teach."

The Coronavirus Crisis

Families of children with special needs are suing in several states. here's why..

Her district is helping her work toward her certification at nearby Indiana University South Bend. Elkhart Community Schools pays West's tuition and, in exchange, West has agreed to work for the district for five years.

The district also provides West with a mentor — a seasoned special educator who answers questions, offers tips and looks over the complicated paperwork that's legally required for students with disabilities.

West says she would have been lost without the mentorship and the university classes.

"To be honest, I don't even know if I would have stayed," she explains.

"I knew nothing. I came in without any prior knowledge to what I needed to do on a daily basis."

Administrator Lindsey Brander oversees the Elkhart schools program that supports West. She says the program has produced about 30 fully qualified special educators over the past four years. This year, it's serving about 10 special educators, all on provisional licenses.

"We are able to recruit our own teachers and train them specifically for our students. So the system is working," Brander explains. The challenge, she says, is that it's become increasingly difficult for the district to find people to participate in the program.

And even with a new teacher pipeline in place, the district still has 24 special education vacancies.

Brander would prefer if all the district's special education teachers were fully qualified the first day they set foot in a classroom.

"But that's not reality. That's not going to happen. Until we fix some of the structural challenges that we have in education, this is how business is done now. This is life in education," she says.

How high teacher turnover impacts students

The structural issues contributing to the special educator shortage include heavy workloads and relatively low pay. At Elkhart schools, for example, new special education teachers with bachelor's degrees receive a minimum salary of $41,000, according to district officials.

Desiree Carver-Thomas, a researcher with the Learning Policy Institute, says low compensation and long workdays can lead to high turnover, especially in schools that serve students of color and children from low-income households. And when special education teachers leave the profession, the cycle continues.

"Because when turnover rates are so high, schools and districts they're just trying to fill those positions with whomever they can find, often teachers who are not fully prepared," Carver-Thomas says.

Hiring unprepared teachers can also contribute to high turnover rates, according to Carver-Thomas' research . And it can impact student outcomes.

Schools Say They Have To Do Better For Students With Disabilities This Fall

As NPR has reported , Black students and students with disabilities are disciplined and referred to law enforcement at higher rates than students without disabilities. Black students with disabilities are especially vulnerable; federal data shows they have the highest risk for suspension among all students with disabilities.

"That may be more common when teachers don't have the tools and the experience and the training to respond appropriately," Carver-Thomas says.

Schools and families have to make do

The solution to the special educator shortage isn't simple. Carver-Thomas says it will require schools, colleges and governments to work together to boost teacher salaries and improve recruitment, preparation, working conditions and on-the-job support.

In the meantime, schools and families will have to make do.

In January, Becky Ashcraft learned her northwest Indiana school had found a teacher for her daughter's classroom.

She says she's grateful to finally have a fully licensed teacher to tell her about her daughter's school day. And she wishes the special educators that families like hers rely on were valued more.

"We've got to be thankful for the people that do this work," she says.

Nicole Cohen edited this story for broadcast and for the web.

Articles on Special education

Displaying 1 - 20 of 40 articles.

Navigating special education labels is complex, and it matters for education equity

Laura Perez Gonzalez , Toronto Metropolitan University ; Henry Parada , Toronto Metropolitan University , and Veronica Escobar Olivo , Toronto Metropolitan University

Schools have a long way to go to offer equitable learning opportunities, especially in French immersion

Diana Burchell , University of Toronto ; Becky Xi Chen , University of Toronto ; Elizabeth Kay-Raining Bird , Dalhousie University , and Roksana Dobrin-De Grace , Toronto Metropolitan University

Daily report cards can decrease disruptions for children with ADHD

Gregory Fabiano , Florida International University

Achieving full inclusion in schools: Lessons from New Brunswick

Melissa Dockrill Garrett , University of New Brunswick and Andrea Garner , University of New Brunswick

Pandemic shut down many special education services – how parents can help their kids catch up

Mitchell Yell , University of South Carolina

Police response to 5-year -old boy who left school was problematic from the start

Elizabeth K. Anthony , Arizona State University

Decades after special education law and key ruling, updates still languish

Charles J. Russo , University of Dayton

ADHD: Medication alone doesn’t improve classroom learning for children – new research

William E. Pelham Jr. , Florida International University

Students of color in special education are less likely to get the help they need – here are 3 ways teachers can do better

Mildred Boveda , Penn State

Students with disabilities are not getting help to address lost opportunities

John McKenna , UMass Lowell

5 tips to help preschoolers with special needs during the pandemic

Michele L. Stites , University of Maryland, Baltimore County and Susan Sonnenschein , University of Maryland, Baltimore County

Children on individual education plans: What parents need to know, and 4 questions they should ask

Tori Trajanovski , York University, Canada

3 ways music educators can help students with autism develop their emotions

Dawn R. Mitchell White , University of South Florida

‘Generation C’: Why investing in early childhood is critical after  COVID-19

David Philpott , Memorial University of Newfoundland

Federal spending covers only 8% of public school budgets

David S. Knight , University of Washington

Coronavirus: Distance learning poses challenges for some families of children with disabilities

Jess Whitley , L’Université d’Ottawa/University of Ottawa

How lockdown could affect South Africa’s children with special needs

Athena Pedro , University of the Western Cape ; Dr Bronwyn Mthimunye , University of the Western Cape , and Ella Bust , University of the Western Cape

5 tips to help parents navigate the unique needs of children with autism learning from home

Amanda Webster , University of Wollongong

Ontario’s high school e-learning still hasn’t addressed students with special needs

Pam Millett , York University, Canada

Excluded and refused enrolment: report shows illegal practices against students with disabilities in Australian schools

Kathy Cologon , Macquarie University

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What federal education data shows about students with disabilities in the U.S.

Public K-12 schools in the United States educate about 7.3 million students with disabilities – a number that has grown over the last few decades. Disabled students ages 3 to 21 are served under the federal  Individuals with Disabilities Education Act (IDEA) , which guarantees them the right to free public education and appropriate special education services.

For Disability Pride Month , here are some key facts about public school students with disabilities, based on the latest data from the  National Center for Education Statistics (NCES) .

July is both Disability Pride Month and the anniversary of the Americans with Disabilities Act. To mark these occasions, Pew Research Center used federal education data from  the National Center for Education Statistics  to learn more about students who receive special education services in U.S. public schools.

In this analysis, students with disabilities include those ages 3 to 21 who are served under the federal  Individuals with Disabilities Education Act (IDEA) . Through IDEA, children with disabilities are guaranteed a “free appropriate public education,” including special education and related services.

The 7.3 million disabled students in the U.S. made up 15% of national public school enrollment during the 2021-22 school year. The population of students in prekindergarten through 12th grade who are served under IDEA has grown in both number and share over the last few decades. During the 2010-11 school year, for instance, there were 6.4 million students with disabilities in U.S. public schools, accounting for 13% of enrollment.

The number of students receiving special education services temporarily dropped during the coronavirus pandemic – the first decline in a decade. Between the 2019-20 and 2020-21 school years, the number of students receiving special education services decreased by 1%, from 7.3 million to 7.2 million. This was the first year-over-year drop in special education enrollment since 2011-12.

The decline in students receiving special education services was part of a 3% decline in the overall number of students enrolled in public schools between 2019-20 and 2020-21. While special education enrollment bounced back to pre-pandemic levels in the 2021-22 school year, overall public school enrollment remained flat.

These enrollment trends may reflect some of the learning difficulties and health concerns students with disabilities and their families faced during the height of the COVID-19 pandemic , which limited or paused special education services in many school districts.

Many school districts struggle to hire special education professionals. During the 2020-21 school year, 40% of public schools that had a special education teaching vacancy reported that they either found it very difficult to fill the position or were not able to do so.

Foreign languages (43%) and physical sciences (37%) were the only subjects with similarly large shares of hard-to-fill teaching vacancies at public schools that were looking to hire in those fields.

While the COVID-19 pandemic called attention to a nationwide teacher shortage , special education positions have long been among the most difficult for school districts to fill .

The most common type of disability for students in prekindergarten through 12th grade involves “specific learning disabilities,” such as dyslexia.  In 2021-22, about a third of students (32%) receiving services under IDEA had a specific learning disability. Some 19% had a speech or language impairment, while 15% had a chronic or acute health problem that adversely affected their educational performance. Chronic or acute health problems include ailments such as heart conditions, asthma, sickle cell anemia, epilepsy, leukemia and diabetes.

Students with autism made up 12% of the nation’s schoolchildren with disabilities in 2021-22, compared with 1.5% in 2000-01.  During those two decades, the share of disabled students with a specific learning disability, such as dyslexia, declined from 45% to 32%.

The percentage of students receiving special education services varies widely across states. New York serves the largest share of disabled students in the country at 20.5% of its overall public school enrollment. Pennsylvania (20.2%), Maine (20.1%) and Massachusetts (19.3%) serve the next-largest shares. The states serving the lowest shares of disabled students include Texas and Idaho (both 11.7%) and Hawaii (11.3%).

Between the 2000-01 and 2021-22 school years, all but 12 states experienced growth in their disabled student populations. The biggest increase occurred in Utah, where the disabled student population rose by 65%. Rhode Island saw the largest decline of 22%.

These differences by state are likely the result of inconsistencies in how states determine which students are eligible for special education services and challenges in identifying disabled children.

The racial and ethnic makeup of the nation’s special education students is similar to public school students overall, but there are differences by sex.  About two-thirds of disabled students (65%) are male, while 34% are female, according to data from the 2021-22 school year. Overall student enrollment is about evenly split between boys and girls.

Research has shown that decisions about whether to recommend a student for special education may be influenced by their school’s socioeconomic makeup, as well as by the school’s test scores and other academic markers.

Note: This is an update of a post originally published April 23, 2020.

Katherine Schaeffer is a research analyst at Pew Research Center

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The Current State of Special Education in the U.S.

The term “special” is typically used to describe something that is better or greater than the average. In terms of education, however, the term is often used to describe students who are different or differently abled. Special education focuses on helping children with disabilities learn and, just as every student is different, so are the various approaches to special education.

Parents and teachers have always had their work cut out for them when it comes to educating and caring for special needs students, but the COVID-19 pandemic has created new challenges that may last for years to come. In this article, we’ll discuss the effects of the COVID-19 pandemic on special education and provide useful information for both parents and teachers.

What is Special Education?

The term “special education” generally refers to a set of services provided to students who have unique learning needs. In terms of federal law, according to the Individuals with Disabilities Education Act (IDEA), however, special education is defined as: “Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”

In order to qualify for special education services, students must have an identified disability that affects their ability to learn. Eligible disabilities may include the following:

• Intellectual disabilities
• Speech or language impairment
• Hearing impairment
• Visual impairment
• Serious emotional disturbance
• Traumatic brain injury
• Orthopedic impairments
• Autism spectrum disorder
• Developmental delay
• Specific learning disabilities

Federal law requires schools to provide an appropriate education for all of their students with disabilities, regardless their disability or its severity. It also requires that six principles be provided to all students who qualify for special education services. These principles include the following:

• Free and Appropriate Public Education (FAPE ) – This principle states that all children with disabilities are entitled to a public education (at no cost) that is designed to meet the child’s individual needs. Students should be provided access to the general education curriculum and receive services in accordance with their IEP.
• Nondiscriminatory Identification and Evaluation – Public schools are required to use nonbiased methods to identify students with disabilities to ensure that there is no discrimination based on race, culture, or native language. Evaluation instruments must use the child’s native language.
• Individualized Education Program (IEP ) – This is a document that forms the foundation of special education, describing in detail the services to be provided to each individual student. It includes a description of the student’s current academic level and information on how the student’s disability affects their performance. It also outlines the adaptations and accommodations that are to be made along with learning goals and objectives for the year.
• Least Restrictive Environment (LRE ) – This describes the setting in which students with disabilities receive special education services. Generally speaking, children will be educated alongside students without disabilities as much as is appropriate. It may include part- or full-time special education in a resource room, a self-contained classroom, or community setting.
• Parent Participation – Parents have the right to be a member of any group that makes decisions regarding their child’s placement and LRE. They also have the right to access planning and evaluation materials and should be invited to attend IEP meetings.
• Due Process Safeguards – These are the protections given to children and their parents under IDEA. Safeguards may include obtaining parental consent for placement, confidentiality of the child’s records, independent evaluation (at no cost to the parent), and due process hearings in times when the school and the parent may disagree.

Because every child is unique, special education is not a “one size fits all” approach. Furthermore, federal law requires that children who receive special education spend as much time as possible in the same classrooms as other children. This requires parents and teachers to be involved in the student’s education to ensure they learn at an appropriate rate.

The Impact of the Pandemic on Special Needs Students

According to data collected by the Pew Research Center , there were nearly 7 million disabled students in the United States at the end of the 2017-18 school year. This group of special needs students has grown 11% since the 2000-01 school year. While the IDEA guarantees a certain quality of education for disabled students aged 3 to 21, the COVID-19 pandemic has created some unique challenges that won’t soon be overcome. Millions of students across the country shifted to online learning and the transition was particularly challenging for special needs students.

A survey of Americans aged 18 and older revealed that disabled Americans feel less comfortable using technology than their non-disabled counterparts. Additionally, disabled adults are less likely to express a high level of confidence in their ability to use the Internet as well as other communication devices (39% versus 65% of all adults). Compared to 8% of non-disabled adults, 23% of disabled adults say they never go on the Internet at all.

If disabled adults struggle to such a significant degree with technology, what does it mean for children with disabilities?

Many parents of disabled children find that maintaining a structured routine helps. Unfortunately, the chaos of the COVID-19 pandemic destroyed existing structures for special needs students both in-school and at-home. With the majority of schools transitioning to remote learning, it has fallen on the parents to establish the kind of routine their children would have normally had in school. Like most parents of school-age children, the parents of special needs children have undergone a period of trial-and-error to find out which methods work and which do not.

It wasn’t just parents who struggled, however. When schools first closed down, the federal government declared that it wouldn’t offer any special education waivers. Essentially, that meant that everything stipulated under IDEA was still in place, despite the increased difficulty schools faced in implementing it.

Some states made their own adjustments like the Massachusetts Department of Elementary and Secondary Education (formerly the Massachusetts Department of Education). They decided that schools could provide a modification to their IEPs in the form of a remote learning program that was to be submitted to families in writing. Unlike the traditional IEP, however, these remote learning plans didn’t require a sign-off from parents. Unfortunately, many schools followed a similar trajectory in failing to provide services to special needs students if they couldn’t do it in the same way as regular students.

Students who were new to the special education system may have faced even greater challenges. Schools are required to evaluate special needs children within 30 school days and to meet with the family after another 15 days. During the spring quarantine, however, schools did little or no testing which has created a huge backlog. Not only have these students missed out on these evaluations, but they’ve missed out on months of special education services.

Under IDEA, special needs students are entitled to these services which means families are entitled to compensatory services for the special education students didn’t receive during the pandemic. Schools are still working out the details for what this compensation will look like.

The Upside of Remote Learning

While many special needs students have struggled to adapt to remote learning, the experience has been a very positive one for others. Many students with disabilities have found that remote learning is more accessible for their learning style and, for some, it is liberating in a way.

A recent Hechinger Report tells the story of a seventh grader named John who has both a language disorder and ADHD. For John, learning came easier in a remote setting than it ever had in school. When asked about potentially continuing remote learning, John told the report, “I bet I could do so much better, and I could concentrate better.” John’s mother saw a difference as well, commenting, “He misses his friends, obviously, but at the same time, I can tell there was a huge change in his stress levels, and he was able to concentrate on his schoolwork.”

The shift to remote learning has been difficult for teachers and students alike. It has been particularly difficult for children of color and kids without access to technology at home. For a small number of students, however, freedom from the distractions that come with in-person learning has been a blessing. This has led some educators to wonder how these experiences can be applied to improve in-person education in the future for all students.

A Look at Special Education Statistics

As the world recovers from the COVID-19 pandemic, many industries find themselves facing major changes going forward – the education industry included. Though we may not yet fully understand the impact of the pandemic on this generation of students, new data will continue to inform the decisions of policymakers and educators. Statistics on special education will be important as well.

Here are a few statistics on special education in the U.S.:

• The most common disability for American students is a “specific learning disability” like dyslexia. In the 2017-18 school year, roughly one-third (34%) of disabled students had a specific learning disability, 20% a speech/language impairment, and 14% a chronic health problem.
• Autistic students account for about 10% of the nation’s disabled school-age children, compared to just 1.5% two decades earlier. In the same time period, students with specific learning disabilities declined from 45% to 34%.
• The percentage of special education students varies greatly from state to state. The highest rates are found in the northeast, particularly Pennsylvania (18.6%), Maine (18.4%), and Massachusetts (18%). The lowest numbers are found in Texas (9.2%), Hawaii (10.6%), and Idaho (11%). All except 15 states declined in numbers between 2000 and 2018.
• The demographics of special education students mirror the student population overall but there are some differences in gender. Roughly two-thirds of special needs students are male (67%) while overall, student enrollment is fairly evenly split between boys and girls.

In 2018, an article published by U.S. News reported that the number of students receiving special education services is on the rise, citing 13% of all students. This is according to a Department of Education report, titled The Condition of Education 2018 . According to this report, students receiving special education rose from 6.6 million to 6.7 million from the 2014-15 school year to the 2015-16 school year. Though the increase is only slight from the previous year, the lead author of the report notes that it is within the range of what they’ve seen in previous years.

Tips for Parents of Special Needs Children

Though the country is slowly rising out of the pandemic, this generation of students will be feeling the effects for years to come. Students of color and special needs children may be the last to fully recover, though many would argue that the last thing that is needed is a complete return to “normal.” The pandemic may have been challenging (disproportionately so for some groups), but it also highlighted areas where change is needed most which will hopefully inspire policymakers to take action.

As the parent of a special needs child, you may find yourself playing the role of teacher for a little while longer. Even though many schools have reopened for in-person education or plan to in the fall, it could be a long summer and the next school year won’t be without hiccups.

To give you an idea of how the pandemic has affected special needs students in particular, consider the results of a survey conducted by the Child Neurology Foundation of nearly 2,000 families. Parents of special needs children reported an increase in tantrums and other disruptions – 81% reported aggressive outbursts happening at least once a month. The stress of the pandemic has been hard on everyone, but children – perhaps especially children with disabilities – may not have the capacity to understand what is happening or why.

Dr. Tanjala Gibson, MD, FAAN, the director of the Neurodevelopmental Disabilities Clinic at the Center for Developmental Disabilities, suggests parents of special needs children employ these strategies:

• Prioritize safety . Even when your child is in the middle of a meltdown, make sure both of you are safe. If necessary, take steps to keep your child from hurting themselves or other without restricting his or her ability to express their feelings.
• Stop talking . When you’re in a battle with your child, sometimes the best thing you can do is stop talking. Many children become cognitively overloaded and, particularly in the middle of a tantrum, the last thing they want to do is listen. Use fewer words if you can or stop talking altogether to give your child time to calm down.
• Mimic good behavior . Your child feeds off your energy and your mood, so try to keep yourself calm as much as possible. When your child is throwing a tantrum, try using soothing motions like gentle physical touch or take your child for a calming walk. Sometimes the best thing you can do is leave them alone to work through their feelings.
• Offer forgiveness . Never punish your child for feeling overwhelmed or throwing a tantrum. Instead, try to talk to your child after it’s over to figure out the source of the problem so you can prevent it from happening again in the future. Ask your child how you can help.
• Help your child understand . Many children with disabilities resist doing things if they don’t understand why they’re doing them. Take advantage of resources and learning tools to help your child understand things in their own terms.
• Get support . Being the parent of a special needs child can feel isolating at times, so find support wherever you can. Join a parents group, even if it’s only online, and network with other parents to share helpful resources and relevant experiences.
• Engage in self - care . Everyone deserves a little time to themselves now and then, though it may be difficult for you to find spare time when you’re the parent of a special needs child. Take advantage of friends and family to get the time you need to take care of yourself. You won’t be able to give your child your best if you’re not taking care of your own needs.

Being a parent or teacher to a special needs child is always a challenge, but the COVID-19 pandemic has thrown a wrench in the entire public education system. While schools have started to reopen and resume a more-or-less normal mode of education, special needs students still face lasting challenges and may continue to face them for years to come.

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Top 10 Special Education Issues for the 2023-24 School Year

Harris Beach has a team of four attorneys paying close attention to issues and news in the special education arena. Based on their knowledge of the field, they have assembled a list of issues for school districts, special education administrators and others in the field to be aware of and, perhaps, address proactively.

The top 10 identified issues:

1. Special Education Staff and Program Shortages

Even before COVID, staffing and program shortages were common in the field. The pandemic exacerbated the problem.

In some cases, such as transportation, the shortage is common throughout education. Bus drivers have been in great demand throughout the country.

Harris Beach attorneys recommend school districts, when possible, consider sharing transportation duties with other districts in situations such as transporting students to out-of-district programs.

The problem should also be addressed by the highest levels of the school district, not left to the special education director. Coordination with your Boards of Cooperative Educational Services (BOCES) is essential. The special education director needs to work closely with the superintendent and the transportation director to work out arrangements for all students.

With teacher shortages, districts should persistently advertise for teachers and short and long-term substitutes.

Special education administrators also need to be proactive with superintendents about their needs so the superintendents can encourage BOCES to create needed programs.

Remote learning could be an answer in some circumstances. It is not appropriate for all students or services, but it is for some. Just be aware of certification issues if the remote program is offered from a different state.

Finally, in some instances home services could be an option, but this should be a temporary option, not a long-term solution.

It is imperative that districts have an Individualized Education Program (IEP) in place for a student, even if the program does not currently exist. The Committee on Special Education (CSE) must ensure that the student has an IEP in place that is able to be implemented.

2. Compensatory Services

As a result of COVID and staffing shortages, some students may have missed certain services.

Districts should look back and determine if services were missed because, under some circumstances, compensatory services are necessary to make the student whole.

Requests for compensatory services increased after COVID as more parents became aware that districts must make up services in circumstances in which students did not make expected progress.

For districts, it may be easy to know if services are owed. It is more difficult to pinpoint how much services are owed because students are not automatically entitled to one-for-one make-up sessions. For example, a student who misses 100 hours of speech-language therapy is not automatically entitled to 100 hours of compensatory speech-language therapy. Rather, the inquiry is based on the student’s progress and the student may need more or less to make up a gap in expected progress.

The CSE should consider data on student progress to help determine how much services are owed. Focus on whether the student achieved their annual goals and what was missed by collecting and reviewing the data to identify the deficit and what is needed to address it. Progress Monitoring data from the student’s last year’s IEP will be key information to help determine what if any compensatory services may be due to the student for the 2023-2024 school year.

In some cases, administrators and the parent can work out an agreement on compensatory services. That is ideal, but the district should be certain to document the agreement in writing separate from the IEP. The district should also document the provision of any compensatory services.

3. Managing Student Behaviors and Mental Health Issues

This is a major issue right now, perhaps exacerbated by COVID and a lack of services to address mental health, Harris Beach attorneys note.

One potential issue is Child Find violations. Child Find is a district’s duty to identify and evaluate all students who are reasonably suspected of having a disability. Those students should be referred to the CSE.

School districts should be mindful that students may qualify under special education law, or Section 504, as a student with a disability, even when the student is doing well, when their mental health condition does not allow them to attend school regularly, get through their day or develop appropriate peer or adult relationships.

Districts frequently provide pre-referral services that are too intense and for too long to students with social-emotional and/or behavioral difficulties. These pre-referral interventions are often similar to special education-level support and could indicate the student should have been referred and an IEP developed.

When students exhibit behaviors that interfere with learning, districts should conduct a Functional Behavioral Assessment (FBA) and put a Behavioral Intervention Plan (BIP) in place.

By referring and getting IEPs and BIPs in place, the district is better serving the student and in a better position to defend its plan, attorneys say

4. Pressure to Reduce Suspensions/Restorative Justice

Harris Beach attorneys caution that students with disabilities are protected from discipline for behaviors outside of their control through the manifestation determination review (MDR) process.

Harris Beach attorneys have noticed an increase in suspensions as student behavioral needs have increased for all students, including those in general education and special education. On the other hand, the pressure to keep children in the classroom is strong; the attorneys anticipate future legislative limitations on suspending all students, including students with disabilities.

The state is encouraging Restorative Justice, the attorneys said. This is a theory of justice focused on mediation and agreement rather than punishment. It is based on inclusionary practices that bring students and teachers together. The state has initiated free training to districts on Restorative Justice techniques. Using this alternative approach does not, however, remove the requirement to conduct manifestation determination reviews when student behavior results in the number of suspensions and/or removals from school that trigger the manifestation determination review safeguards.

5. Services for Students Beyond 21 Years of Age

One of the biggest issues affecting particularly New York school districts this year is providing services to student with disabilities through age 22 -- an additional year that will likely impact district budgets.

A U.S. Second Circuit Court of Appeals decision holding that Connecticut must make available a free appropriate public education (FAPE) until age 22 for students with disabilities (SWDs) who had not received a high school diploma led to New York’s State Education Department to opine that New York school districts must do the same.

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. However, “SED’s Office of Special Education recommends that school districts consider providing such services through the end of the school year in which the student turns 22 or upon receipt of a high school diploma, 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. The Harris Beach Education Team previously issued a Legal Alert on the subject of services until age 22 .

6. Increase in Independent Educational Evaluation Requests

More parents are asking for Independent Educational Evaluations (IEEs), perhaps because of COVID, staffing shortages or increased awareness.

Harris Beach attorneys recommend districts be proactive. 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. Although it is permissible to reach out to the parent and ask why they want the evaluation, districts cannot require parents to provide a reason. Rather, parents are entitled to IEEs when they disagree with a CSE evaluation conducted by the school district. The school district’s response to a parent’s request for an IEE must be to either grant the request or initiate an impartial due process hearing to demonstrate the district’s own evaluation was appropriate and/or to enforce the district’s IEE criteria. Notably, it is often less expensive to grant the request, but there are some circumstances in which districts decide to initiate due process.

Also, if an independent evaluation is requested, the district should provide parents with an updated provider list for them to select an evaluator. The list should contain active providers within the district’s defined geographic area, who have qualifications and credentials equal to those required by the district and pricing acceptable to the district. Regularly check community rates for evaluations to set your fee parameters.

7. Students Viewed as a Threat to Others

When a student with (or without) a disability is viewed a threat to others, a district will face pressure from two sides: the parents and state requirements to maintain educating the student in the least restrictive environment, as well as the teachers, students, parents of students and others who perceive the student as a threat.

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. Students with disabilities who are disciplined for making threats are entitled to manifestation determination review protections when warranted because of the length of suspension or removal.

If a nexus is found between the student’s misconduct and disability, the district may pursue an Interim Alternative Educational Setting (IAES) if the misconduct involved a weapon, drugs, or resulted in in serious bodily injury. Placement in the alternative setting may be for up to 45 school days, but no longer than the length the suspension would have been. The CSE ultimately determines the IAES placement for a student.

The other option is to initiate due process and ask an independent hearing officer to order placement in an IAES because the student is a threat to harm themselves or others. The district would need to prove the student is dangerous, which is often challenging.

8. Greater Pressure to Mainstream Students with Disabilities

Many parents naturally want their children with disabilities to be educated alongside their non-disabled peers. Parents want placement in the least restrictive environment, and this is also required by law. Districts must remember that it is the least restrictive appropriate environment, Harris Beach attorneys say. Some students need smaller environments with less distractions and more individual attention.

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? Behavioral intervention plan?

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. Sometimes those options will work for a student. But if the interventions are not successful, , the parents may see that the student is not making progress in the setting and accept a change. Either way, the district will be in a better position to defend its decision.

9. Service Animals

School districts are seeing an increase in students being accompanied by service animals in school.

Districts are understandably cautious about service animals in schools because of the distraction they may cause, but 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)? And, (2) what task is the animal trained to perform?

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. There’s not a lot of wiggle room, Harris Beach attorneys say. The right to a service animal is a distinct set of rights under the Americans with Disabilities Act, independent of the requirements/rights under the IDEA.

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. Under those circumstances, the service animal may be excluded from the school setting.

10. Reading Instruction

Reading is a hot-button issue for many parents and advocates. Parents of children with reading disabilities frequently make demands for an IEP to include specific teaching methodologies, evaluator credentials, the amount of instruction time and staffing ratios for instruction. Some independent evaluators make blanket recommendations on reading, such as every student should have one hour of daily individual instruction.

But districts should determine reading instruction, including specific annual goals, based on the individual needs of the student. Ultimately, the IEP goals drive the instruction, and a student’s teacher has the authority to identify the appropriate methodology to address those goals. Except in rare exceptions, decisions regarding teaching methodology should be made by teachers in the classroom, not at CSE meetings.

Reading intervention is frequently provided on a building-level basis so CSEs do not include the specialized reading on student IEPs. But for students with disabilities who require specialized reading instruction, specific content such as annual goals, frequency and duration of service, staffing ratios and instructional settings should be included in the student’s IEP.

These 10 issues will significantly impact the special education field in New York and across the country over the next school year. 

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Home / Learning / Challenges And Controversial Issues In Special Education Today

Challenges And Controversial Issues In Special Education Today

Delve into the turbulent currents of today’s Special Education landscape. Explore the battlegrounds of inclusion, the intricate dance of diagnosis, and the technological revolution’s disruptive impact. Controversial Issues in Special Education Today takes you on a thrilling roller coaster ride through the hot-button topics that ignite fiery discussions and challenge the status quo. Brace yourself for a thought-provoking journey into the heart of educational controversy.

The landscape of special education is continually evolving, shaped by societal changes, advancements in research, and shifting educational paradigms.

This evolution has given rise to various controversial issues that demand careful consideration. In this brief introduction, I will provide an overview of these emerging challenges within the field of special education .

One of the primary issues is the ongoing debate over inclusive education. While it aims to provide equal educational opportunities for students with disabilities in mainstream classrooms, it raises questions about whether it adequately addresses the diverse needs of these students.

Additionally, the assessment and identification of students with disabilities have been a subject of contention, with concerns about overdiagnosis or underdiagnosis.

Furthermore, the role of technology in special education has generated debates regarding its potential benefits and drawbacks.

The increased use of assistive technology and online learning platforms has prompted discussions about accessibility and the effectiveness of these tools in meeting individual learning needs.

Inclusion Vs. Segregation Study

In the ever-evolving landscape of special education, a heated and persistent debate revolves around the most effective approach for educating students with disabilities.

This profound discussion centers on the dichotomy between inclusive classrooms and specialized settings, each with its own set of proponents and arguments.

Inclusive Classrooms

• Equality and Diversity: Advocates for inclusive education passionately assert that diversity within the classroom is not only a strength but also a reflection of society’s values. Inclusion champions equality, ensuring that students of all abilities share the same learning space.
• Social Integration: A core tenet of inclusion is the belief that students with disabilities benefit from interacting with their typically developing peers. Proponents argue that this social integration can lead to improved social skills and a sense of belonging.
• Legal Mandates: In many countries, laws and regulations mandate inclusive education. These legal frameworks are seen as essential in upholding the principle of equal access to education for all students, regardless of their abilities.

Specialized Settings

Tailored support.

Advocates of specialized settings contend that these environments can offer a higher level of tailored support for students with complex needs. The argument is that such settings can better address the specific challenges that certain students face.

Reduced Distractions

It is posited that specialized settings can provide a less distracting learning environment, particularly beneficial for students with sensory sensitivities or attention-related issues.

Individualized Education

In specialized settings, individualized education plans (IEPs) can be meticulously crafted to cater to the unique and specific requirements of each student. This individualized approach is perceived as crucial for meeting the diverse learning needs within the special education spectrum.

Restraints And Seclusion In Special Education

In the realm of special education, the subject of utilizing restraints and seclusion techniques for managing challenging behaviors has stirred significant controversy and raised ethical and safety concerns that warrant a thorough examination.

This multifaceted issue compels us to delve deeper into the intricate web of implications surrounding the practice.

Ethical Considerations

• Dignity and Respect: Critics vehemently argue that the application of restraints and seclusion can potentially infringe upon a student’s inherent dignity and respect. Subjecting a student to such measures may be seen as degrading and inhumane, causing emotional and psychological harm.
• Autonomy and Consent: A central ethical concern revolves around the question of autonomy and informed consent. When these techniques are employed, students may have limited agency and input in the decision-making process, leading to questions about their rights and personal autonomy within the educational context.
• Potential for Trauma: There exists a compelling concern regarding the potential for trauma. Encounters with restraints and seclusion can be profoundly distressing for students, potentially resulting in long-term psychological and emotional consequences.

Safety Considerations

• Physical Safety: While restraints and seclusion may be implemented with the intention of maintaining physical safety, there are inherent risks involved. Misapplication or excessive use of these techniques can lead to physical harm, not only for the students but also for the staff responsible for their implementation.
• Staff Training: The effective and safe use of restraints and seclusion hinges on the competence and preparedness of staff members. Inadequate training can lead to unintended consequences, including accidents or incidents that escalate rather than resolve.
• Legal Implications: Many regions have established legal regulations governing the use of restraints and seclusion in educational settings. Failure to adhere to these regulations can carry legal consequences for educational institutions, further emphasizing the gravity of the matter.

Balancing the imperative of maintaining safety within special education settings with the ethical quandaries surrounding restraints and seclusion remains an intricate and contentious undertaking.

Ongoing dialogue, rigorous examination, and a commitment to finding alternative, less intrusive strategies are vital components of addressing the complex ethical and safety considerations inherent to these practices.

Psychotropic Medications In Educational Settings

In the realm of special education, the use of psychotropic medications to address behavioral and emotional challenges in students has emerged as a topic of intense debate, sparking concerns and ethical dilemmas.

This complex issue warrants a comprehensive exploration, delving into the various dimensions of the controversies surrounding the administration of psychotropic medications in educational settings.

Overreliance On Medication

One of the prominent controversies centers on the perception of an overreliance on psychotropic medications as a convenient and expedient solution for managing behavioral issues in students.

Critics argue that this approach may overshadow the significance of identifying and addressing underlying psychological, emotional, or environmental factors contributing to a student’s challenges.

Long-Term Effects And Developmental Considerations

A paramount concern pertains to the potential long-term effects of psychotropic medications, particularly when administered to children and adolescents.

The use of these medications in developing brains has raised questions about their safety, potential side effects, and the impact on a student’s overall cognitive and emotional development.

Informed Consent And Ethical Complexities

The administration of psychotropic medications in special education often involves minors, introducing a complex ethical dimension.

Questions arise regarding informed consent when parents or legal guardians make decisions on behalf of students who may not possess the capacity to fully understand the implications of medication.

Ethical concerns also extend to the student’s autonomy and the potential for coercion in medication decisions.

Exploring Alternatives To Medication

Advocates for alternative approaches emphasize the need to prioritize non-pharmacological strategies for managing behavioral and emotional challenges.

These alternatives may include behavioral interventions, counseling, therapy, and environmental modifications.

Proponents argue that exploring these avenues before resorting to medication is crucial for understanding the underlying causes of the student’s difficulties.

Stigmatization And Social Implications

The use of psychotropic medications can carry a stigma, potentially resulting in labeling and discrimination against students.

This stigma may have a profound impact on the student’s self-esteem and social integration within the educational environment. The fear of being labeled as “medicated” can deter students from seeking help or disclosing their struggles.

Lack Of Standardization And Consistency

Critics of the current practices in prescribing psychotropic medications for students with special needs point to a lack of standardized guidelines within the field of special education.

The absence of clear protocols raises concerns about inconsistencies in practice, the potential for misdiagnoses, and variations in the quality of care received by students across different educational settings.

Funding And Resource Allocation  

The allocation of funding and resources within the realm of special education is a complex and often contentious issue. In this discussion, we will delve into the challenges and considerations that surround this crucial aspect of providing quality education to students with special needs.

Limited Funding Sources

• Insufficient Funding: One of the primary challenges in special education is the chronic issue of insufficient funding. Special education programs often require additional resources and support, but they frequently operate with constrained budgets.
• Dependence on Public Funding: Many special education programs heavily rely on public funding, which can be inconsistent and subject to budget cuts during economic downturns. This reliance on public funds poses a vulnerability to the stability of these programs.

Resource Allocation Dilemmas

• Equitable Distribution: Ensuring equitable resource distribution among students with diverse needs is a significant challenge. Schools must allocate resources based on the unique requirements of each student, which can be logistically and ethically complex.
• Balancing Inclusion and Specialization: Striking the right balance between inclusive education in mainstream classrooms and specialized settings can be challenging. Decisions about resource allocation must consider the best approach for each student’s individual development.

Personnel And Training

• Shortage of Qualified Personnel: A critical challenge in special education is the shortage of qualified teachers and support staff. The demand for skilled professionals often exceeds the available workforce.
• Ongoing Training Needs: Effective resource allocation should also address the ongoing training needs of educators and support staff. Keeping them updated with the latest methodologies and strategies is essential for delivering quality special education services.

Legal And Ethical Considerations

• Legal Mandates: Legal requirements, such as the Individuals with Disabilities Education Act (IDEA), dictate that students with disabilities receive a free and appropriate public education. Compliance with these mandates can place additional financial pressures on schools and districts.
• Ethical Responsibilities: Ethical considerations come into play when resource allocation decisions impact students’ access to quality education. Ensuring that all students have an equal opportunity to succeed is a moral obligation.

Parental Involvement And Advocacy

• Parental Advocacy: Parental involvement and advocacy play a pivotal role in securing resources for their children. Parents often have to navigate complex bureaucracies and advocate for the services their children require.
• Disparities: Disparities in advocacy and resources can exist, with well-informed and empowered parents potentially having an advantage in securing necessary support.

Teacher Shortage And Qualification

The shortage of qualified special education teachers has significant implications for both students with special needs and the education system as a whole. In this detailed examination, we will explore the multifaceted impact of this critical issue.

Limited Access To Quality Education

• Resource Constraints: The shortage of qualified special education teachers often results in larger class sizes and reduced individualized attention for students with disabilities. This can hinder the quality of education they receive.
• Uneven Distribution: Teacher shortages are not uniform across regions, leading to disparities in access to specialized educators. Rural and underserved areas are often hit hardest by this issue.

Increased Workload And Burnout

• Heavy Workload: The shortage of special education teachers places an immense workload on the existing educators, who are often required to manage caseloads far larger than recommended.
• Emotional Toll: The emotional demands of teaching students with disabilities, coupled with the pressure of addressing diverse needs, can lead to high levels of burnout among educators.

Inadequate Support For Diverse Needs

• Complex Needs: Students with disabilities often have complex needs that demand specialized expertise. The shortage of qualified teachers can result in students not receiving the specific support they require.
• Inclusion Challenges: The push for inclusive education is further complicated when there aren’t enough trained teachers to support students with disabilities effectively in mainstream classrooms.

Impact On Student Outcomes

• Academic Achievement: Research indicates that students with disabilities achieve better outcomes when taught by qualified special education teachers. The shortage can compromise their academic progress.
• Social and Emotional Development: Specialized educators play a crucial role in fostering social and emotional development in students with disabilities. The shortage can limit opportunities for these students to develop these essential skills.

Budgetary And Administrative Strain

• Hiring Difficulties: Schools and districts often face challenges in recruiting and retaining qualified special education teachers. The recruitment process can be costly and time-consuming.
• Financial Impact: The shortage can result in higher salaries and incentives to attract and retain qualified teachers, straining already tight education budgets.

Increased Reliance On Paraprofessionals

• Use of Paraprofessionals: To cope with the shortage, schools may rely more on paraprofessionals who may not have the same level of training and qualifications as certified special education teachers.
• Quality Concerns: While paraprofessionals provide valuable support, their use as primary instructors can raise concerns about the quality of education provided to students with disabilities.

Continual Policy and Advocacy Efforts

• Policy Reforms: Addressing the shortage of qualified special education teachers requires sustained policy efforts to attract individuals into the field, improve teacher preparation programs, and offer incentives for educators to work in underserved areas.
• Advocacy Initiatives: Special education advocacy groups play a crucial role in raising awareness of the teacher shortage issue and advocating for solutions at the local, state, and national levels.

Legislation And Compliance In Special Education

The Individuals with Disabilities Education Act (IDEA) has played a pivotal role in shaping the landscape of special education in the United States.

In this analysis, we will explore the historical development and key amendments of IDEA, highlighting its profound impact on special education.

Origins And Historical Context

• Education for All Handicapped Children Act (1975): IDEA’s precursor, the Education for All Handicapped Children Act, was enacted in 1975. It was a landmark law that mandated a free and appropriate public education (FAPE) for all students with disabilities.
• Closing Educational Gaps: This legislation aimed to address the educational disparities faced by children with disabilities, ensuring they had access to the same educational opportunities as their peers without disabilities.

IDEA 1990: A Pivotal Amendment

• Renaming and Expansion: IDEA underwent a significant transformation in 1990 when it was renamed the Individuals with Disabilities Education Act. This amendment expanded the scope of services and protections for students with disabilities.
• Inclusion Mandate: IDEA 1990 introduced the concept of inclusive education, emphasizing the importance of educating students with disabilities in the least restrictive environment alongside their non-disabled peers.

IDEA 1997: Greater Parental Involvement

• Parental Participation: The 1997 amendments to IDEA further strengthened the role of parents in the decision-making process regarding their child’s special education services. It emphasized collaboration between parents and educators.
• Individualized Education Plans (IEPs): IDEA 1997 emphasized the development of Individualized Education Plans (IEPs) as a cornerstone of special education, ensuring that each student’s unique needs and goals were addressed.

IDEA 2004: A Comprehensive Overhaul

• Accountability and Assessment: The 2004 reauthorization of IDEA placed a stronger emphasis on accountability in special education. It introduced measures for assessing and improving educational outcomes for students with disabilities.
• Highly Qualified Teachers: IDEA 2004 required that special education teachers be highly qualified, ensuring that educators possessed the necessary skills and expertise to meet the diverse needs of students with disabilities.

Key Components Of IDEA

• Free and Appropriate Public Education (FAPE): IDEA guarantees all eligible students with disabilities access to a free and appropriate public education, tailored to their individual needs.
• Least Restrictive Environment (LRE): IDEA emphasizes the placement of students in the least restrictive environment where they can succeed, promoting inclusive education whenever possible.
• Procedural Safeguards: The law provides parents and students with certain procedural safeguards, such as due process rights and the right to dispute decisions regarding special education services.

Ongoing Impact And Challenges

• Improved Outcomes: IDEA has significantly improved educational outcomes for students with disabilities, increasing graduation rates and access to post-secondary education and employment opportunities.
• Funding and Compliance Challenges: Despite its successes, IDEA has faced challenges related to funding shortages and compliance issues. Meeting the law’s requirements can be resource-intensive for schools and districts.

The controversial issues within the realm of special education , including debates over inclusion versus segregation, the use of restraints and seclusion, psychotropic medication administration, funding and resource allocation, teacher shortages, and the evolving Individuals with Disabilities Education Act (IDEA), are deeply complex and multifaceted.

These challenges demand informed, compassionate, and holistic responses from educators, policymakers, parents, and advocates alike.

While these issues may present formidable hurdles, they also offer opportunities for innovation, collaboration, and progress in the field of special education.

By engaging in open dialogue, advocating for policy reforms, and embracing evidence-based practices, we can work collectively to advance the cause of equitable and inclusive education for all, ultimately improving the lives and futures of students with disabilities.

Frequently Asked Questions

Why is there a shortage of qualified special education teachers.

The shortage is due to factors such as high demands, limited teacher preparation programs, and challenges in recruiting and retaining educators.

How has the Individuals With Disabilities Education Act (IDEA) evolved over time?

IDEA has evolved through amendments to expand services, enhance parental involvement, and increase accountability in special education.

What Are Some Key Ethical Concerns?

Ethical concerns include issues related to student dignity, autonomy, and the potential for emotional trauma.

What Is The Significance Of The Least Restrictive Environment (LRE)?

LRE emphasizes placing students in the educational setting that is least restrictive and most appropriate for their individual needs.

How Does The Shortage Of Qualified Special Education Teachers Affect Students?

It can lead to larger class sizes, reduced individualized attention, and disparities in access to specialized educators, impacting the quality of education for students with disabilities.

https://www.jdsupra.com/legalnews/top-10-special-education-issues-for-the-8352586

https://orilearning.com/special-education-problems-we-are-not-solving

https://web.teachtown.com/blog/special-education-challenges

https://www.twinkl.com/blog/issues-in-special-education

https://medium.com/in-fitness-and-in-health/the-challenges-with-special-education-c2afe9a0ae20

https://files.eric.ed.gov/fulltext/EJ1296259.pdf

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Controversial Issues in Special Education Today

One of the most controversial issues is the inclusion of students with disabilities in mainstream classrooms. Proponents of inclusion believe that all students benefit from being exposed to diverse perspectives and that students with disabilities should be given the opportunity to learn alongside their peers. Another controversial issue in special education is the use of restraints and seclusion. These methods are sometimes used when students exhibit violent or disruptive behavior, but some experts believe that they can do more harm than good. These are just two of the many controversial issues facing special education today. As more research is conducted and new technologies are developed, it is likely that even more debates will arise about what is best for students with disabilities

Credit: www.routledge.com

Current Issues And Trends in Special Education

There are a few current issues and trends in special education that are worth mentioning. First, there is an increasing trend of students with disabilities being included in general education classrooms. This is a positive trend because it allows these students to be exposed to the same curriculum as their peers and receive the support they need in order to succeed. Additionally, there is a growing trend of using technology in the classroom to support students with disabilities. This can include things like iPads or other tablet devices, assistive technologies, and even virtual reality simulations. All of these tools can help provide students with the individualized instruction and support they need to excel academically. Finally, another current issue facing special education is the implementation of the Common Core State Standards (CCSS). The CCSS are a set of standards that all schools must adhere to in order to ensure that students are receiving a well-rounded education. Many special educators have concerns about how these standards will impact their students and whether or not they will be able to meet them. However, overall, the CCSS should provide more clarity and guidance for teaching special education, which will ultimately benefit all involved.

What are Some Controversial Issues in Special Education?

There are a number of controversial issues in special education. One of the most controversial is the use of restraints and seclusion. Restraints are any physical or mechanical devices that restrict a student’s freedom of movement. Seclusion is the involuntary confinement of a student in a room or area from which they cannot exit. Both restraints and seclusion can have serious negative consequences, including physical and psychological harm. There have been numerous reports of students being injured while restrained, and some have even died. The use of restraints and seclusion is often viewed as a last resort, to be used only when all other behavior interventions have failed. However, there are still many cases where these techniques are used without exhausting all other options first. Another controversial issue in special education is the use of psychotropic medications. These are drugs that affect mood, thinking, and behavior. They are often prescribed to treat psychiatric disorders such as depression, anxiety, and ADHD. While psychotropic medications can be helpful for some students with disabilities, there are also risks associated with their use. These include potential side effects such as weight gain, sleepiness, and gastrointestinal problems. Some parents worry that their children may become dependent on these medications or that they will be used as a way to control rather than help their child’s symptoms.

What are the Three Most Important Challenges Facing Special Education Today?

The three most important challenges facing special education today are a lack of funding, a shortage of qualified teachers, and a lack of resources.

1. Lack of Funding. One of the biggest challenges facing special education is a lack of funding. Many school districts are struggling to provide adequate resources and support for students with disabilities. In some cases, schools are even cutting back on special education services due to budget constraints. This can have a devastating impact on students, who may not receive the necessary support and accommodations they need to succeed in school. 2. Shortage of Qualified. Teachers Another challenge facing special education is a shortage of qualified teachers. Many states have difficulty finding enough certified special education teachers to meet the needs of students with disabilities. As a result, classrooms may be overcrowded, and students may not receive the individualized attention they need. In addition, some teachers may not be properly trained to work with children with disabilities, which can further impede student learning.

3. Lack of Resources . Finally, another significant challenge facing special education is a lack of resources. Many schools do not have enough books or materials specifically designed for children with disabilities. In addition, there may not be enough assistive technology or other specialized equipment available to meet all students’ needs.

The truth about special education | Suzanne Carrington | TEDxYouth@GrahamSt

Current Issues in Special Education 2023

The Individuals with Disabilities Education Act (IDEA) is the federal law that governs the provision of special education and related services to students with disabilities. The IDEA was first enacted in 1975, and has been amended several times since then, most recently in 2004. The IDEA requires that states provide a free appropriate public education (FAPE) to all students with disabilities between the ages of 3 and 21. FAPE must be provided in the least restrictive environment (LRE), meaning that students should be educated with their non-disabled peers to the maximum extent possible. Under the IDEA, special education is defined as “specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability…” This includes instruction that is tailored to meet the individual student’s needs and goals, as well as related services such as speech therapy or occupational therapy. There are four main types of disabilities covered by the IDEA: intellectual disability, hearing impairment (including deafness), orthopedic impairment, and visual impairment (including blindness). In order for a student to be eligible for special education services under the IDEA, they must have one of these qualifying disabilities and also need specially designed instruction in order to make progress in school.

In recent years, there have been a number of controversial issues in special education. One of the most hotly debated topics is the use of restraint and seclusion in schools. Another controversial issue is the inclusion of students with disabilities in general education classrooms. There are pros and cons to both sides of these issues, and it can be difficult to know what is best for students with disabilities. Ultimately, it is up to each individual school district to decide how to handle these controversial issues.

Dwight Hughes Sr

I am Dwight Hughes Sr., your specialist in Special Education and Preschooler topics at EduEdify.com. Holding a PhD in Early Childhood Education, I bring a depth of knowledge and experience to guide parents and educators in nurturing the younger minds. My mission is to share evidence-based insights, cultivated from years of academic and field research, to help every child flourish during their formative years.

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What is Special Education?

Author: University of North Dakota April 23, 2024

Throughout history, students with learning needs not only faced challenges in having their needs properly identified, but their educational requirements were often inadequately addressed within the general education system.

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However, significant strides have been made to rectify this situation, mainly through the Individuals with Disabilities Education Act (IDEA). This legislation aims to ensure that students with learning needs can access and benefit from specialized education services. 

To better understand this area of education, we'll explore key questions like "What is special education?" as well as examine the process students undergo to qualify for special education services. So, read on and uncover the importance of special education in fostering inclusive learning environments for all students.

Understanding the Basics

Let us start by discussing the fundamental aspects of special education. By exploring these crucial elements, we aim to provide a clear understanding of how special education can support students with unique needs.

Special education refers to tailored instructional programs and support services for students with disabilities or special needs. It encompasses a range of interventions and accommodations designed to meet each student's individualized learning requirements.

The primary purpose of special education is to address the challenges and barriers faced by students with disabilities and ensure their access to a quality education that aligns with their abilities and learning styles. Through specially designed instruction and support, special education aims to empower students with the tools and resources needed to succeed academically, develop essential skills, and achieve their full potential despite their disabilities.

Why is Special Education Important?

Special education is essential to promoting equity and inclusivity within educational systems. By offering specialized instruction, interventions, and support services tailored to the learning needs of each student with disabilities, special education ensures that every individual has equal access to educational opportunities. Additionally, it plays a vital role in facilitating such students' academic and social development, empowering them to reach their full potential and participate meaningfully in school and community life.

Where is Special Education Provided?

Special education services are provided in various settings, with public schools being a prevalent option. Here, students benefit from specialized instruction and support customized to suit their individualized education programs. Inclusive classrooms integrate students with disabilities into general education settings alongside their peers, allowing them to participate in academic and social activities while receiving necessary accommodations and support.

Specialized schools dedicated exclusively to serving students with disabilities also offer special education services. These schools may offer a more intensive level of support and focus on specific disabilities or learning needs, providing a structured and supportive environment for students to thrive. Additionally, special education services may be delivered in alternative settings, such as resource rooms or learning centers within public schools, where students receive targeted interventions and support from special education teachers and staff. 

Who Receives Special Education Services?

Special education services are available to children who meet the criteria outlined by the IDEA. According to the act, they must be identified as having a disability falling under one or more of the following 13 categories :

• Autism: A developmental disability affecting communication, social interaction, and sensory processing
• Deaf-blindness: Simultaneous hearing and visual impairments leading to severe communication and developmental needs
• Deafness: Severe hearing impairment affecting linguistic information processing
• Emotional disturbance: Long-term and marked difficulties in learning, interpersonal relationships, behavior, or mood
• Hearing impairment: Impairment in hearing that affects educational performance but doesn't meet the criteria for deafness
• Intellectual disabilities: Below-average general intellectual functioning with deficits in adaptive behavior
• Multiple disabilities: Concomitant impairments causing severe educational needs
• Orthopedic impairment: Severe orthopedic impairment affecting educational performance
• Other health impairment: Chronic or acute health problems affecting alertness and educational performance
• Specific learning disability: Disorders in basic psychological processes affecting language, reading, writing, or math
• Speech or language impairment: Communication disorders adversely affecting educational performance
• Traumatic brain injury: Acquired brain injury causing functional disability or impairment
• Visual impairment including blindness: Vision impairment affecting educational performance, including partial sight or blindness

Analyzing the Special Education Process: A Step-by-Step Guide

Students must undergo a comprehensive process to determine their eligibility for special education services, confirm their specific needs, and ensure they receive appropriate support. Below, we'll cover the step-by-step process, from identifying their needs to reviewing their progress. Understanding these steps is crucial for parents, educators, and others who support students with special needs.

1. Identification and Referral

The first step in the special education process is identifying and referring students who may require special education services. This process often begins with teachers observing students experiencing difficulties in the classroom, such as attention, behavior, or academic performance. 

Initially, teachers may work with students individually and modify instructional strategies to address their needs. However, if these interventions fail to yield positive results, the teacher is obliged to involve the student's parents or guardians in conversations regarding the challenges their child is facing. Additionally, schools must acquire consent from the student's parent or legal guardian before conducting any assessments or providing special education services.

2. Evaluation and Assessment

Evaluating and assessing students' needs to determine their eligibility for special education services involves various evaluations to gather comprehensive information about their abilities, challenges, and requirements. These evaluations are conducted by a team of professionals, which may include educators, psychologists, speech-language pathologists, and other specialists. The types of evaluations typically completed during this process include:

• Speech-only evaluation: Focusing specifically on assessing speech-language abilities and communication skills
• Speech/language evaluation: Assessing both speech and language abilities, including articulation, fluency, comprehension, and expression
• Teacher narrative or observation: Gathering information from teachers regarding the student's academic performance, behavior, and learning needs through written narratives or direct observations in the classroom
• Full study evaluation: Comprehensive assessment covering various aspects of the student's development, including cognitive, academic, behavioral, and social-emotional functioning
• Socio-cultural evaluation: Examining the influence of cultural and social factors on the student's learning and development
• Psychological evaluation: Assessing cognitive abilities, emotional functioning, and psychological factors that may impact the student's educational performance
• Educational evaluation: Focusing on academic skills, learning style, and educational needs to determine the level of academic support required
• Parent narrative: Obtaining information from parents or guardians about their observations, concerns, and experiences related to their child's development and learning
• Medical evaluation: Conducted by medical professionals to assess any physical or medical conditions that may impact the student's educational needs
• Other evaluations, as needed: Additional assessments may be conducted based on the individual needs of the student, such as adaptive behavior assessments or assistive technology evaluations.

3. Eligibility Determination

Determining eligibility for special education services requires a thorough review of the evaluation results and compliance with legal requirements outlined in the IDEA. Once the evaluation process is completed, the school will conduct a comprehensive assessment of the student's strengths, weaknesses, and overall needs. This assessment considers input from parents or guardians, teachers, specialists, and other relevant individuals involved in the student's education.

The eligibility determination hinges on two key questions: whether the student has a disability and whether that disability adversely affects their academic and functional performance to the extent that they require special education services. If both questions are answered affirmatively, the student is officially deemed eligible for special education services.

4. Individualized Education Program (IEP) Development

Once a student is considered eligible for special education services, the IEP development process begins. The IEP team, comprising educators, specialists, parents or guardians, and the student (when appropriate), collaborates to identify the student's academic and functional needs based on the evaluation results. 

In order to meet the needs of the student and make progress, the IEP team sets measurable goals each year. They decide on the services and support the student requires and mention the education professionals responsible for providing them. The team also outlines the frequency and duration of the services and the settings where they will occur, known as placement.

5. Monitoring and Review

Lastly, monitoring student progress and periodic IEP reviews are needed. Regular monitoring helps educators and support staff track the student's academic and functional development, ensuring that the goals outlined in the IEP are being met effectively. 

Through ongoing assessment and observation, educators can identify any challenges or areas where additional support may be required. Periodic reviews of the IEP provide opportunities to assess the effectiveness of the current strategies and make any necessary adjustments.

Essential Skills Needed for Special Education Graduates

Becoming a special education teacher requires a range of skills and abilities to support students with disabilities effectively. These include:

• Ability to communicate well with students, parents, and colleagues
• Patience and compassion 
• Knowledge of specialized instructional strategies
• Adaptability to different situations and student needs
• Collaboration skills
• Familiarity with assistive technology
• Emotional intelligence
• Cultural sensitivity
• Time management skills

Special education and its dedicated educators play an invaluable role in ensuring that every student, regardless of their abilities or challenges, receives the support they need to thrive academically and socially. These teachers embody the spirit of inclusivity, championing diversity and equity in education. Through their efforts, special education fosters a culture of inclusivity where every student is valued and empowered to fulfill their dreams.

What does "special" stand for in education? ( Open this section)

"Special" in education refers to tailored or individualized instruction and support provided to students with disabilities or exceptionalities.

How do you identify children with special needs? ( Open this section)

Children with special needs are identified through a process involving evaluations, assessments, and observations to determine whether they require specialized educational services.

What are the most common special educational needs? ( Open this section)

Some of the most common special educational needs include learning disabilities, speech and language impairments, autism spectrum disorders, and attention-deficit/hyperactivity disorder (ADHD).

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• Open access
• Published: 17 April 2024

Students with special educational needs in regular classrooms and their peer effects on learning achievement

• V. B. Salas García   ORCID: orcid.org/0000-0001-7568-3879 1 &
• José María Rentería   ORCID: orcid.org/0000-0001-6486-0032 2  

Humanities and Social Sciences Communications volume  11 , Article number:  521 ( 2024 ) Cite this article

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• Development studies

This study explores the impact of inclusive education on the educational outcomes of students without Special Educational Needs (non-SEN) in Peru, utilizing official Ministry of Education data and implementing cross-sectional regression analyses. Inclusive education is a complex issue that, without appropriate adaptations and comprehensive understanding, can present substantial challenges to the educational community. While prior research from developed nations offers diverse perspectives on the effects of inclusive education on non-SEN students, limited evidence exists regarding its impact in developing countries. Our study addresses this gap by examining inclusive education in Peru and its influence on non-SEN students, thereby contributing to the existing literature. Our findings reveal that, on average, the presence of SEN students in regular classrooms does not significantly affect their non-SEN counterparts. However, we uncover heterogeneous results contingent on the specific type of SEN and students’ academic placement. These results emphasize the importance of targeted resources and parental involvement in facilitating successful inclusive education, particularly for specific SEN types. In summary, this study underscores the need for tailored strategies and additional resources to foster the success of inclusive education and calls for further research in this field to expand our understanding and enhance educational policy.

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Introduction.

Inclusive education has become a significant policy for improving access to and the quality of education for children with special educational needs (SEN), who often encounter physical and social barriers hindering their access to education and entry into the labor market, which in turn is detrimental to the economic and social progress of a country (Filmer, 2008 ; Mitra and Sambamoorthi, 2008 ). Thus, the United Nations has declared “inclusive and equitable quality education” as the fourth 2030 Sustainable Development Goal, which aims to reduce the disability gap in education. Likewise, there exist international declarations like the Salamanca Statement in 1994 (UNESCO, 1994 ) or the Declaration of the Decade of the Americas for the Rights and Dignity of Persons with Disabilities 2016–2026 (OAS, 2018 ) that incorporate the principle of inclusive education to guarantee education for all.

There are different education approaches Footnote 1 to ensure education for children with SEN, but the inclusive approach, unlike others, promotes equal participation of SEN students in regular schools by attending classes alongside same-aged non-SEN students (Dixon, 2005 ). Inclusive education goes beyond the placement of pupils; it refers to a unified system that receives all students regardless of their abilities or disabilities (Dixon, 2005 ). Under the inclusive approach, governments and schools should provide the means (i.e., physical and human resources) to reduce or eliminate physical, academic, and social hurdles faced by SEN students within regular schools (Dixon, 2005 ). Thus, inclusive education aims for social cohesion and a less discriminatory education approach that helps enhance the human capital acquisition of children with SEN (Kiuppis, 2014 ).

Despite the efforts for an inclusive education agenda worldwide, children with SEN remain behind in education indicators such as years of education, school attendance, or academic achievement (Filmer, 2008 ; Rangvid, 2022 ). This raises concerns about the impact that placement of children with SEN in regular schools may have on the educational achievement of children without SEN since these children are also involved in the inclusive education system (Rangvid, 2019 ; Ruijs and Peetsma, 2009 ). In Peru, for instance, some teachers in regular schools as well as some leaders of deaf organizations, do not support inclusive education as they think it is detrimental for both SEN and non-SEN students (Goico, 2019 ; Peruvian Ombudsman, 2019 ). Nevertheless, there is little empirical literature focused on the effects of inclusive education not only on SEN students but also on non-SEN students, especially in developing countries that shelter a high percentage of people with disabilities (Olusanya et al., 2022 ). This paper, therefore, aims to fill that gap by using information from a developing country, namely Peru. It investigates the impact of inclusive education, quantified through the presence of students with SEN in regular classrooms, on the academic performance of their non-SEN counterparts. Analyzing the peer effects of inclusive education is of utmost interest for policymakers aiming to increase the presence of SEN students in regular schools, as policy implications should consider the effects on all children.

The present work provides three main contributions to the existing literature regarding peer effects in the context of inclusive education. First, we provide new evidence using unusual and rich data from a middle-income country. To our knowledge, there is only one study focusing on a developing country. Indeed, Contreras et al. ( 2020 ) analyze the Chilean case and find that placement of children with SEN in regular classrooms negatively affects the standardized test scores in mathematics and reading of their non-SEN peers, but it is neutralized when schools receive additional resources and specialized professionals. Nevertheless, Contreras et al. ( 2020 ) use panel data for students attending primary schools in two periods, 2007 and 2011, without including types of SEN. In contrast, we study children attending primary and secondary schools using cross-section data between 2011 and 2019 and disaggregate our analysis by types of SEN Footnote 2 .

Our second contribution is to disaggregate our analysis by type of SEN. We are aware of two studies that use an overall indicator to reflect the presence of SEN students and disaggregate it by type of SEN. On one hand, Hanushek et al. ( 2002 ) examine two types of special educational needs: learning or emotional and speech; while, Ruijs ( 2017 ) examines four types: visual, hearing, physical or intellectual, and behavioral. In our case, besides evaluating the consequences of placing children with mobility, vision, hearing, and intellectual or learning disabilities in a regular classroom, we also evaluate the repercussions of placing children with autistic spectrum disorder in a regular classroom, which is a much less studied topic.

Finally, our third contribution is to explore the heterogeneous results of inclusive education on the non-SEN student population. Unlike previous studies, we explore the potential different impact of inclusive education between male and female non-SEN students. As most reproductive work has traditionally been done by women (cf. Razavi, 2012 ), it could be argued that female non-SEN students are more likely to take care of or help SEN students, which in turn may influence their educational achievement. Our heterogeneity analysis also takes into account school characteristics like classroom size as well as mother’s characteristics.

In our analysis, we take significant steps to mitigate potential biases stemming from endogenous classroom selection and the sorting of SEN students. We achieve this by focusing on schools with one class per grade level, which provides a more controlled setting for our study. Moreover, our dataset allows us to identify the class composition, which is vital for investigating educational peer effects. The classroom environment is particularly relevant, as classmates have a substantial impact on each other’s educational outcomes, given their shared classroom experience throughout the school day (Balestra et al., 2022 ; Burke and Sass, 2013 ; Lazear, 2001 ).

Our findings suggest that the inclusion of students with SEN in regular classrooms, on average, exerts a neutral influence on their non-SEN peers. A nuanced examination reveals varied results contingent upon the specific categories of SEN. This variability is consistent with the fact that SEN encompasses a broad spectrum of support requirements arising from diverse degrees and types of individual abilities, spanning physical, psychological, cognitive, and sensory domains. Hence, the influence of inclusive education would vary according to the distinct profile of the SEN student integrated into a conventional classroom setting. Furthermore, our results underscore the importance of accounting for temporal dynamics and the particular educational phase in gauging the impact of SEN students on their non-SEN counterparts. This observation aligns with the differential results discerned across academic grades.

The rest of the paper is organized as follows. The literature review and institutional setting are presented in the next section, followed by a description of the data and empirical strategy. After that, we discuss our results, and finally, we conclude.

This section starts with a brief literature review and then describes the main features of the Peruvian educational system as well as its public policy approach to inclusive education.

Literature review

The inclusion of students with SEN in regular schools remains a subject of debate due to the mixed findings within the empirical literature. Proponents of inclusive education argue that attending regular schools is not only a fundamental human right for children with SEN (Ainscow and César, 2006 ; Rangvid, 2022 ; Ruijs and Peetsma, 2009 ) but can also yield benefits for non-SEN students, particularly in terms of their learning development. This is attributed to the additional resources allocated to inclusive education (Keslair et al., 2012 ; Ruijs, 2017 ). Besides, inclusive education may help children without SEN to develop soft skills like kindness, tolerance, and patience, which are important to living in a diverse society (Contreras et al., 2020 ; Dixon, 2005 ). On the other hand, the main concerns regarding inclusive education are related to negative peer effects. The literature on class composition states that students’ performance is influenced by their peers’ characteristics (Ammermueller and Pischke, 2009 ; Burke and Sass, 2013 ; Lavy et al., 2012 ). Since children with SEN may require more teaching attention and show disruptive behaviors (Ahmed et al., 2021 ; Contreras et al., 2020 ; Rangvid, 2019 ; Ruijs, 2017 ), they could be considered “bad” students who could interfere with the educational development of their classmates without SEN (Lavy et al., 2012 ; Lazear, 2001 ), especially for those who are at the bottom of the ability distribution (Balestra et al., 2022 ; Lavy et al., 2012 ).

The quantitative studies that examine the peer effects of inclusive education mainly use data from developed countries. Most of them have found that inclusive education has a negative or null effect on non-SEN students’ outcomes. For instance, using data from Switzerland, Balestra et al. ( 2022 ) find that placing SEN students in regular classrooms harms not only educational outcomes but also labor market outcomes for non-SEN students. Similarly, studies from the United States (Fletcher, 2010 ) and Denmark (Kristoffersen et al., 2015 ; Rangvid, 2019 ) show that exposure to SEN students decreases reading test scores of non-SEN students. Also, for the United States, Gottfried ( 2014 ) and Gottfried et al. ( 2016 ) present evidence that inclusive education worsens the non-cognitive skills of non-SEN students. Fletcher ( 2010 ), however, points out that the negative effect of inclusive education in the United States disappears for reading when their lagged scores are considered in the analysis. Likewise, studies for Canada (Friesen et al., 2010 ), England (Keslair et al., 2012 ), and the Netherlands (Ruijs, 2017 ) also find that the presence of SEN students does not affect the academic performance of their non-SEN peers; but they point out that this result may be due to additional resources received by regular schools with SEN students. Conversely, other studies have found positive externalities of SEN students on the educational achievement of their non-SEN peers. For instance, Cole et al. ( 2004 ) point out that non-SEN students in the United States perform better at reading and mathematics tests since they may benefit from the additional resources allocated to inclusive education. Likewise, Hanushek et al. ( 2002 ) find that non-SEN students attending inclusive classrooms in the United States improve their mathematics test scores. Using data from the same country, Gottfried and McGene ( 2013 ) go beyond by showing that having a sibling with SEN helps to improve the schooling achievement of those siblings without SEN.

Several meta-analyses and systematic reviews have examined the effects of inclusive education on students with and without SEN. The coincidences lie in the varied impacts of inclusive education on non-SEN students, demonstrating a nuanced and context-dependent picture. While Dell’Anna et al. ( 2021 ) hint at positive peer attitudes in inclusive settings, the academic outcomes and the experience of non-SEN students diverge, with high achievers potentially benefiting more than low achievers (Ruijs and Peetsma, 2009 ). Kart and Kart ( 2021 ) and Szumski et al. ( 2017 ) contribute to the discussion, highlighting mixed academic effects across different grade levels. The meta-analyses by Oh-Young and Filler ( 2015 ) and Krämer et al. ( 2021 ) emphasize the overall positive impact of inclusive settings for students with SEN while still acknowledging variations in outcomes. Finally, Van Mieghem et al. ( 2020 ) emphasize the pivotal role of teacher professional development in the successful implementation of inclusive education.

Finally, it is worth mentioning that the conflicting results found in the literature may be explained by the differences in the criteria used to identify a SEN student. Most of the previous studies have used an aggregated measure to encompass all SEN students without considering the types of SEN (e.g., Contreras et al., 2020 ; Rangvid, 2019 ). On the other hand, some studies have focused on one or two types of special needs; such as emotional disturbances and mental disabilities (e.g., Cole et al., 2004 ; Fletcher, 2010 ; Hanushek et al., 2002 ; Kristoffersen et al., 2015 ), or learning and behavioral disabilities (e.g., Cole et al., 2004 ; Friesen et al., 2010 ; Hanushek et al., 2002 ). The present paper addresses these limitations found in the literature by taking into account different types of SEN and also by exploring the potential heterogeneous results of inclusive education for non-SEN students.

Institutional setting: The educational system in Peru

Primary and secondary education in Peru is compulsory and provided by the government at no cost and by the private sector with a wide tuition range. Peruvian children between 6- and 11- years old attend primary school and start secondary school by the age of 12 for a period of 5 years. The last National Population Census in 2017 reports that roughly 5.4% and 7.0% of Peruvians who are primary-school and secondary-school-aged, respectively, have at least one disability. However, according to the School Census of the same year, <1% of children attending regular schools are categorized as SEN students, which suggests that inclusive education in Peru is not well developed. Despite this low enrollment rate, the percentage of SEN students grew from 0.26% in 2007 to 0.96% in 2019.

Since primary and secondary schools in Peru must comply with a mandatory national curriculum, the same courses are taken by children who attend the same grade level across different schools. Schools may have more than one class per grade level, which are called sections , which students are assigned when they start primary school, which makes it less likely that students are sorted in a non-random fashion. Besides, every section has a specific classroom where students are instructed in most of their courses; thus, students do not need to move among different classrooms throughout the school day. At the primary school, the teacher assigned to a section is usually responsible for the majority of the courses; whereas, at the secondary school, it is often the case that there is a different teacher for each course. Another characteristic of the Peruvian education system is that it allows parents to send their children to any school, public or private, even if that school is outside their district of residence.

According to the last National Population Census in 2017, Peru has achieved almost universal coverage of education, 94.9% of the population aged 12 or over have primary education, and 74.5% aged 17 or over have secondary education. These numbers, however, mask a disability gap. Among adults aged 17 or over, 14.1% of people with at least one disability report having no education, whereas only 3.9% of people with no disabilities report the same. There is also an educational disability gap of 11.9 percentage points (p.p.) among the female population, but it decreases to 7.1 p.p. among the male population. These figures suggest that having a disability poses a larger burden for females than for males.

In this context, the Peruvian National Education Law recognized in 2003 inclusive education as the main approach to providing education to students with SEN, which should be accompanied by supplementary one-to-one attention by specialists (Congreso de la República, 2003 ). Thus, the Peruvian legal framework advocates an inclusive approach to integrating children and youth with disabilities into society. Aligned with the national inclusive policy, the state, as per the 2012 General Law of Persons with Disabilities (Law 29973), ensures access to quality inclusive education that accommodates individual needs. This entails adjustments in infrastructure, furniture, materials, curriculum, and teaching processes, all aimed at facilitating quality learning and fostering the comprehensive development of each student. It is worth noting, however, that empirical evidence indicates that many regular schools lack the necessary infrastructure, materials, and human resources to accommodate students with disabilities (Cueto et al., 2018 ; Peruvian Ombudsman, 2011 ).

The basic education system comprises three modalities: regular basic education (EBR), alternative basic education (EBA), and special basic education (EBE). EBR represents conventional formal education. EBA caters to students who lack access to EBR, emphasizing vocational and entrepreneurial skills. EBE is designated for students with SEN related to disability, talent, or giftedness. EBA and EBR schools, when admitting students with SEN, are termed inclusive schools . EBE operates in both inclusive schools and standalone EBE schools. In inclusive schools that accept students with mild disabilities and giftedness, EBE provides support and guidance through programs like Support and Advisory Services for Special Educational Needs (SAANEE). This includes personalized services and support to students, parents, teachers, and school principals through weekly visits of specialized professionals (Congreso de la República, 2006 ). Nevertheless, the evidence shows that inclusive education in Peru is far from successfully being implemented, and it is combined with an “integration approach” (Peruvian Ombudsman, 2011 ). On the other hand, dedicated EBE schools directly serve severe and multi-disabled students with needs beyond the scope of EBR or EBA schools. EBR and EBA schools are mandated to reserve at least two slots per classroom during the enrollment period for the inclusion of students with mild or moderate disabilities. However, in practice, this requirement is not systematically fulfilled (Cueto et al., 2018 ).

Data and methodology

In this study, we use three datasets that are collected by the Peruvian Ministry of Education (MINEDU). First, we utilized the Student Census Evaluation (ECE) as our primary data source, which encompasses the scores achieved by students in the national standardized tests of reading and mathematics Footnote 3 . To create our dependent variable, “learning achievement”, we transformed these scores into z -scores, standardizing them by grade level and by subject to have a mean of zero and a standard deviation of one for use in our econometric analysis. Furthermore, the ECE dataset includes additional demographic information such as gender and the primary language spoken by the students. The ECE started in 2007, with annual assessments of students in the 2nd grade of primary (2P). Subsequently, it was expanded in 2015 to encompass students in the 2nd grade of secondary (2S). In 2017, however, the ECE was not conducted. Our second dataset is the National School Census (CE) which contains information regarding school characteristics and grade composition. The CE has been yearly collected since 2004, and it covers public and private schools. We use it to measure inclusive education by identifying the presence of SEN students at the section level. These two datasets are merged at the school level through a school identifier; thus, each student is linked to section characteristics in the school he or she is attending. The last dataset is the Information System to Support the Management of the Education Institution (SG), which was implemented in 2003 but has been mandatory only since 2011. The SG contains information that is uploaded every year by teachers or school principals. This includes students’ age, mothers’ age and education, and number of siblings. The SG is merged with the other datasets by using a student identifier.

For our analysis, we focus on students attending 2P in the period dating from 2011 to 2016 (excluding 2014) Footnote 4 and students attending 2S from 2015 to 2019 (excluding 2017). Footnote 5 For both grades, 2P and 2S, we account for potential grade advancement and delay. Footnote 6 Therefore, in the case of 2P where students are usually 7 years old, we include children aged between 6 and 8 years, and for 2S where students are usually 13 years old, we include children aged between 12 and 14 years. The final number of observations for 2P comprises 55,637 students who took the reading test and 55,614 students who took the mathematics test. And, for 2S, we have 47,491 students who took the reading test and 47,484 students who took the mathematics test.

To evaluate the influence of inclusive education on non-SEN students’ learning achievement, we use the CE where the school principal reports the number of SEN students placed in each grade level every year and per type of SEN. Footnote 7 This report is based on medical certificates, psycho-pedagogical certificates, and parents’ affidavits. Thus, we can identify the presence of SEN students per section to measure inclusive education. Footnote 8 Besides, we disaggregate the presence of SEN students per type. Specifically, we distinguish, for each section, the presence of students with mobility, vision, hearing, and intellectual or learning disabilities, as well as those with autistic spectrum disorder (ASD). In the case of intellectual or learning disabilities, the CE includes those students with Down syndrome, brain injury, dyslexia, and developmental aphasia. The other SEN types considered in the CE include students with speech impairment, deaf-blindness, and hospitalized. Although gifted students are identified as SEN students in the CE, we exclude them in our measure of SEN.

There are three main challenges to estimating peer effects, as stated by Manski ( 1993 ), that could hinder proper identification of the influence of SEN students on the learning achievement of their non-SEN peers. First, students in the same cohort could face similar environmental factors or have similar unobserved characteristics that may influence their academic outcomes rather than having classmates with SEN. To disentangle the environment from peer effects, we follow the literature by using a large number of observations and fixed effects (Balestra et al., 2022 ; Burke and Sass, 2013 ).

Second, there is a potential reflection problem as classmates may influence each other and determine their outcomes simultaneously. Since we focus on SEN characteristics related to physical disabilities, health issues, and injuries determined by specialists, it is less likely that the SEN status of students was determined by the learning achievement of their non-SEN peers.

The third problem is related to self-selection. In the Peruvian school system, parents may choose to send their children to any school regardless of their district of residence; thus, specific school characteristics may attract certain types of students. To address this problem, we restrict the analysis to schools with similar characteristics. We select schools located in urban areas providing mixed-sex education that operate on the main school campus only during the morning shift and with 10–30 students per section. In the case of primary education, we select full-grade schools. Footnote 9 Besides, to address a potential sorting problem that could make it difficult to identify whether the learning outcome is due to the presence of SEN students or one’s ability, we select schools with one section per grade level. In this way, we avoid the possibility for school administrators to group students into sections based on their characteristics or for parents to choose a section without SEN students. Finally, more than 90% of non-SEN students take the standardized national tests, which suggests that school principals do not select high-performance students to take these tests.

To test the validity of our identification strategy, we perform two balancing checks for 2P and 2S, presented in Tables 1 and 2 , respectively. To perform these balancing checks, we use only students who took both reading and mathematics standardized tests, rather than separating them by subject as we do for the econometric analyses. Panels A, B, and C show that the presence of at least one SEN student does not determine the gender, language, or age of non-SEN students, respectively. We observe that coefficients are statistically not significant, and their size is smaller in comparison to those from the main analysis, except for reading test scores in 2S. In addition, panel D shows that individual characteristics do not determine the presence of at least one SEN student in the classroom. These results provide evidence against the likelihood of selection into classrooms.

To examine the impact of inclusive education on standardized test performance of non-SEN students, we estimate the following linear model:

Equation ( 1 ) is estimated separately for each grade level (2P or 2S) and subject (reading or mathematics) using a linear regression. \({{{\rm {EDC}}}}_{{i{\rm {s}}t}}\) is the learning achievement of student \(i\) in section \({s}\) at year \(t\) , measured by the z -score of the standardized test. \({{{\rm {SEN}}}}_{{{\rm {s}}}t}\) is a dichotomous variable capturing the presence of at least one SEN student in section \({s}\) at year \(t\) ; thus, \({\alpha }_{1}\) is our parameter of interest. In other specifications below, \({{{\rm {SEN}}}}_{{{s}t}}\) will be differentiated by type of SEN. \({{{\rm {STD}}}}_{{i{s}t}}\) is a vector of student-level control variables that include age in years and indicators for gender (1 = women) and spoken language (1 = indigenous). The vector \({{{\rm {SEC}}}}_{{st}}\) controls for section-level variables without student \(i\) . It includes mean age, proportion of male students, proportion of indigenous speakers, and number of students. The vector \({{{\rm {SCH}}}}_{t}\) includes number of students at the school level. \({{{\rm {HH}}}}_{{it}}\) includes the following household characteristics: mother’s age, mother’s education, and the number of siblings. We also include school-fixed effects \(\left({\gamma }_{{s}}\right)\) Footnote 10 and year-fixed effects \(\left({\gamma }_{t}\right)\) . Finally, \({\varepsilon }_{{i{s}t}}\) is an unobserved error term, and we cluster standard errors at the section level as this is the common environment shared by students (Balestra et al., 2022 ).

To assess potential heterogeneous influences, we follow recent literature Footnote 11 and estimate Eq. ( 1 ) using split samples by the characteristic of interest (Feigenberg et al., 2023 ). In particular, we evaluate the gender of the student \(i\) . For section characteristics, we evaluate the number of students. Finally, we assess the varying estimates based on the mother’s age and the mother’s education. In the case of characteristics that are represented by continuous or categorical variables, we convert them into dichotomous variables. For the number of students, we split the sample between sections that have 20 or fewer students and sections with 21 or more students. In the case of the mother’s age, we use the mean age to split the sample above and below the mean. The mean age is 41.5 for those mothers with children who attend 2P and 44.8 for those with children who attend 2S. Finally, for mothers’ education, we split the sample between those with and without tertiary education.

The descriptive statistics for our final cross-section subpopulations are presented in Table 3 . All descriptive and econometric analyses were conducted using Stata 18. In this case, we combine observations that include students who took both reading and mathematics standardized tests, as the characteristics of the separated subpopulations are similar to each other. According to Table 3 , students with SEN generally have lower reading and mathematics scores compared to their peers without SEN across both primary and secondary grades. This trend is more pronounced in 2S compared to 2P. We also observe in Table 3 that the proportions of women and indigenous language speakers are relatively consistent across SEN and non-SEN cohorts. Approximately 48% of the students are female, and the average age is 6.9 in 2P and 12.9 in 2S. However, it is interesting to note that the mean proportion of indigenous language speakers is higher in 2S (~22%) compared to 2P (~12%), indicating a potential demographic shift as students progress through the education system. A similar trend for indigenous language speakers is observed at the section level. Moreover, figures in Table 3 show that the mean age in a section is ~7.2 in 2P and 13.3 in 2S, the sample is balanced between male and female students at the section level, and there are around 20 students per section. Regarding household characteristics, the average age of mothers is 41.5 for those with children in 2P and 44.8 for those with children in 2S, around 6 out of 10 students have mothers with primary or secondary education, and the majority of students have more than two siblings. Finally, students enrolled in primary education typically attend larger schools, characterized by a pupil population exceeding 120, in contrast to those in secondary education, where schools typically accommodate fewer than 100 students.

Empirical results

Regression results from Eq. ( 1 ) are shown in Table 4 . Footnote 12 For column (1), we use ECE and CE datasets, which do not include students’ age or household characteristics. For columns (2) through (6), we add the SG dataset to incorporate students’ age and household characteristics. Columns (1) through (4) include the proportion of repeaters and the presence of at least one specialized teacher when students were 3 years old, and they were not attending school; thus, the presence of an SEN student should not influence the proportion of repeaters or presence of a specialized teacher. Columns (5) and (6) do not include those variables, and the results remain similar to those obtained in the previous columns. In addition, as a robustness check, we try different subpopulations based on students’ age (columns (2) through (4)) and schools with variation in SEN students (column (6)). For all the specifications, our results consistently show that the presence of at least one SEN student as a measure of inclusive education does not have a significant influence on the learning achievement of students who attend 2P or 2S. Our findings align with similar results from other countries such as Canada (Friesen et al., 2010 ), England (Keslair et al., 2012 ), and the Netherlands (Ruijs, 2017 ), indicating that inclusive education does not have a significant impact on the academic achievement of non-SEN students.

Nevertheless, we notice in Table 4 that, after including students’ age and household characteristics, the negative relationship between inclusive education and learning achievement (column 1) turned into a positive relationship (columns 2 through 6). Even in the case of students who attend 2S, the magnitude of the positive relationship between inclusive education and mathematics scores increased when student’s age and household characteristics were included in the regression. This suggests that the attributes of a student’s household, along with individual traits correlated with them, such as motivation, self-discipline, and parental support, may exert a positive influence on their learning environment. This influence could potentially counterbalance any adverse effects of inclusive education. An alternative explanation lies in the interaction effects between inclusive education and these supplementary factors. For instance, older students or those from more privileged households could potentially derive greater benefits from inclusive education due to their increased adaptability to the classroom environment. We further explore these issues in the Heterogeneity analysis section.

The main results, however, may mask different outcomes by type of SEN. Table 5 shows the results from Eq. ( 1 ) using the presence of at least one student with a certain type of SEN as a measure of inclusive education. Results Footnote 13 in Table 5 are estimated by gradually adding control variables in each column. Columns (1) and (6) do not include any control variable. Columns (2) and (7) add student controls. Cohort controls are added in columns (3) and (8), and school controls are added in columns (5) and (9). Finally, family controls are added in columns (5) and (10). As we can see in Table 5 , adding variables does not substantially change the estimates. We also notice that the sign of the relationship between inclusive education and learning achievement varies by type of SEN, and only vision disability (panel A) and mobility disability (panel B) have a significant positive relationship with the standardized test scores of students who attend 2P and 2S, respectively. As we can observe in Table 5 , even when we use the Romano-Wolf multiple hypothesis correction, the significance of our findings remains similar across different specifications (cf. Clarke, 2021 , Clarke et al., 2020 ). These findings confirm our main results that inclusive education would not harm the learning performance of non-SEN students, regardless of the type of SEN presented by their peers.

Results in Table 5 show that the impact of attending an inclusive classroom with at least one SEN student with a vision disability increases the reading and mathematics scores of students who attend 2P by 0.135 (adjusted p -value < 0.05) (column 5) and by 0.154 (adjusted p -value < 0.05) (column 10) of a standard deviation, respectively. In the case of students who attend 2S, the impact of the presence of at least one student with mobility disability increases the performance on reading and mathematics tests by 0.099 (adjusted p -value < 0.01) (column 5) and by 0.100 (adjusted p -value < 0.05) (column 10) of a standard deviation, respectively. Similar to our results, Ruijs ( 2017 ) found that the presence of students with vision disabilities as well as physical and intellectual disabilities in the third level of pre-vocational secondary education in the Netherlands increases standardized test scores of non-SEN students. Moreover, previous studies pointed out that non-SEN students show more positive attitudes toward their peers with physical disabilities (de Boer et al., 2012 ), which may explain the positive influence of SEN students with vision and mobility disabilities that we have found on the learning achievement on non-SEN students.

Heterogeneity analysis

We further undertake several analyses to understand the differences in the impact of inclusive education. Footnote 14 Clogg’s z -test is implemented for testing the statistical significance of the difference between the coefficients estimated separately by splitting Eq. ( 1 ) (Clogg et al., 1995 ).

Estimates of inclusive education by gender of non-SEN students are presented in Table 6 . The results show that the influence of inclusive education on learning achievement is not statistically significant for men or women, and there is no statistical difference between them.

To explore the influence of inclusive education by usage of adequate resources, we analyze the influence of the total number of students at the section level. We find that inclusive education is associated with higher scores in reading and mathematics for non-SEN students who attend classrooms with 10–20 students and with lower scores for those who attend classrooms with 21–30 students, regardless the student attends 2P or 2S. This result may reflect that small groups foster a closer interaction between students and teacher which in turn may allow the teacher to develop better teaching strategies since they know each student better. The result of inclusive education by section size, however, is statistically different only for the reading score obtained by non-SEN students who attend 2S. This result underscores the complexity of inclusive education’s effects and the importance of context-specific considerations. Authorities should pay special attention to the number of students assigned to an inclusive classroom.

To analyze the household’s characteristics, we use the mother’s age and education. In the case of reading and mathematics in 2P, it seems that older mothers help to improve the scores of non-SEN students who attend an inclusive classroom; but there is not a clear pattern in the case of 2S. The differences in the test scores by mother’s age, however, are not statistically significant in any case, 2P or 2S. We have to take this result with caution as it is possible that other family characteristics rather than the mother’s age act as a moderator that could influence the effect of inclusive education on children’s outcomes in school (Leigh and Gong, 2010 ; López Turley, 2003 ).

We also present in Table 6 the estimates of inclusive education on test scores of non-SEN students by mother’s education. We observe that the difference in inclusive education’s influence on test scores in reading and mathematics is not statistically different regardless mother’s education. Although the difference is small and not significant, we observe that among non-SEN students in 2P and 2S with well-educated mothers (i.e., tertiary education), inclusive education is associated with lower scores in reading and mathematics. This finding may suggest that well-educated mothers may dedicate fewer hours to helping their children as they are more likely to work outside the home in comparison to less-educated mothers.

The current study focused on the learning achievement of non-SEN students in Peru who attend an inclusive classroom. We use three rich administrative datasets that allow us to measure inclusive education by the presence of at least one SEN student in the classroom, which is the appropriate setting as students spend their school day mostly within the classroom. Thus, we are able to capture the influence of inclusive education on the test scores of non-SEN students on national standardized tests in reading and mathematics.

Inclusive strategies in regular classrooms are undeniably crucial, but without appropriate adaptations and a comprehensive understanding by all involved, inclusive education can pose considerable challenges for the entire educational community, including non-SEN students (Edwards et al., 2019 ; Nilsen, 2020 ). While some studies for developed countries show that the learning achievement of non-SEN students is improved by attending inclusive classrooms and others point to negative effects, there is limited evidence regarding the impact of inclusive education for developing countries. From this perspective, our study contributes to the literature by examining the case of inclusive education in Peru and its consequences on non-SEN students. To the best of our knowledge, this topic has not been previously analyzed in the Peruvian context. Further, we explore the influence of inclusive education by type of SEN and undertake a heterogeneity analysis.

Overall, this study has found that the inclusion of SEN students in regular classrooms, on average, yields no substantial implications for their non-SEN counterparts. Our results have shown consistency among the different model specifications estimated using several subpopulations with different age ranges as well as an additional sub-population restricted to schools with variation in the presence of SEN students. Nevertheless, it is worth noticing that there is a negative relationship between inclusive education and learning achievement of non-SEN students that turns into a positive relationship when the mother’s characteristics are included in the analysis. This may present an opportunity for school authorities to involve parents in the learning process of their kids to enhance inclusive education programs, as the literature suggests that the way inclusive education is implemented may lead to positive results on the academic performance of non-SEN students (Szumski et al., 2017 ).

We also found that the implications of inclusive education are contingent upon the specific type of SEN. In particular, non-SEN students benefit from attending classrooms with at least one student with a vision disability in 2P and a mobility disability in 2S. This finding underscores differential effects between lower and later grades, a phenomenon previously noted in the literature (Kart and Kart, 2021 ). Also, this result should draw attention from policymakers interested in inclusive education as schools may be more suitable to assist this type of SEN students, whereas the potential lack of resources to support other types of SEN might detrimentally affect SEN and non-SEN students (Edwards et al., 2019 ). In addition, we find that the influence of inclusive education is heterogeneous. We find that the small size of the classroom (20 or fewer students) helps to improve learning achievement in reading for non-SEN students who attend an inclusive classroom in 2S. Similar to previous literature (e.g., Szumski et al., 2017 ), this finding points to the need for educational policymakers to increase the budget for inclusive education, targeting to hire more and adequate resources. Finally, the mother’s characteristics are not relevant to explain differences in the estimates of inclusive education on academic achievement of non-SEN students.

Despite the contributions made by this study, some potential limitations could be addressed by future research. First, due to a lack of data, we are not able to incorporate a measure that reflects the diverse intensity of a disability (Oh-Young and Filler, 2015 ) that could be associated with different costs (Nicoriciu and Elliot, 2023 ). Second, the datasets employed in this analysis are unavailable for certain years, precluding our use of data from ECE before 2011. Additionally, the variable indicating the language spoken in 2S was not present in the same dataset (CE) for the years 2018 and 2019. Finally, despite our efforts to mitigate concerns related to omitted variable bias, we concede the possibility of residual biases. Specifically, we omitted socioeconomic status from our analysis due to substantial rates of missing data.

Data availability

The datasets used in this study are available from the Peruvian Ministry of Education repository upon request.

In the literature, there are three main approaches: (i) segregation, (ii) integration, and (iii) inclusive (see e.g., Dixon, 2005 ; Kiuppis, 2014 ; Madhesh, 2023 ).

It is worth noting that results from countries like Peru are not directly comparable to those previously presented by Contreras et al. ( 2020 ). Indeed, academic performance in Peru is poorer relative to Chile, as reported by the Program for International Student Assessment (PISA) and it does not receive monetary incentives to enroll children with SEN. Furthermore, Chile displays a particular institutional framework worldwide since state-subsidized private schools (voucher schools) have around 50% of total enrollment (CEM, 2019 ). Thus, insights from the Peruvian case are valuable for other comparable countries.

Although the ECE evaluates other subjects, only mathematics and reading were evaluated in every ECE. Students attending 2nd grade of primary were evaluated from 2007 to 2016 on mathematics and reading. In the case of students attending 2nd grade of secondary, they were evaluated on mathematics and reading from 2015 to 2019 (except 2017), social sciences in 2016 and 2018, and science and technology in 2018 and 2019.

Unfortunately, information for SG was not available before 2011, and the MINEDU did not provide information for 2014.

The ECE was not conducted in 2017.

Advancement and delay in 2P (2S) are determined based on the chronological age of the students as of March 31. If a student is one year younger than the standard age of 7 (13), it would be considered advancement. Conversely, if a student is one year older than the standard age, that is, age of 8 (14), it would be considered within a delay.

Since we only include schools with one section per grade, the number of SEN students reported by grade is used to account for the presence of SEN students at the section level.

A cohort refers to the students within the same section for each grade level and year.

Full-grade refers to primary schools where teachers do not teach more than one grade in the same classroom.

Since we work with schools that have only one section, school-fixed effects can also be understood as section-fixed effects.

Feigenberg et al. ( 2023 ) state that using a split-sample approach is equivalent to a fully interacted model but avoids losing statistical power. Likewise, they state that, unlike a model with only one interaction, the split-sample approach reduces bias due to omitted variables.

Results, including all control variables, are presented in the Supplementary Information. Tables S1 and S2 for reading and mathematics in 2P, respectively. Tables S3 and S4 for reading and mathematics in 2S, respectively.

Results, including all control variables, are presented in Supplementary Information Table S5 .

Results, including all control variables, are presented in Supplementary Information from Table S6 to Table S10 .

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Acknowledgements

This paper was supported by the Peruvian Economic and Social Research Consortium (grant No. A1-PB03, CIES 2022). The authors express their gratitude to the participants of the XXXIV Annual Research Seminar 2023 hosted by the Economic and Social Research Consortium (CIES), as well as to two anonymous referees for their invaluable feedback, which contributed to the improvement of this manuscript. Special thanks to Juan Castañeda and Jonatan Amaya for their outstanding research assistance in earlier versions of this study. All remaining errors are our own.

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Salas García, V.B., Rentería, J.M. Students with special educational needs in regular classrooms and their peer effects on learning achievement. Humanit Soc Sci Commun 11 , 521 (2024). https://doi.org/10.1057/s41599-024-03002-8

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What keeps the Oak Ridge school superintendent awake at night?

Challenges include growing enrollement, 3rd-grade retention law and safety.

What keeps Oak Ridge School Superintendent Bruce Borchers awake at night?

The projected growth in student enrollment this decade at the aging city schools.

Borchers, who is serving in his 10th year as superintendent in Oak Ridge, told the League of Women Voters of Oak Ridge that between now and 2030, some of the city's school buildings - ranging in age from 55 to 73 years old - must be renovated, brought up to code and possibly expanded or supplemented by the construction of up to two new schools if land can be obtained to build them on.

He cited projections based on city estimates of proposed and active housing developments and industry reports. By 2030 the population of Oak Ridge is expected to rise from about 32,000 currently to 39,000 (and 42,500 by 2040). More than 1,700 jobs may be created between 2022 and 2030. The U.S. Department of Energy and its contractors support more than 14,600 full-time jobs, according to a 2020 report.

More than 150 school-age children live at The Preserve, a fast-growing housing development of more than 500 homes on the Clinch River at the far western part of Oak Ridge. As a result, the enrollment at Linden Elementary School, which opened in 1968 in the city’s western area, is rapidly increasing. An extrapolation of Linden’s rising enrollment starting in 2018-19 and ending in 2028-29 indicates that the number of students could grow from 425 to 783, an 84% increase.

In the same time frame, the number of students in Oak Ridge schools could grow from 4,667 in 2018-19 to 5,434 in 2028-29. That’s 767 more students by the decade’s end, or a district increase of 16%.

Good news about Oak Ridge Schools

Borchers’ talk included lots of good news on the state of Oak Ridge schools.

“Our students didn’t really have the learning loss during COVID that you hear other school districts suffered,” he said. He noted that the elementary school student scores in English language arts and mathematics continued to rise during and after the COVID-19 pandemic lockdown, which started in March 2020.

He reported that three Oak Ridge elementary schools – Linden, Glenwood and Willow Brook – as well as Jefferson Middle School were named Reward Schools because of their “improving overall student academic achievement and student growth.” This status is the top distinction a school can earn in Tennessee.

Third-grade retention law

Borchers predicted the law could cause major problems for many school districts, including Oak Ridge, especially if more than half of third graders are prevented from advancing to fourth grade. (EDITOR'S NOTE: This law was slighty altered by the Tennessee Legislature in the most recent session, but is awaiting Gov. Bill Lee's signature on the changes.)

“If I have to hold back 200 third graders, I will be out of room,” he said. “I may have to find five more rooms and five more teachers because of the class size law.”

He noted that the Oak Ridge school system has brought in an increased level of support to help third-grade students master the essential standards, including reading specialists, case managers, teaching assistants and tutors. Students are learning test-taking strategies, and a “summer bridge camp” will be offered to those who plan to retake the TCAP test. Volunteer tutors are accepted at Willow Brook Elementary School in its “Readers and Leaders” program.

Pay, teaching positions

Noting that nationwide many teachers feel demoralized because of low pay, lack of resources, rising work demands and excessive control of what they can and cannot teach by conservative state legislators and a minority of vocal parents, an LWV member asked if Borchers has encountered difficulties recruiting and retaining teachers.

He answered that, thanks to the school board and city, “Our schools are funded well and we’re one of the districts with the highest paid teachers in the state. It’s easier for us to recruit and retain teachers. We are even attracting really good, level five, teachers from nearby counties and cities.”

He conceded that it is sometimes difficult to fill special education, science and math positions, but the larger challenge is finding substitute teachers willing to take over a class when needed. “It’s gotten better since COVID,” he said. “We’ve raised substitute pay a little bit to incentivize people to come in.”

In his talk and answers to questions, Borchers made these points.

Renovations, improvements, banned books and SROs

This century many renovations have been made in Oak Ridge schools: at Oak Ridge High School from 2005 to 2008; at Woodland Elementary School in 2010, at Robertsville Middle School in 2021 and at Willow Brook Elementary School in 2022.

The energy-saving, cost-saving renovations at Robertsville include new HVAC equipment, ductwork, controls, lighting, an exterior shell, double-paned insulated windows and an insulated wall panel system. In addition, the repainted school has new carpet, a loading dock, added parking spaces and new signage.

The Ben Martin Track Improvement Project has produced one of the premier high school track facilities in the state.

Black history in Tennessee and the United States is being taught in Oak Ridge schools.

Despite the efforts of extremist groups throughout the nation to ban library books that touch upon LGBTQ concerns, no requests have been made to remove books from Oak Ridge school libraries. (According to Mike Stallo of the Oak Ridge Public Library, no one asked the library “to remove any particular books. We were asked to put labels on a few titles.”)

Very few parents attend community meetings that address school issues, such as increased vaping by Oak Ridge students and the possible hazards to the lungs of e-cigarette smoking.

Concerning the need to prevent active shooters from entering schools, Borchers said that the district has three school resource officers provided by the Oak Ridge Police Department. One SRO is at the high school and the other two are at the middle schools but are available to the elementary schools nearby.

ORPD Chief Robin Smith is seeking grant funds to pay for stationing an SRO in every Oak Ridge school, and Oak Ridge Schools staff is applying for a large grant to fund additional safety measures. The staff has received advice from a Department of Homeland Security officer in the region.

“It’s just a scary time,” Borchers said.

Justices Seem Ready to Limit the 2020 Election Case Against Trump

Such a ruling in the case, on whether the former president is immune from prosecution, would probably send it back to a lower court and could delay any trial until after the November election.

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Charlie Savage and Alan Feuer

Charlie Savage reported from Washington, and Alan Feuer from New York.

Here are four takeaways from the Supreme Court hearing on Trump’s claim to immunity.

The Supreme Court heard arguments on Thursday about Donald J. Trump’s claim that the federal charges accusing him of plotting to overturn the 2020 election must be thrown out because he is immune from being prosecuted for any official act he took as president.

Here are some takeaways.

Several justices seemed to want to define some level of official act as immune.

Although Mr. Trump’s claim of near-absolute immunity was seen as a long shot intended primarily to slow the proceedings, several members of the Republican-appointed majority seemed to indicate that some immunity was needed. Some of them expressed worry about the long-term consequences of leaving future former presidents open to prosecution for their official actions.

Among others, Justice Brett Kavanaugh compared the threat of prosecution for official acts to how a series of presidents were “hampered” by independent counsel investigations, criticizing a 1984 ruling that upheld a now-defunct law creating such prosecutors as one of the Supreme Court’s biggest mistakes. Chief Justice John G. Roberts Jr. criticized an appeals court ruling rejecting immunity for Mr. Trump, saying he was concerned that it “did not get into a focused consideration of what acts we are talking about or what documents are talking about.”

“It’s a serious constitutional question whether a statute can be applied to the president’s official acts. So wouldn’t you always interpret the statute not to apply to the president, even under your formulation, unless Congress had spoken with some clarity?” “I don’t think across the board that as serious constitutional question exists on applying any criminal statute to the president.” “The problem is the vague statute — obstruction and 371, conspiracy to defraud the United States can be used against a lot of presidential activities historically with a creative prosecutor who wants to go after a president.” “I think that the question about the risk is very serious. And obviously it is a question that this court has to evaluate. For the executive branch, our view is that there is a balanced protection that better serves the interests of the Constitution that incorporates both accountability and protection for the president.”

The Democrat-appointed justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — asked questions indicating greater concern about opening the door for presidents to commit official crimes with impunity.

“This is what you’re asking us to say, which is that a president is entitled not to make a mistake — but more than that, a president is entitled for total personal gain to use the trappings of his office. That’s what you’re trying to get us to hold — without facing criminal liability.” “Your honor, I would say three things in response to that. First, the doctrine that immunity does not turn on the allegedly improper motivation or purpose is something that this court has reaffirmed in at least nine or 10 —” “That’s absolute immunity. But qualified immunity does say that whatever act you take has to be within what a reasonable person would do. I’m having a hard time thinking that creating false documents, that submitting false documents, that ordering the assassination of a rival, that accepting a bribe, and countless other laws that could be broken for personal gain, that anyone would say that it would be reasonable for a president or any public official to do that.”

The arguments signaled further delay and complications for a Trump trial.

If the Supreme Court does place limits on the ability of prosecutors to charge Mr. Trump over his official actions, it could alter the shape of his trial.

A decision to send all or part of the case back to the lower courts could further slow progress toward a trial, increasing the odds that it does not start before Election Day.

Of the matters listed in the indictment, some — like working with private lawyers to gin up slates of fraudulent electors — seem like the private actions of a candidate. Others — like pressuring the Justice Department and Vice President Mike Pence to do things — seem more like official acts he took in his role as president.

At one point, Justice Amy Coney Barrett suggested that prosecutors could simply drop Mr. Trump’s arguably official actions from their case and proceed to a swift trial focused only on his private actions. And D. John Sauer, the lawyer for Mr. Trump, told the court that no evidence of Mr. Trump’s official actions should be allowed into the trial.

But Michael R. Dreeben, a Justice Department lawyer arguing on behalf of the special counsel’s office, said the indictment laid out an “integrated conspiracy” in which Mr. Trump took the official actions to bolster the chances that his other efforts to overturn the election would succeed.

He argued that even if the court holds that Mr. Trump has immunity from liability for his official actions, prosecutors should still be allowed to present evidence about them to the jury because the actions are relevant to assessing his larger knowledge and intentions — just as speech that is protected by the First Amendment can still be used as evidence in a conspiracy case.

The hearing revolved around two very different ways of looking at the issue.

Looming over the hearing was a sweeping moral question: What effect might executive immunity have on the future of American politics?

Not surprisingly, the two sides saw things very differently.

Mr. Sauer claimed that without immunity, all presidents would be paralyzed by the knowledge that once they were out of office, they could face an onslaught of charges from their rivals based on the tough calls they had to make while in power. He pictured a dystopian world of ceaseless tit-for-tat political prosecutions that would destroy the “presidency as we know it.”

If a president can be charged, put on trial and imprisoned for his most controversial decisions as soon as he leaves office, that looming threat will distort the president’s decision-making precisely when bold and fearless action is most needed. Every current president will face de facto blackmail and extortion by his political rivals while he is still in office. The implications of the court’s decision here extend far beyond the facts of this case. Could President George W. Bush have been sent to prison for obstructing an official proceeding or allegedly lying to Congress to induce war in Iraq? Could President Obama be charged with murder for killing U.S. citizens abroad by drone strike? Could President Biden someday be charged with unlawfully inducing immigrants to enter the country illegally for his border policies? The answer to all these questions is no.

Envisioning the opposite scenario, Mr. Dreeben worried that any form of blanket immunity would place presidents entirely outside of the rule of law and encourage them to commit crimes, including “bribery, treason, sedition, even murder,” with impunity.

“The framers knew too well the dangers of a king who could do no wrong,” he said.

This court has never recognized absolute criminal immunity for any public official. Petitioner, however, claims that a former president has permanent criminal immunity for his official acts unless he was first impeached and convicted. His novel theory would immunize former presidents for criminal liability; for bribery, treason, sedition, murder and here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power. Such presidential immunity has no foundation in the Constitution. The framers knew too well the dangers of a king who could do no wrong.

Both sides found advocates for their positions on the court.

Justice Samuel A. Alito Jr. clearly seemed worried that without some form of criminal immunity, former presidents would be vulnerable to partisan warfare as their successors used the courts to go after them once they were out of office. And that, he added, could lead to endless cycles of retribution that would be a risk to “stable, democratic society.”

Justice Ketanji Brown Jackson appeared more concerned that if presidents were in fact shielded by immunity, they would be unbounded by the law and could turn the Oval Office into what she described as “the seat of criminality.”

If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes, I’m trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country? If the potential for criminal liability is taken off the table, wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they’re in office? It’s right now the fact that we’re having this debate, because O.L.C. has said that presidents might be prosecuted. Presidents from the beginning of time have understood that that’s a possibility. That might be what has kept this office from turning into the kind of crime center that I’m envisioning. But once we say no criminal liability, Mr. President, you can do whatever you want, I’m worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he’s in office.

What happens next?

There did not seem to be a lot of urgency among the justices — especially the conservative ones — to ensure that the immunity question was resolved quickly. That left open the possibility that Mr. Trump could avoid being tried on charges of plotting to overturn the last election until well after voters went to the polls to decide whether to choose him as president in this election.

And if he is elected, any trial could be put off while he is in office, or he could order the charges against him dropped.

It could take some time for the court to do its own analysis of what presidential acts should qualify for the protections of immunity. And even if the justices determine that at least some of the allegations against Mr. Trump are fair game for prosecution, if they do not issue a ruling until late June or early July, it could be difficult to hold a trial before November.

That would become all but impossible if the court took a different route and sent the analysis back to the trial judge, Tanya S. Chutkan. If Judge Chutkan were ordered to hold further hearings on which of the indictment’s numerous allegations were official acts of Mr. Trump’s presidency and which were private acts he took as a candidate for office, the process could take months and last well into 2025.

Aishvarya Kavi

Reporting from Washington

A spectacle outside the Supreme Court for Trump’s defenders and detractors.

Just as the Supreme Court began considering on Thursday morning whether former President Donald J. Trump was entitled to absolute immunity, rap music started blaring outside the court.

The lyrics, laced with expletives, denounced Mr. Trump, and several dozen demonstrators began chanting, “Trump is not above the law!”

Mr. Trump was not in Washington on Thursday morning — in fact, he was in another courtroom , in New York. But the spectacle that pierced the relative tranquillity outside the court was typical of events that involve him: demonstrations, homemade signs, police, news media, and lots and lots of curious onlookers.

One man, Stephen Parlato, a retired mental health counselor from Boulder, Colo., held a roughly 6-foot-long sign with a blown-up photo of Mr. Trump scowling that read, “Toxic loser.” The back of the sign featured the famous painting by Cassius Marcellus Coolidge of dogs playing poker, adorned with the words, “Faith erodes … in a court with no binding ethics code.” He made the sign at FedEx, he said.

The Supreme Court’s decision to even hear the case, which has delayed Mr. Trump’s election interference trial , was “absurd,” he said.

“I’m a child of the late ’60s and early ’70s and the Vietnam War,” said Mr. Parlato, dressed in a leather jacket and cowboy hat. “I remember protesting that while in high school. But this is very different. I’m here because I’m terrified of the possibility of a second Trump presidency.”

Inside the court, Jack Smith sat to the far right of the lawyer arguing on behalf of his team of prosecutors, Michael R. Dreeben, a leading expert in criminal law who has worked for another special counsel who investigated Mr. Trump, Robert S. Mueller III.

Among those in attendance were Jane Sullivan Roberts, who is married to Chief Justice John G. Roberts Jr., and Ashley Estes Kavanaugh, who is married to Justice Brett M. Kavanaugh.

In an orderly line outside along the side of the court, people were calmly waiting to listen to the arguments from the court’s public gallery. More than 100 people, many of them supporters of Mr. Trump, were in line as of 8:30 a.m. Reagan Pendarvis, 19, who had been waiting there since the middle of the night, said the first person in line had gotten there more than a day before the arguments began.

Mr. Pendarvis, a sophomore at the University of California, San Diego who is living in Washington for the spring semester, was wearing a black suit and bright red bow tie. He said he had been struggling to keep warm since he took his place in line.

Mr. Pendarvis, a supporter of Mr. Trump, said he thought that the cases brought against the former president were an uneven application of the law.

“I think a lot of the cases, especially that happen for Donald Trump, don’t really happen for Democrats on the other side,” he said. “That’s just my take on it.”

David Bolls, 42, and his brother, Jonathan, 43, both of Springfield, Va., also in line for the arguments, also contended that the prosecutions against Mr. Trump were an abuse of judicial power.

“For me, I want to see an even application of justice,” David Bolls said.

For others in line, the Supreme Court’s deliberations were not the main draw. Ellen Murphy, a longtime Washington resident, was trying to sell buttons she designs, though she acknowledged that it was unlikely she would be allowed in with all of her merchandise.

Dozens of the buttons, which said, “Immunize democracy now” and “Trump is toast” over a toaster with two slices of bread, were pinned to a green apron she was wearing.

“We lose our democracy,” Ms. Murphy said, “if the president can do whatever he wants just because he’s president.”

Eileen Sullivan contributed reporting.

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Adam Liptak

What’s next: Much will turn on how quickly the court acts.

The justices heard arguments in the immunity case at a special session, the day after what had been the last scheduled argument of its term. Arguments heard in late April almost always yield decisions near the end of the court’s term, in late June or early July.

But a ruling in early summer, even if it categorically rejected Mr. Trump’s position, would make it hard to complete his trial before the election. Should Mr. Trump win at the polls, there is every reason to think he would scuttle the prosecution.

In cases that directly affected elections — in which the mechanisms of voting were at issue — the court has sometimes acted with unusual speed.

In 2000, in Bush v. Gore, the court issued its decision handing the presidency to George W. Bush the day after the justices heard arguments.

In a recent case concerning Mr. Trump’s eligibility to appear on Colorado’s primary ballot, the justices moved more slowly, but still at a relatively brisk pace. The court granted Mr. Trump’s petition seeking review just two days after he filed it , scheduled arguments for about a month later and issued its decision in his favor about a month after that.

In United States v. Nixon, the 1974 decision that ordered President Richard M. Nixon to comply with a subpoena for audiotapes of conversations with aides in the White House, the court also moved quickly , granting the special prosecutor’s request to bypass the appeals court a week after it was filed.

The court heard arguments about five weeks later — compared with some eight weeks in Mr. Trump’s immunity case. It issued its decision 16 days after the argument , and the trial was not delayed.

Abbie VanSickle

The oral argument lasted nearly three hours, as the justices tangled with a lawyer for the former president and a Justice Department lawyer. A majority of the justices appeared skeptical of the idea of sweeping presidential immunity. However, several of them suggested an interest in drawing out what actions may be immune and what may not — a move that could delay the former president’s trial if the Supreme Court asks a lower court to revisit the issues.

Many of the justices seemed to be considering the idea that presidents should enjoy some form of protection against criminal prosecution. The devil, however, will be in the details: How should that protection extend?

And that question will have profound relevance not only for future presidents, but much more immediately for Donald Trump. The court could decide to draw those rules itself in a broad way for history. Or it could send this case back to a lower court to set the rules of what form immunity could take. If the case is sent back for further proceedings, it could have a dramatic effect on the timing of Trump’s trial, pushing it well past the election in November.

Looking back, one of the main points of discussion turned on the question of which situation would be worse: a world in which presidents, shorn of any legal protections against prosecution, were ceaselessly pursued in the courts by their rivals in a never-ending cycle of political retribution, or allowing presidents to be unbounded by criminal law and permitted to do whatever they wanted with impunity.

Charlie Savage

Sauer, Trump’s attorney, declines to offer a rebuttal. The argument is over.

If the court finds that there is some immunity for official actions, one of the most important questions will be whether prosecutors can still present evidence to the jury of Trump’s official actions (like pressuring the Justice Department and Vice President Mike Pence to do certain things) as evidence that helps illuminate Trump’s knowledge and intent for his private acts as a candidate. Dreeben says the jury needs to understand the whole “integrated conspiracy” but prosecutors would accept a jury instruction in which the judge would say they cannot impose liability for the official actions but may consider them as evidence of his knowledge and intent for the other actions. That’s how courts handle protected speech that is evidence to a larger conspiracy, he notes.

Justice Barrett picks up the question of timing again. She suggests that if prosecutors want to take Trump quickly to trial, they could simply drop those parts of the indictment that seem to be his official acts as president and proceed with only those parts of the indictment that reflect Trump’s private actions taken as a candidate for office. Dreeben is not wild about that idea.

Dreeben suggests that allegations in the “private acts bucket,” as Justice Jackson just called it, would include things like the scheme to create fake electors and the way in which Trump fomented a mob of his supporters to violently attack the Capitol on Jan. 6.

Justice Barrett seems to signal that she is less likely to find that presidents have blanket immunity for their official acts. When Dreeben says the system needs to balance the effective functioning of the presidency and accountability for a former president under the rule of law, and the existing system does that pretty well or maybe needs a few ancillary rules but that is different from the “radical proposal” put forward by Trump’s legal team, she says: “I agree.”

Dreeben, in a balancing act that seems to acknowledge that the court is looking for some form of criminal immunity for presidents, says he is trying to do two things at once, neither of them easy. He wants to design a system to find some rules that preserve the “effective functioning of the presidency” but that still allows for “accountability” if presidents violated the law.

Kavanaugh asks Dreeben about Obama’s drone strike that killed an American citizen suspected of terrorism, Anwar al-Awlaki, which Trump’s lawyer invoked in his opening. Dreeben notes that the Office of Legal Counsel analyzed the question and found that the murder statute did not apply to presidents when they were acting under public authority, so authorizing the strike was lawful. This is the way the system can function, he said — the Justice Department analyzes laws carefully and with established principles.

Justice Kavanaugh signals that he is likely to find that presidents must have immunity for their official actions. He talks about how the threat of prosecution by independent counsels (under a law that lapsed in 1999) hampered Presidents Reagan, George H.W. Bush and Clinton, and says a 1984 ruling upholding that structure as constitutional was one of the Supreme Court’s biggest mistakes. (Notably, Kavanaugh was a prosecutor on the staff of independent counsel Ken Starr during his investigation into President Bill Clinton, before becoming a White House lawyer under President George W. Bush.)

Dreeben tries to push back on Kavanaugh’s argument by saying that even after Watergate, even after all of the independent counsel investigations mentioned above, the legal system has survived without “having gone off on a runaway train” of actual criminal prosecutions against former presidents.

The Supreme Court rejected Bill Clinton’s claim of immunity.

In Clinton v. Jones in 1997, the Supreme Court unanimously allowed a sexual harassment suit against President Bill Clinton to proceed while he was in office, discounting concerns that it would distract him from his official responsibilities. Both of his appointees, Justices Ruth Bader Ginsburg and Stephen G. Breyer, voted against him.

“The president is subject to judicial process in appropriate circumstances,” Justice John Paul Stevens wrote for the court, adding, “We have never suggested that the president, or any other official, has an immunity that extends beyond the scope of any action taken in an official capacity.”

The case was in one sense harder than the one against Mr. Trump, as it involved a sitting president. In another sense, though, it was easier, as it concerned an episode said to have taken place before Mr. Clinton took office (Paula Jones, an Arkansas state employee, said Mr. Clinton had made lewd advances in a hotel room when he was governor of the state).

The case is best remembered for a prediction in Justice Stevens’s majority opinion that “it appears to us highly unlikely to occupy any substantial amount of petitioner’s time.” In fact, it led to Mr. Clinton’s impeachment.

In the same paragraph, Justice Stevens made a second prediction.

“In the more than 200-year history of the Republic, only three sitting presidents have been subjected to suits for their private actions,” he wrote. “If the past is any indicator, it seems unlikely that a deluge of such litigation will ever engulf the presidency.”

Suits against Presidents Theodore Roosevelt and Harry S. Truman were dismissed, and one against President John F. Kennedy involving a car accident during his 1960 campaign was settled. The case against Mr. Clinton added a fourth.

Justice Stevens, who died in 2019, failed to anticipate the enormous volume of civil and criminal litigation in which Mr. Trump and his businesses have been named as defendants.

We are now over the two-hour mark of the Supreme Court’s arguments in the Trump immunity case. The Justice Department lawyer has continued to face skeptical questions from many of the court’s conservatives, several of whom appear particularly focused on how to draw the line between a president’s core powers and non-core powers. In other words, what actions by a president might be shielded from prosecution and what would not. The questioning suggests that some of the justices may favor a ruling that could lead to more lower-court proceedings, perhaps delaying the trial.

The Supreme Court’s relatively new process (coming out of Covid) of letting each justice ask questions at the end in order of seniority has an interesting consequence, as seen here. Dreeben kept wanting to say these things about government legal memos and to go into the details about the actions Trump is accused of taking, but the Republican-appointed justices kept cutting him off. It’s the turn of Kagan, a Democratic appointee, to ask any final questions she wants, and she is letting him talk on and on.

Much of the discussion this morning has swirled around the question of whether, without immunity, presidents will be hounded by their rivals with malicious charges after leaving office. Alito and other conservatives on the court seem concerned that the Trump prosecutions will open the door to endless attacks against future presidents.

The other main topic of discussion has been whether presidents enjoy some form of immunity for carrying out their official duties and, if so, how those official actions are defined. That’s an important question for the Trump election case because Trump has claimed he was acting in his role as president when, by his own account, he sought to root out fraud in the 2020 vote count. It’s also important for a different reason: the justices could send the official acts question back to a lower court to sort out, and that process could take a long time, delaying the case's trial until after this year’s election.

Justice Alito suggests that there is a risk to our stable democracy if presidents who lose close elections would not be allowed to retire in peace but could face prosecution. He has essentially flipped the situation under consideration upside down: that Trump is being prosecuted for having used fraud to remain in power after losing a close election.

A part of this exchange between Justice Alito and the Justice Department's lawyer, Dreeben, gets at a pressure point in American-style democracy and the rule of law. One of the safeguards against illegitimate prosecutions of ex-presidents, Dreeben says, is that if the Justice Department has advised the president that doing something would be lawful, the department could not later turn around and prosecute the now-former president for relying on that advice and doing that thing.

Alito points out that this creates an incentive for presidents to appoint attorneys general who will just tell them that anything they want to do would be legal. Indeed — that is a critique of the Office of Legal Counsel system, in which politically appointed lawyers decide what the law means for the executive branch.

An example: During the George W. Bush administration, memos about post-9/11 surveillance and torture were written by a politically appointed lawyer with idiosyncratically broad views of a president’s supposed power, as commander in chief, to authorize violations of surveillance and torture laws. The Justice Department later withdrew those memos as espousing a false view of the law, but held that officials who had taken action based on those memos could not be charged with crimes.

Justice Alito suggests there are not enough legal safeguards in place to protect presidents against malicious prosecution if they don’t have some form of immunity. He tells Dreeben that the grand jury process isn’t much of a protection because prosecutors, as the saying goes, can indict a ham sandwich. When Dreeben tries to argue that prosecutors sometimes don’t indict people who don’t deserve it, Alito dismissively says, “Every once in a while there’s an eclipse too.”

If you are just joining in, the justices are questioning the Justice Department lawyer, Michael Dreeben, about the government’s argument that former President Trump is not absolutely immune from prosecution on charges that he plotted to subvert the 2020 election. Dreeben has faced skeptical questions from several of the conservative justices, including both Justices Alito and Kavanaugh, who have suggested that the fraud conspiracy statute being used against the former president is vague. That statute is central to the government’s case against Trump.

Justice Alito now joins Justice Kavanaugh in suggesting that the fraud conspiracy statute is very vague and broadly drawn. That is bad news for the indictment brought against Trump by Jack Smith, the special counsel.

The scope and viability of this fraud statute, which is absolutely central to the Trump indictment, wasn’t on the menu of issues seemingly at play in this hearing. Kavanaugh and Alito appear to have gone out of their way to question its use in the Trump case.

Justice Sotomayor points out that under the Trump team’s theory that a criminal statute has to clearly state that it applies to the presidency for it to cover a president’s official actions, there would essentially be no accountability at all. Because only a tiny handful of laws mention the president, that means a president could act contrary to them without violating them. As a result, the Senate could not even impeach a president for violating criminal statutes, she says — because he would not be violating those laws if they don’t apply to the president.

Dreeben is under heavy fire from the court’s conservatives.

The precedent most helpful to Trump: Nixon v. Fitzgerald.

In 1982, in Nixon v. Fitzgerald , the Supreme Court ruled that former President Richard M. Nixon had absolute immunity from civil lawsuits — ones brought by private litigants seeking money — for conduct “within the ‘outer perimeter’ of his official responsibility.”

The ruling is helpful to former President Donald J. Trump, establishing as it does that immunity can be expansive, lives on after a president leaves office and extends to the very limits of what may be said to be official conduct.

But the decision also falls well short of dictating the outcome in the case that is being argued on Thursday, which concerns a criminal prosecution, not a civil suit.

The 1982 case arose from a lawsuit brought by an Air Force analyst, A. Ernest Fitzgerald, who said he was fired in 1970 in retaliation for his criticism of cost overruns. By the time the Supreme Court acted, Nixon had been out of office for several years.

“In view of the special nature of the president’s constitutional office and functions,” Justice Lewis F. Powell Jr. wrote for the majority 5-to-4 decision, “we think it appropriate to recognize absolute presidential immunity from damages liability” for Nixon’s official conduct, broadly defined.

But the decision drew a sharp line between civil suits, which it said can be abusive and harassing, and criminal prosecutions like the one Mr. Trump is facing.

“In view of the visibility of his office and the effect of his actions on countless people, the president would be an easily identifiable target for suits for civil damages,” Justice Powell wrote, adding, “The court has recognized before that there is a lesser public interest in actions for civil damages than, for example, in criminal prosecutions.”

Chief Justice Warren E. Burger underscored the point in a concurring opinion. “The immunity is limited to civil damages claims,” he wrote.

Even in the context of civil suits, Nixon v. Fitzgerald conferred immunity only on conduct within the “outer perimeter” of a president’s official duties. Jack Smith, the special counsel, has said that Mr. Trump’s efforts to subvert democracy are well outside that line.

Student loan forgiveness: What you need to know before April 30

To be eligible for cancellation of your debt, you might have to first consolidate your loans., by noreen o'donnell • published april 28, 2024 • updated on april 29, 2024 at 10:33 am.

A key deadline is approaching fast for an opportunity for a student loan cancellation. 

If you are a federal student loan borrower you could have the chance to receive a full cancellation of your debt or credit towards cancellation through a one-time U.S. Department of Education payment-count adjustment. But to be eligible you might have to first consolidate your loans.  

And you must take that step by Tuesday, April 30.

The Biden administration is cancelling federal student debt for millions of undergraduate or graduate students and providing some relief to millions of others. In all more than 30 million Americans will benefit, according to NBC News.

Get Connecticut local news, weather forecasts and entertainment stories to your inbox. Sign up for NBC Connecticut newsletters.

More than four million borrowers will have the full amount of their student debt cancelled, 10 million will be eligible for at least $5,000 in debt relief and 23 million borrowers will see their accrued interest eliminated.

The U.S. Department of Education will make the one-time adjustment over summer.

Here’s what you need to know.

US & World

As more borrowers qualify for student loan forgiveness, incoming college freshmen are set to rack up $37,000 in new debt, report finds

Here's why Biden administration believes new student loan forgiveness plan will survive legal challenges

40-year-old delivers for DoorDash to help pay down her $100,000 student loan debt—on top of her full-time job

What loans must be consolidated.

If you have any of the federally managed loans that are listed here, you must consolidate them to get the most credit toward loan cancellation.

• Commercially held Federal Education Loans or FFELs.
• Parent PLUS loans
• Perkins loans
• Health Education Assistance Loan Program or HEAL loans

If you are not sure about what kind of loan you have, log in to your account at StudentAid.gov or call the U.S. Department of Education’s Federal Student Aid Information Center at 1-800-433-3243.

Your new Direct Consolidation Loan will be eligible for the one-time adjustment this summer.

When is the deadline to consolidate? 

Tuesday, April 30.

In the News

Student loan borrowers could have up to $20,000 in interest forgiven as early as this fall—here's who qualifies

Millions of older adults with student debt are at risk of losing some Social Security benefits, lawmakers warn

Women with student loan debt face ‘multiple financial pressures,' expert says. These tips may help with repayment

How do i apply to consolidate my loans.

Sign on to StudentAid.gov/loan-consolidation to choose the loans you want to consolidate and determine a monthly repayment plan for your new loan. You can also get help at the Federal Student Aid Information Center at 1-800-433-3243.

There is no application fee. 

Some special details about Parent PLUS loans

If you have made at least 25 years or 300 months of repayment toward your Parent PLUS loan managed by the U.S. Department of Education, your loan will be cancelled automatically as part of the one-time adjustment. Otherwise you should consolidate the loan.

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5 Big Challenges Facing K-12 Education Today—And Ideas for Tackling Them

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Big Ideas is Education Week’s annual special report that brings the expertise of our newsroom to bear on the challenges educators are facing in classrooms, schools, and districts.

In the report , EdWeek reporters ask hard questions about K-12 education’s biggest issues and offer insights based on their extensive coverage and expertise.

The goal is to question the status quo and explore opportunities to help build a better, more just learning environment for all students.

In the 2023 edition , our newsroom sought to dig deeper into new and persistent challenges. Our reporters consider some of the big questions facing the field: Why is teacher pay so stubbornly stalled? What should reading instruction look like? How do we integrate—or even think about—AI? What does it mean for parents to be involved in the decisionmaking around classroom curriculum? And, perhaps the most existential, what does it mean for schools to be “public”?

The reported essays below tackle these vexing and pressing questions. We hope they offer fodder for robust discussions.

To see how your fellow educator peers are feeling about a number of these issues, we invite you to explore the EdWeek Research Center’s survey of more than 1,000 teachers and school and district leaders .

Please connect with us on social media by using #K12BigIdeas or by emailing [email protected].

1. What Does It Actually Mean for Schools to Be Public?

Over years of covering school finance, Mark Lieberman keep running up against one nagging question: Does the way we pay for public schools inherently contradict what we understand the goal of public education to be? Read more →

2. Public Schools Rely on Underpaid Female Labor. It’s Not Sustainable

School districts are still operating largely as if the labor market for women hasn’t changed in the last half century, writes Alyson Klein. Read more →

3. Parents’ Rights Groups Have Mobilized. What Does It Mean for Students?

Libby Stanford has been covering the parents’ rights groups that have led the charge to limit teaching about race, sexuality, and gender. In her essay, she explores what happens to students who miss out on that instruction. Read more→

4. To Move Past the Reading Wars, We Must Understand Where They Started

When it comes to reading instruction, we keep having the same fights over and over again, writes Sarah Schwartz. That’s because, she says, we have a fundamental divide about what reading is and how to study it. Read more→

5. No, AI Won’t Destroy Education. But We Should Be Skeptical

Lauraine Langreo makes the case for using AI to benefit teaching and learning while being aware of its potential downsides. Read more→

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Politics latest: Scottish government survives no confidence vote - as top Tory told off for unflattering nickname

The Scottish government has survived a vote of no confidence ahead of an SNP leadership contest, triggered by Humza Yousaf's resignation. Down in Westminster, Rishi Sunak has welcomed Boris Johnson's campaigning for Tory candidates in tomorrow's local elections.

Wednesday 1 May 2024 16:00, UK

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• Scottish government survives confidence vote
• Yousaf denies he was victim of plot to oust him
• Contest for new first minister explained | Why Yousaf resigned
• First illegal migrants bound for Rwanda detained
• PM welcomes Johnson's campaigning for Tory candidates
• Sam Coates: I've got to apologise after today's PMQs
• Local elections:  All you need to know about this week's votes
• Live reporting by Faith Ridler and (earlier)  Charlotte Chelsom-Pill

By Jenness Mitchell , Scotland reporter

John Swinney is a name that has kept coming up since Humza Yousaf announced his resignation as SNP leader and Scottish first minister this week.

He's received the backing of party heavyweights like Stephen Flynn and Ian Blackford, and was the first to announce he's giving "very careful consideration" to running for the leadership.

Speaking to Sky News, Mr Swinney said: "I'm giving very careful consideration to standing to be the leader of the SNP.

"I've been somewhat overwhelmed by the requests that have been made of me to do that, with many, many messages from many colleagues across the party."

There and back again?

Mr Swinney stood down as deputy first minister following Ms Sturgeon's shock resignation in 2023.

The former SNP leader, who resigned from that post in 2004 following poor European Parliament election results, is clearly tempted to once again step into the spotlight following his year on the backbenches.

The MSP for Perthshire North, who was finance secretary under Alex Salmond's government, has the experience to hold the fort following Mr Yousaf's departure.

He ruled himself out of the 2023 leadership race, citing that he had to put his young family first.

Mr Swinney said he's got "lots of things to think about".

He added: "There's the whole question of my family. And I have to make sure that I do the right thing by my family, they are precious to me.

"I have to do the right thing by my party and by my country. So, there's lots to be thought about, and I'll give all of that consideration in the days to come."

By Ashish Joshi , health correspondent

The infected blood compensation scheme is to be extended to bereaved children who have lost one or two parents, Sky News understands.

This group has not been involved in the interim compensation scheme previously paid to victims of the scandal.

Tony Farrugia, who lost his haemophiliac father (and two uncles) to HIV/AIDs after being treated with infected blood products, described his meeting with the Paymaster General John Glen on Wednesday as "emotional".

Mr Farrugia said this significant moment "wasn't just about the money but that his loss has finally been recognised".

He will now be able to apply to the compensation scheme after Sir Brian Langstaff's report is published on 20 May.

You can read more from Sky News here:

Nominations have now opened in the SNP leadership contest to find a replacement for First Minister Humza Yousaf after he announced he was stepping down.

Senior figures have backed former deputy first minister John Swinney for the top job, while a smaller number of the party's parliamentarians have backed former finance secretary Kate Forbes.

Mr Yousaf has said he will stay on to allow a successor to be chosen.

How does the contest work?

The SNP's national secretary announced nominations had opened Monday at 11.59pm.

They will close next Monday.

Prospective candidates will need to gain the support of 100 members from 20 different SNP branches in order to qualify for the contest.

What happens next?

Whoever wins the contest will then need to be able to win enough votes in Holyrood to be elected first minister.

The SNP needs just two votes to secure an overall majority.

The most likely backers for the SNP would be the Greens, given both parties are pro-independence.

However, the Greens announced last week they would not support the first minister in a confidence vote after Mr Yousaf scrapped the powersharing agreement between the party and the SNP, which eventually led to his political downfall.

The Scottish government has survived a motion of no confidence brought by Scottish Labour.

The motion was defeated by 70 votes to 58.

Despite having the backing of the Scottish Tories and Liberal Democrats, the motion did not have the support of the Scottish Greens.

Scottish Labour pressed ahead with its motion despite Humza Yousaf announcing his resignation as SNP leader and first minister earlier this week. 

Douglas Ross, the leader of the Scottish Tories, just caused a ruckus in Holyrood after launching an attack on could-be SNP leaders John Swinney and Kate Forbes.

He begins by pointing to Ms Forbes' claim that she would want to hold an independence referendum within three months of a general election.

Mr Ross says she is "an even more radical nationalist" than Nicola Sturgeon and Humza Yousaf.

Turning to Mr Swinney, Mr Ross refers to him as "honest John".

This doesn't impress the presiding officer, who tells him: "We do not use nicknames in the chamber."

Mr Ross quips: "I thought it was on accuracy because it would be not-so honest John with some of the things we've heard recently."

He is told to apologise as an uproar sounds in the chamber, but he refuses twice.

Asked a third time, he says he is "very sorry" for any upset caused.

Responding, outgoing first minister Humza Yousaf is on his feet in Holyrood.

Mr Yousaf resigned from the role this week after just a year in the top job, kicking off a leadership election for the Scottish National Party.

He criticises Anas Sarwar for launching an "attack" on potential candidates John Swinney and Kate Forbes, joking it was the "fastest Labour U-turn" after claiming the no confidence motion was not personal.

Mr Yousaf says: "Every single member of this Scottish Parliament… they are all elected, let's not cast any doubt on that.

"When it comes to attacking my colleagues… let me remind Anas Sarwar that when they put themselves up for the vote, up to the people's verdict… they won.

"Unlike Anas Sarwar. So let's not talk about unelected vs elected."

Mr Yousaf says he is sure the motion of no confidence will be "defeated".

He adds that, as a government, he is "exceptionally proud of our choices".

At the Scottish Parliament, MSPs are debating a motion of no confidence.

Anas Sarwar, the leader of Scottish Labour, begins by thanking Humza Yousaf for his public service, after news he has resigned as leader of the Scottish National Party.

But Mr Sarwar says: "For me and Labour this has never been about just one person."

Instead, he says this is about the "future", with Scotland in need of "competent" leadership "to take on the twin crises facing our nation.

"An economic crisis and an NHS crisis. And I have no confidence in the SNP's ability to deliver that."

Mr Sarwar puts forward two arguments - that the SNP are "chaotic" and "divided", and that it "can't deliver competent government".

"I don't believe that changes if you merely change the face at the top."

He points to the two most likely candidates to replace Mr Yousaf, John Swinney and Kate Forbes, saying there are reports members would actively try to stop the latter from forming a government.

This would cause "more chaos", the Scottish Labour leader says.

He goes on to say that "it should be for the people to decide who leads our country, not a backroom deal, not a staged coronation by a group of SNP members".

The debate on the motion of no confidence in the Scottish government is getting started in Holyrood. 

Scottish Labour is pressing ahead with its motion despite Humza Yousaf announcing his resignation as SNP leader and first minister earlier this week. 

The debate is expected to last about half an hour and will be followed immediately by a vote.

If the motion passes, all ministers in the minority SNP government will be forced to quit.

The Scottish parliament will then have 28 days to appoint a new first minister, failing which, a snap election would be called.

Despite having the backing of the Scottish Tories and Liberal Democrats, it is not expected to pass as it does not have the support of the Scottish Greens.

The Greens were unceremoniously dumped out of the coalition by Mr Yousaf, prompting a fallout which led to his resignation.

Scottish Labour leader Anas Sarwar has brought the motion, and we're expecting the result of the vote at around 3.30pm.

By Faye Brown , political reporter

The fact a failed asylum seeker volunteered to go to Rwanda demonstrates that claims the country is not safe are "untrue", Kemi Badenoch has said.

The business secretary also declared there is no "cost-free option" on border security, as she defended the "minimal" price tag of sending migrants there.

An unnamed man was sent on a commercial flight to Rwanda on Monday after being offered up to £3,000 in financial aid to help with relocation costs.

He is the first person to have moved to the east African country under a voluntary returns scheme for those who have gone through the asylum process and had permission to stay in the UK rejected.

This voluntary scheme, which was widened to include Rwanda earlier this year, is separate from the government's controversial plan to forcibly deport those arriving via small boats in the English Channel to the African country - a policy that came into law last weekfollowing two years of setbacks.

Critics have branded the voluntary removal an "extortionate pre-election gimmick" and a "con" that "won't stop the boats".

However, speaking on Sky News, Ms Badenoch sought to paint it as a victory for the government's wider migration policy, saying: "I'm pleased that we've finally seen one person going to Rwanda.

"Yes, this is under the voluntary scheme, but this also shows the point about Rwanda not being safe to be untrue because people are volunteering to go."

Read more here:

Boris Johnson is "welcome" to campaign for Conservative candidates, the prime minister's spokesperson has said, as Sky News reveals the Tory mayor of the West Midlands is sending voters an endorsement from the former prime minister. 

Sky's deputy political editor Sam Coates says Andy Street's campaign team is sending out literature with pictures of him and Mr Johnson, which openly admits problems with the Conservatives' reputation ( see post at 11am ).

Meanwhile, his campaign website makes no mention of Rishi Sunak on its homepage and is coloured in green rather than Conservative blue. 

West Midlands race 'very important'

Sam says it suggests the mayor is trying to run on his credentials as an independent campaigner rather than under the unpopular Tory brand.

Asked how the prime minister feels about northern mayors appearing to distance themselves from him, while highlighting an alliance with Mr Johnson, the spokesperson said "of course we would welcome" Mr Johnson's involvement in any campaigns.

"When you look at the absolute mess that Labour have made of Birmingham City Council, pretty much driven it to bankruptcy, it's no surprise that Conservatives think this race is, absolutely, very important." 

The other candidates in the West Midlands are:

• Siobhan Harper-Nunes, Greens;
• Richard Parker, Labour;
• Sunny Virk, Lib Dems;
• Elaine Ruth Williams, Reform;
• Akhmed Yakoob, independent.

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