The legal challenges that arise for a special education teacher involve testing, labeling and placement issues. This is because before tests are administered to a student, the teacher should be able to prove that the tests are legitimate and they will not stigmatize the student. The parents or guardians of a child may feel that a teacher is discriminating against the child, or that the teacher disclosed confidential test results resulting in legal issues. The special needs teacher may also be required to take a teacher competency test if need be. The educator should be familiar with Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act.
Special education teachers may differ with regular teachers about the teaching methods and classroom procedures in the inclusion of special needs children. The special education teacher is the intermediate between the regular education teacher and the special education students, so that the special education students' learning needs are effectively met. Sometimes parents may differ with the teacher with the techniques and methods used to instruct a student. The student may refuse to follow instructions that are contrary to what his parent tells him.
A special education teacher should have appropriate teaching materials, and the physical environment should be conducive to learning for the special needs children. The furniture should be appropriately sized, sturdy and comfortable; bathrooms should be easily accessible; and classes should have sufficient space. The teacher should receive help from aides. All these requirements may be expensive. The school will often not meet these needs because of financial constraints. This makes it difficult for teachers to be able to perform their duties effectively.
Those with disabilities that include mental illnesses, emotional issues, behavior and conduct disorders are more likely to distract the class. In inclusion classes, the teacher has to ensure that the special needs students develop self-control and problem-solving ability to avoid interfering with their own education as well as that of the other students.