What Is the Difference between a Law and an Ethical Principle in Special Education

As a teacher, you want to carefully review the information and data collected about students. All information collected must serve a legitimate purpose for both teaching and school. The confidentiality of students` school records must be protected, and official records and confidential documents must be kept secure. In Connick v. Myers (1983), the Supreme Court again overturned a lower court decision and ruled that public servants` words are protected only when they speak on matters of public interest. The outcome of the present case has shown that the rights of public sector workers must be balanced between issues of public importance and an employer`s interest in maintaining a disruptive job vacancy. States offer a wide range of controls. They identify the minimum admission requirements for educators. States also dictate what educators in that state must do to maintain their teaching license. State laws set guidelines for how schools are organized based on funding.

The legislature and governor of each state allocate a certain amount of funding to school districts in their state. School districts then decide how these funds are spent. State legislators and courts have intervened to reduce funding disparities between the poorest and richest school districts and to better ensure equal access to education for all students. States also establish a state education agency, establish school districts throughout the state, and establish school boards for each county. State laws also help define student discipline and guidelines for due process. This judgment was later challenged in 1986, when a student used what the school called “vulgar” language in a speech at a meeting. The student was reprimanded by the school and the student sued the school on the grounds that his constitutional right to freedom of expression had been violated. The case was taken to the U.S. Supreme Court, where the Court in Bethel School District No.

403 v. Fraser (1986) concluded that a school is not required to allow offensive or disruptive speech on school grounds at a school-sanctioned event because offensive language or language interferes with the school`s educational mission and is not appropriate for a school environment. The stated objective is to ensure that students with disabilities have access to free and adequate public education (FAPE). To provide special education in the least restrictive environment possible, this means that schools must allow students with disabilities to be taught in a general education classroom where possible and to provide the necessary services that should be provided in accordance with the Individualized Education Program (IEP). This is a specific plan designed by a multidisciplinary team that involves the child`s parents. Each state must follow its respective state constitution as well as the U.S. Constitution when defining the role and responsibilities of public schools in its state. While education is the responsibility of the state, school districts have authority over their individual schools in terms of curriculum and discipline. Rights are granted to teachers in normal day-to-day operations and when they appeal complaints about things such as contracts, policies, denial of sentence or suspension. Students must also respect this power, unless it overrides a student`s constitutional rights.

The purpose of discipline is to change the behavior of a student who interferes with the learning and functioning of the school. The school has the right to uphold the rights of other students by imposing disciplinary measures if it is determined that the application of the law is fair and appropriate and supports the educational process. ADA is the abbreviation for the Americans with Disabilities Act. This law makes it illegal to discriminate against a person with a disability or disability. ADA applies to all areas of life, from the education system to the workplace to public places such as various businesses and restaurants. ADA protects against anyone with “a physical or mental disability that significantly restricts a person or group of activities of life.” These activities may include things like seeing, hearing, eating, reading, concentrating, learning, thinking, and communicating, but the ADA does not cover students` home environment (Lee, 2014-2018). By ethics, we mean the branch of moral philosophy that informs people about what is good or bad. It is a collection of basic concepts and principles of an ideal human character. Principles help us make decisions about what is right or wrong. It informs us how to act in a particular situation and make a judgment to make better decisions for ourselves.

Deals with civil rights, equal protection and due process, especially for freed slaves. Adopted in 1868. School administrators must be aware of students` constitutional rights and protect those freedoms. Schools may impose certain restrictions on freedom of speech and expression, but at the same time, they must also be aware of student diversity and cultural differences, as well as gender differences and economic inequalities. As you learned from this activity, there is not always an appropriate “answer” to a particular situation. A code of ethics provides moral standards to help guide your decision-making and pedagogical practice. It helps with what you should do. There are no specific instructions on what to do or even how to do it.

The objective of IDEIA is to ensure equal opportunities in the education and protection of students. .