Ethical and Legal Rights of Learners with Exceptionalities, their Parents, and Educators
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Introduction
My future personal teaching practice as an educator should above all aim to serve as an advocate for learners with exceptionalities. The practice will aim to influence existing public policy affecting all stakeholders in the promotion of special education learning at all levels. The policies in place should be relevant and offer appropriate responses by influencing legislation at the local, state, and federal levels. The Council for Exceptional Children (CEC) standards provide appropriate guidelines for implementing special education programs aimed at learners with exceptionalities. It is vital to recognize that children with exceptionalities should have full enjoyment of all human rights and fundamental freedoms on an equal basis as other children.
Rights, Roles, and Responsibilities of Students
In the Act to support Americans with exceptionalities otherwise commonly referred to as ADA, it requires every education institution including those governed privately to implement specific standards (Naclerio, 2017). It forbids learning centers from denying services, activities, and curriculums to learners with exceptionalities. It further prohibits discrimination against students with any form of exceptionality. The Rehabilitation Act, section 504, a civil guarantees decree protects against non-discrimination of students with exceptionalities on top of providing reasonable accommodations (Giuliani, 2012). The reasonable accommodations include preferential seating, no time limits on tests, homework modifications, and availing any special services required by the students.
From a student perspective, the laws are essential during evaluation to determine the individualized needs and services required. Furthermore, it supports decision making on the special education program to be availed. The evaluation entails educational testing, psychological testing, occupational therapy, speech and language tests, and behavioral analysis (Aron and Loprest, 2012).
According to Revillard and Hamilton (2017), all children are generally marginalized. However, those with any form of exceptionality face increased discrimination. They are at a greater risk of discrimination owing to them being minors with exceptionalities resulting in marginalization, exploitation, and abuse. If relevant regulations and guidelines do not safeguard these vulnerable children, they may be deprived guarantees and protections embedded in the Convention on the Rights of Persons with Disabilities (CRPD) (Giuliani, 2012). In the CRPD, all learners with exceptionalities are guaranteed rights of survival, appropriate standards of living, and health.
Rights, Roles, and Responsibilities of Parents
As a parent, it is absolutely necessary to demand an assessment on their child to determine the personalized learning and services they require. There are procedures a parent should follow to determine the needs to pursue on behalf of a child with exceptionalities, if they are to access special education and related services. The parents should discuss with the child’s teachers to share any concerns, request an evaluation from the study team, and even further evaluation by an independent professional.
The parent should submit written requests ensuring they keep personal records for themselves. They should note the dates of the requests by maintaining careful records. The records should include any observations offered by the child’s teachers such as notes, letters, and reports. Thusly, presenting the child for an evaluation will influence their eligibility for different services on offer.
Some of the services available include physical therapy, availing of classroom aides, occupational therapy; and language and cognitive therapy. The primary assessors to determine whether learners with exceptionalities are eligible for the services on offer are the parents and guardians. One important issue the parents should note is that the school’s evaluation team decision is not final. They possess the legal right to dispute the results instituting an appeal process. The school has the mandate to provide assistance on the appeal process.
Children with exceptionalities are allowed to certain privileges and amenities within the learning settings guaranteed under federal and state laws and policies. The parent should be the prime advocate for the child. They should be proactive to initiate the process to ensure their exceptional child is accorded proper amenities (Riser-Kositsky, 2019).
Although the process can be confusing and intimidating, the parent should request the school district’s section 504 plan. The parent can reach out to the education office protecting the civil rights of exceptional learners in instances where the school delays or does not respond to their requests. Finally, they can hire an attorney, if they resolve to institute an appeal process against the learning institution’s initial decision.
Standards, Roles, Responsibilities, and Rights of an Educator
There are standards recommended by the CEC for implementing a special educations program. The first standard is setting up the requisite foundations. The educator needs to understand the special educations field, special educations assessment, placement and services, diversity, and connecting personal and professional philosophies.
The second standard is understanding the development and characteristics of the learners. The educators should demonstrate respect for the student’s human rights and knowledge of differences between exceptional learners across the spectrum and their needs. They should understand the psychological, sensory, socio-emotional, physical, educational, and medical needs of learners with exceptionalities. The third standard is understanding the learning differences among the students with exceptionalities. It entails understanding the exceptional conditions, beliefs, interactions between various factors, and differentiating instructions issued and meeting individual needs.
Other standards include instructional strategies, learning settings and social interactions, communication, instructional planning, assessments, professional and ethical practice, and collaboration (Riser-Kositsky, 2019). Special needs educators should use evidence-based strategies to individualize instructions for learners. Fostering a conducive learning environment to enhance cultural understanding, safety, emotional well-being, working social interactions, and active engagement is also essential. In regards to communication, they should understand typical and atypical language development and use. They should individualize instructions and deploy multiple types of assessments to make decisions. Above all, they should be guided by ethical and professional standards of practice. Finally, they should collaborate with the parents, other educators, service providers, and personnel from other agencies to develop working frameworks to enhance the learning and welfare of exceptional learners.
Conclusion
Understanding and demonstrating knowledge of ethical and legal perspectives of teaching, especially those of learners with exceptionalities are vital for all stakeholders involved. Parents, educators, students, and policymakers should be privy to their rights, roles, and responsibilities in fostering effective special education programs. The relevant laws protect each stakeholder in safeguarding exceptional learners and availing the various accommodations they need. The analysis describes the special education rights and ethical principles that relate to the various stakeholders involved in implementing special education programs. The issues discussed will surely impact my future teaching practices by understanding and demonstrating specific principles and standards and their direct application.
References
Aron, L., & Loprest, P. (2012). Disability and the Education System. The Future of Children. 22(1), 97-122. Retrieved June 11, 2020, from www.jstor.org/stable/41475648
Giuliani, G. A. (2012). The comprehensive guide to special education law: over 400 frequently asked questions and answers every educator needs to know about the legal rights of exceptional children and their parents. London: Jessica Kingsley.
Naclerio, M. (2017). Accountability Through Procedure? Rethinking Charter School Accountability and Special Education Rights. Columbia Law Review, 117(5), 1153-1189. Retrieved June 11, 2020, from www.jstor.org/stable/44288096
Revillard, A., & Hamilton, P. (2017). Analyzing the Reception of Disability Policies: The Contribution of Biographical Interviews. Revue Française De Sociologie (English Edition), 58(1), 56-78. Retrieved June 11, 2020, from www.jstor.org/stable/26605192
Riser-Kositsky, M. (2019). Special education: Definition, statistics, and trends. Education Week. Retrieved from http://www.edweek.org/ew/issues/special-populations/
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