Module Five

Reading One - Ethics and Decision Making

This first selection comes from The Council for Exceptional Children. Their code of professional conduct is a thorough document, detailing expectations of teachers who work in special education. This is just an excerpt

CEC Standards for Professional Practice Professionals in Relation to Persons with Exceptionalities and Their Families. http://www.cec.sped.org/ps/code.html#4

Instructional Responsibilities

Special education personnel are committed to the application of professional expertise to ensure the provision of quality education for all individuals with exceptionalities. Professionals strive to:

1. Identify and use instructional methods and curricula that are appropriate to their area of professional practice and effective in meeting the individual needs of persons with exceptionalities.

2. Participate in the selection and use of appropriate instructional materials, equipment, supplies, and other resources needed in the effective practice of their profession.

3. Create safe and effective learning environments which contribute to fulfillment of needs, stimulation of learning, and self-concept.

4. Maintain class size and case loads which are conducive to meeting the individual instructional needs of individuals with exceptionalities.

5. Use assessment instruments and procedures that do not discriminate against persons with exceptionalities on the basis of race, color, creed, sex, national origin, age, political practices, family or social background, sexual orientation, or exceptionality.

6. Base grading, promotion, graduation, and/or movement out of the program on the individual goals and objectives for individuals with exceptionalities.

7. Provide accurate program data to administrators, colleagues, and parents, based on efficient and objective record keeping practices, for the purpose of decision making.

8. Maintain confidentiality of information except when information is released under specific conditions of written consent and statutory confidentiality requirements.

copyright © 1997 The Council for Exceptional Children
Last updated: July 24, 1997

This next section is the Family Educational Rights and Privacy Act (FERPA), and is also located on the Arizona Department of Education web site. It is required reading for teachers, given to parents at the beginning of each school year and a legal, as well as an ethic responsibility for educators.

Annual Notification to Parents Regarding

Confidentiality of Student Education Records

The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents or eligible students have the right to inspect and review the student's education records maintained by the school within 45 days of a request made to the school administrator. Schools are not required to provide copies of records unless it is impossible for parents or eligible students to review the records without copies. Schools may charge a fee for copies.
• Parents or eligible students have the right to request in writing that a school correct records that they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions:
• School officials with legitimate educational interest
• A school official is a person employed or contracted by the school to serve as an administrator, supervisor, teacher, or support staff member (including health staff, law enforcement personnel, attorney, auditor, or other similar roles); a person serving on the school board; or a parent or student serving on an official committee or assisting another school official in performing his or her tasks;
• A legitimate educational interest means the review of records is necessary to fulfill a professional responsibility for the school;
• Other schools to which a student is seeking to enroll;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, sports participation (including height and weight of athletes) and dates of attendance unless notified by the parents or eligible student that the school is not to disclose the information without consent.

The Individuals with Disabilities Education Act (IDEA) is a federal law that protects the rights of students with disabilities. In addition to standard school records, for children with disabilities education records could include evaluation and testing materials, medical and health information, Individualized Education Programs and related notices and consents, progress reports, materials related to disciplinary actions, and mediation agreements. Such information is gathered from a number of sources, including the student's parents and staff of the school of attendance.  Also, with parental permission, information may be gathered from additional pertinent sources, such as doctors and other health care providers. This information is collected to assure the child is identified, evaluated, and provided a Free Appropriate Public Education in accordance with state and federal special education laws.

Each agency participating under Part B of IDEA must assure that at all stages of gathering, storing, retaining and disclosing education records to third parties that it complies with the federal confidentiality laws.  In addition, the destruction of any education records of a child with a disability must be in accordance with IDEA regulatory requirements.

 For additional information or to file a complaint, you may call the federal government at (202) 260-3887 (voice) or 1-800-877-8339 (TDD) OR the Arizona Department of Education (ADE/ESS) at (602) 542-4013. Or you may contact:

This notice is available in English and Spanish on the ADE website at www.ade.az.gov/ess/resources under forms. For assistance in obtaining this notice in other languages, contact the ADE/ESS at the above phone/address.

Here are examples of the guiding principles in a social service agency, when taking a social history.

Guiding Principle 1: Individually-Centered and Flexible

Individually-centered initial assessment engages the individual in a proactive way and

takes into consideration a person’s unique life experiences and circumstances. This

may include discussing successes and challenges in learning, work and personal

experiences. Initial assessment is flexible in order to address individual and cultural differences.

Guiding Principle 2: Respectful and Confidential

Initial assessment is conducted in a culturally sensitive, non-threatening manner that is

respectful of the individual and that ensures confidentiality.

Guiding Principle 3: Based on Many Relevant Sources of Information

A sound assessment process utilizes many relevant sources of information.

Guiding Principle 4: Holistic in Nature

The needs of individuals and their families are addressed holistically, recognizing the

interconnected nature of issues and their solutions. The needs and well-being of the

individual are considered in the context of the many family, cultural and community

relationships which nurture them.

http://www.learning.gov.sk.ca/branches/programs/pdf/pub_be_intake_assessment.pdf

Go to Activity One