Educational rights are fundamental for all the children as they serve to ensure that children learn in a favorable environment. For instance, the Family Educational Right and Privacy Acts of 1974 serve to protect students’ information (Ramirez, 2008). Children with disabilities are also protected by the law under the Individuals with Disability Educational Act (IDEA). Not only are the rights of these children stipulated but also the responsibilities of their parents. Thus this paper aims at exploring the rights of parents, students and school personnel and the respective ethical considerations in each case.
The Family Education Rights and Privacy Act of 1974
The Family Education Right and Privacy Act of 1974, abbreviated as FERPA, is a US federal law which serves to protect the personally identifiable information (PII) of a student (Ramirez, 2008). In so doing, this act governs how entities such as employers, foreign government and educational institutions that are funded by the government, get access to education as well as public records of a student. Notably, all educational institutions which receive federal funding are obligated to abide by this act. According to this law, the parents whose children are below 18 years old, or the eligible students, have been given the permission to view as well as propose amendments with regards to their educational rights. Additionally, this acts states that schools are supposed to request for a written permission from the eligible students or the parents before releasing a student’s PII.
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Nevertheless, there are particular exceptions with respect to who us to be given a student’s PII without a written permission (Ramirez, 2008). They include a request made by a school in which a student’s wishes to transfer to or a legitimate request which is made by school officials. Also, in cases of directory information, that is, information which is basically considered not be invasive or harmful if released, can also be given without a written permission such as name, telephone number. However, in this case, the eligible students and parents are notified beforehand, to give them a chance to request for the information not to be disclosed.
The rights of children with disabilities and Parent Responsibilities
Children with disabilities, according to the law, have equal rights as other children to access public education without incurring extra costs (Turnbull III, 2005). Thus the public schools are supposed to be structured in a manner that they comfortably accommodate such children. According to Individuals with Disabilities Education Act, children with disabilities have a right to be educated with other children their age who are not disabled and have an access to the general education curriculum. This act requires the school to evaluate a child who is suspected of having any form f disability without any additional cost for the parent. After this, the school is supposed to provide the child with special education as well as other related services in order for them to meet the unique needs. The child also has a right to participate in other activities within the school such as in games.
Consequently, parents of children with disabilities have a responsibility to partner with the school and share relevant information that might help in the child’s education as well as development. They are also supposed to monitor the child’s progress and at some point ask for a report. If they witness some problems or changes in the child they are required to talk with the school. If the problem cannot be resolved by the school they may seek assistance from relevant authorities or use advocacy agencies to voice their issues. If unsure about particular programs within the school, parents can seek for clarification before signing any form (Turnbull III, 2005).
Ethical Considerations
Essentially, educational institutions are required by law to ensure that they uphold the right of privacy for a student (St.Olaf College, 2018). Under the FEPRA regulations, student’s information can only be shared without consent if there is a legitimate educational interest involved and which profits the student in the long run. Without this, schools are obligated not to share the information with other individuals to ensure that they do not break the law. In addition to this, the educators are bound by a code of ethics to prove educational services without discrimination and ensure that the child is learning in a healthy and safe environment. Also, the parent’s right to voice issues affecting their children should be upheld. The school should also ensure that they receive the parent's consent before taking major steps.
The role of School Social Worker in ensuring the Rights of Children with Disabilities
School social workers are members of the educational team and thus obligated to promote as well as support the social and academic success of children with disabilities by proving special services. For instance, they help in the assessment of such children through evaluations, observation, and interview to determine their special needs. They also give instructions with regards to the social, emotional as well as behavioral difficulties such a child might be facing. They also work with such students to develop coping strategies for a personal crisis (Turnbull III, 2005).
Conclusion
There are many laws which have been passed which take into consideration different aspects of children’s welfare. FEPRA protects students’ personally identifiable information to ensure that the student’s information is safeguarded. Children with disabilities rights are also protected by the law to ensure that they receive a proper education. As far as the parents are concerned, they have responsibilities to be part of their children education and development by collaborating with the school.
References
Ramirez, C.A. (2008). FERPA clear and simple: The college professionals guide to compliance . San Francisco, CA: John Wiley & Sons Inc.4.
St.Olaf College. (2018). Codes of Ethics for Educators – Education. Retrieved from https://wp.stolaf.edu/education/model-code-of-ethics-for-educators/
Turnbull III, H. R. (2005). Individuals with disabilities education act reauthorization: Accountability and personal responsibility: Remedial and Special Education , 26 (6), 320- 326.
