Ethics
Kathleen S. Whittier
7/1/2016
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Introduction

“Professional advocacy disposition is
moral and ethical behavior in pursuing
the best interests of children with
disabilities and their families” (Fiedler,
2000, p. 31).


“Ethics concerns what kind of actions
are right or wrong, what kind of life is a
good life or what kind of person is a
good person” (Strike & Soltis, 1992, p.
5).
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Ethics
•
guides
• standards
• tell us what we ought to do or not do
• involve value
• discern moral obligation to others
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
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Moral standards
of advocates have
been manifested
in the rights they
have sought to
assure.
4
Basic rights cherished by
all U.S. citizens
&
Value privacy
&
Equal access (government
sponsored programs)
Protection from inhumane treatment
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Subjective rights:


Extraordinary care that “may” result in
accelerated cognitive development.
More modest educational services that
are less costly but sustain marginal
progress
Rights of one in conflict with others (e.g.
aggressive children’s FAPE v. other
children’s right to be protected from
harm)
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Ethical Treatment Under
the Law
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Constitution guarantees individuals
“certain unalienable rights”

Life

Liberty

Pursuit of happiness
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Standard presumption

Cobb (1973) - unless there is
sufficient evidence to support the
revocation of those rights
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Negative presumption

arises when a disability is present –
individual is assumed not to have rights
until proven worthy


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This violates constitutional and social
standards for citizens of this country
process of law mandates professionals mist
hold an ethical standard that all citizens are
entitled to constitutional guarantees
without presumption of eligibility
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BASIC RIGHTS
I. The basic rights that a person with retardation shares with his or her nondisabled peers include . . . those implied in "life, liberty, and the pursuit of
happiness" . . .
A. The right to freedom of choice within the individual's capacity to make
decisions and within the limitations imposed on all persons.
B. The right to live in the least restrictive individually appropriate environment.
C. The right to gainful employment, and to a fair day's pay for a fair day's labor.
D. The right to be part of a family.
E. The right to marry and have a family.
F. The right to freedom of movement, hence not to be interned without just
cause and due process of law, including the right not to be permanently
deprived of liberty by institutionalization in lieu of improvement.
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SPECIFIC EXTENSIONS
(OF BASIC RIGHTS)
A.
B.
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The right to a publicly supported and
administered comprehensive and integrated
set of habilitative programs and services
designed to minimize disability or disabilities.
The right to a publicly supported and
administered program of training and
education including, but not restricted to,
basic academic and interpersonal skills.
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Right to Liberty


Attention has been called to the denial of
liberty itself. Confinement to an institution
necessarily involves restriction of the
fundamental right to Liberty, the right to
travel, to free association and to privacy.
Once institutionalized, other rights that may
be affected are those of habilitation, sexual
expression and even protection from harm.
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
The most blatant infringement on liberty has
been the practice of indefinite commitment to
an institution of a person charged with a
crime but found incompetent to stand trial
and defend him/herself. The law does not
proceed. For persons with mental retardation
recovery is not presumed thus the internment
becomes permanent.
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Jackson v Indiana - Jackson was a 27 year old
deaf-mute a mental age of about 4 years and no
ability to communicate apart from limited sign.
Charged with two counts of larceny - purse
snatching and stealing property worth $9.00.
Found incompetent to stand trial he was
committed to a mental hospital until he should
become competent. Although maximum
sentence for these misdemeanors if he had been
convicted was 6 months. He had already been
confined for three years and would have
probably remained there if the Supreme Court
had not heard his case.
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The court ruled: A person charged by the state with criminal
offense who is committed solely on account of his
incapacity to proceed to trial cannot held more than
reasonable period of time necessary to determine whether
there is a substantial probability that he will attain the
capacity in the foreseeable future. If it is determined that
this is not the case, then the State must either institute
the customary civil commitment procedure that would be
required to commit indefinitely any other citizen, or
release the defendant. Since Jackson’s prior adjustment
had shown that he was able to live independently and, at
least on that ground, was not committable to an
institution for the retarded, nor was he proven to a danger
to others (in court), he was released.
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Relationship between Law
and ethics
• laws maybe subject to criticism based on
external ethical standards
• since laws are general in their construction
need exists for individual ethical deliberations
to provide guidance for specific decisionmaking
• even well established laws (needing no
interpretation) assume an ethical commitment
to abide its mandates
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Professional Ethical Codes
• training in ethics during preservice
preparation
• knowledge of ethics in order to
obtain a professional license
• strict enforcement mechanisms for
violations of ethical code
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
Professional
ethics are “a
shared process of
critical reflection
upon our
obligation as
professionals”
(Feenet & Kipnis,
1985, p. 55).
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Why are Professional Ethical
Codes important:
• articulate values and
creed of a group
• enhance professional
awareness of special
duties and dangers
inherent in practice
• commitment to selfregulation of professional
members
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• demonstrates genuine
commitment to protect of
the best interest of
persons served
• willingness to accept
responsibility for
appropriate professional
conduct
• heighten sense
of professionalism
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Limitations of Professional
Ethical Codes:
• tend to be general or purposefully
vague
• provide little decision making guidance
in specific situations
• silent on appropriate course of action
when two or more principles are in
conflict
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The CEC Code of Ethics is
comprised of the following
eight principles:
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
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Special education
professionals are
committed to
developing the highest
educational and
quality’ of life
potential of
exceptional
individuals.
Special education
professionals promote
and maintain a high
level of competence
and integrity in
practicing their
profession.


Special education
professionals engage
in professional
activities which benefit
exceptional
individuals, their
families. other colleagues, students, or
research subjects.
Special education
professionals exercise
objective professional
judgment in the
practice of their
profession.
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

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Special education
professionals strive
to advance their
knowledge and skills
regarding the
education of
exceptional
individuals.
Special education
professionals work
within the standards
and policies of their
profession.
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
Special education
professionals seek to uphold and improve where
necessary the laws.
regulations, and policies
governing the delivery of
special education and
related services and the
practice of their
profession.
Special education
professionals do not condone or participate in
unethical or illegal acts.
nor violate professional
standards adopted by the
Delegate Assembly of
CEC. (CEC, 1983, p. 205)
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In the CEC Standards for
Professional Practice, six
standards pertain to special
education professional
advocacy:
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
1.5.1 Special education
professionals serve as
advocates for exceptional
persons by speaking, writing,
and acting in a variety’ of
situations on their behalf
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
1.5.1.1 Professionals continually seek to
improve government provisions for the
education of exceptional persons while
ensuring that public statements by
professionals as individuals are not construed
to represent official policy statements of the
agency by which they are employed.
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1.5.1.2
Professionals work
cooperatively with and
encourage other
professionals to improve the
provision of special education
and related services to
exceptional persons.
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1.5.1.3
Professionals document and
objectively report to their
supervisors or administrators
inadequacies in resources
and promote appropriate
corrective action.
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1.5.1.4
Professionals monitor for
inappropriate placements in
special education and
intervene at the appropriate
level to correct the condition
when such inappropriate
placements exist.
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
1.5.1.5 Professionals follow local.
state/provincial. and federal laws and
regulations which mandate a free
appropriate public education to exceptional students and the protection of
the rights of exceptional persons to
equal opportunities in our society (CEC,
1983,p. 207).
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Characteristics of Ethical
Profession
Discretion

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Candor

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
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maintain confidential information
tells truth
fully informs
empowers parents
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Competence

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recognizing own limitations
understanding professional strengths
staying within your range of competence
knowing when to decline and refer
empirically based recommendation
keeping abreast of professional
development
maintaining high levels of professional
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Fairness

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Avoidance of Dual Relationships
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do not discriminate
must maintain a primary commitment
to serve best interest of their clients
Protection
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
Allowing Autonomy

parent, child, personal empowerment
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Diligence

Respectfulness/Humaneness
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Ethical Responsibility to
Assure Privacy

Breaches of confidentiality result
from
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poor record keeping
use of multiple service providers
sharing of records
extensive data collection
passionate interest in a favorable
diagnosis and optimistic prognosis
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
Confidentiality – no one can compel
disclosure of information which has
been exchanged within a confidential
relationship.

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Attorney/client
Clergy/penitent
Physician/patient
Husband/wife
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Some states grant this privilege to
teachers, psychologist, and counselors

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
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Michigan most complete protection
Nevada immunity from testifying
South Dakota immunity to counselors only
Montana “anyone who teaches psychology or is
engaged in the observation of child mentality”
Delaware, Idaho, Indiana, Maine, Maryland, North
Carolina, Oklahoma, Oregon, Pennsylvania, South
Carolina, South Dakota, and Washington
47 states and District of Columbia have privilege
communication statutes for psychologists
28 states have privilege communication statutes
for social workers
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The Buckley Amendment of P.L. 93-38
– Family Rights and Privacy Act of 1974

Binds the school to restrict access
to student information.
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
Parents and students over the age of 18
have right to
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inspect and review any educational records
relating to their child maintained by the
school district
Request that they be amended if there is a
disagreement over their content
Have records interpreted and explained
Receive copies of records for a reasonable
copying fee
40

Parental written permission must be
obtained prior to any records being
disseminated to a third party
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A log must be kept of any such
dissemination
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
School district must take steps to
ensure that personally identifiable
information is not disclosed and that
confidentiality of records are
maintained
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Educational Records



Personal logs – instructional, supervisory,
administrative, and associated educational
personnel in sole possession of the maker of
the record
Treatment records- physician, psychiatrist,
psychologist, or other recognized professional
Directory information
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Exceptions:

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To school officials with legitimate
educational interests
To comply with a judicial order or
lawfully issued subpoena
To authorized federal, state, and local
officials in connection with audit and
evaluation
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In connection with an emergency (to
protect health and safety)
To parents of an adult pupil who is a
dependent of parent for federal income
tax purposes
To officials of other schools in which
student seeks enrollment
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In connection with student’s application
for financial aid
To organizations conducting certain
education-related studies (no identifiers
and information is destroyed when no
longer needed)
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