Ethical Position Paper 1

Ethical Position Paper

Mary Brownrigg

Saginaw Valley State University

Ethical Position Paper 2

Ethical Position Paper

Mary Brownrigg

Saginaw Valley State University

Inclusion is one of the biggest controversies and ethical dilemmas that the United

States has faced. Every students deserves the equal opportunity of a free and

appropriate education which includes students who have disabilities. Students with

disabilities have the right to be integrated with other students in publicly supported

activities with their peers who are not disabled. It is important to remember however that

inclusion is not a law or a legal requirement. It is a legal notion for equality to all

students (Taylor, 2011). There are two laws that give the right to students with

disabilities a free and appropriate education. These laws are the Individual with

Disabilities Education Act (IDEA), and Section 504. IDEA is the law that lets students

who have disabilities be allowed in the same classroom with peers without disabilities to

greatest extent possible. This would also be called least restrictive environment.

Section 504 is a law that states that if your child has a physical or mental disability, that

limits more than one life function, then that child might be allowed accommodations at

school. Both laws allow schools to receive extra funds if they have a student with

special needs. This then allows the school to provide special accommodations for the

students with special needs so they can be included with their general education peers

in different activities including academic and social activities.

Ethical Position Paper 3

There have been several important cases that have helped students with special

needs to be included in their peers in general education school day. The first case and

probably the most important special education case in America is the case of Board of

Education v. Rowley. In this case, it was about a student named Amy Rowley who was

deaf. Her parents did not think she was getting a free and appropriate education

because they thought she needed a certified sign language interpreter with her all day

at school. The school said that they thought she did not need this interpreter because

she was doing well and passing her grades without the interpreter. However, in this

case it is explained that Amy has not been learning as much and has not progressed

like the rest of the students in the classroom without a disability. The court ruled that

Amy was obviously not getting her free and appropriate education because certain

accommodations to help improve her education were not being implemented for her.

This case eventually helped create inclusion in the schools for students with disabilities

and created least restrictive environment for all students. Least restrictive environment

is when a student is placed in a classroom that best suits their needs and is most

beneficial for them. This classroom gives them the most support for them to succeed.

The Board of Education v. Rowley has been cited by more than 3,279 other cases

(Weber 2012). Now, this case has been a huge case in history that most students are

not in center based schools anymore and are being included in their general education

school so they are able to interact socially and academically with their peers who do not

have disabilities.

Another important case in American history to help students with disabilities be

integrated into their general education school and fight for a free and appropriate
Ethical Position Paper 4

education was the case of Carter Vs. Florence County. This case was about Shannon

Carter, who attended the first grade in the public schools in this county. She then

switched to a private school which she then repeated first grade and complete through

6th grade. For 7th grade, she returned to Florence County Public Schools and

performed poorly. However, she was test twice and it was concluded that she did not

qualify as learning disabled. By 9th grade, Shannon was having academic difficuluties

and it became very evident. She was tested again and it was deteremined that she did

have a learning disabilitiy. When Shannons IEP was drawn up, her parents did not

approve it because Shannon would be with students who have mental disabilities and

severe emotionally disabled students in the resource room at the school. Overall, the

parents did not agree on the IEP and requested a due process hearing. Meanwhile,

Shannons parents removed her from the school and enrolled her into a private school

for students who were learning disabled. By the end of the case, Shannon graduated

from the private school and her parents wanted to be reimbursed for the tuition money

they had to spend for Shannon to get an appropriate education (Zirkel 1994). This case

shows the importance of these legal cases not being so time consuming. If the courts

would have made a decision on this case, Shannons parents might not have had to

send their child to special school and paid out money for tuition. It should have been

settled faster then what it was.

Inclusion has several positive and negative positions when looking at the

argument. Some positive attributes of inclusion are that they can create friendships and

special bonds between students. It is also important for students who do not have any

disabilities to learn and know about disabilities. This will help them understand what
Ethical Position Paper 5

disabilities are and not be scared if they see someone who has a disability. They are

also able to work with these students, create relationships and special bonds, and are

able to get rid of the stereotypes and stigmas of people who have disabilities. Also, for

students who do not have disabilities are able to be role models for the students who

have disabilities. They could be role models in the areas of academics, socially, and

behaviorally.

On the other side, there are so negative sides to students who have disabilities

being integrated with their peers that are not disabled. One of the biggest issue that

people have with inclusion is that it is leaving teachers not able or trained to

accommodate the students who have disabilities and that the students with disabilities

are disrupting the other students who are not disabled. Inclusion is reducing the

amount of time of learning for the other students because the teacher has to focus their

attention more on the students with disabilities. Also, students who are in the general

education classroom without disabilities could learn these inappropriate behaviors from

the other students who have special needs.

I think that students who have special needs deserve and have the right for

inclusion, but in the least restrictive environment. This means that if they are able to

learn in the general education classroom with some accommodations, then they should

be able to. They have the right for free and appropriate education. But, if they would be

better to be placed in a resource room and have other classes that they can socially

interact with their peers, then that might be more beneficial. The schools need to look

at what is the most beneficial for the student and where they will succeed the most in.
Ethical Position Paper 6

There are some cons of inclusion that do need to be addressed. One of the

biggest cons out there are that the general education teacher will be spending more

time with the student who has a disability and not having the means or accommodations

to support their learning. It is the students right to be in that classroom and receive the

opportunity like all of the other students for an education. The school receives money

every year for that child to be in the classroom and to implement accommodations for

that student. All accommodations should be stated in the students IEP, and if it is, then

it needs to be followed. That school receives money towards the accommodations for

the student.

Another con that needs to be addressed is for the other students in the

classroom will be distracted and disrupted by the other students who have disabilities in

the classroom. This is where the teacher needs to teach the other students in the

classroom to help their peers. Create the relationships between the students so the

students with disabilities can look up to their peers and see how they behave and learn

from them. Teachers could pair students up with students who have disabilities. This

could help both students to create a bond and learn from each other. This is a learning

experience not only for the student who has disabilities, but for the student who is not

disabled. There should also be rules in the classroom where all students have to follow,

including the students who have disabilities. No exception for the student who has

disabilities, unless they have a behavior plan in place. The level of turbulence in this

ethical dilemma is moderate. Moderate is the level of turbulence because it is

widespread.
Ethical Position Paper 7

In conclusion, inclusion is very important to have in the school system. There are

many factors that are beneficial to not only the students who have disabilities, but

students who are not disabled. In the cases of Board of Education v. Rowley and

Carter vs. Florence County helped create least restrictive environment and help the

understanding of the law of IDEA. It also helped people understand that students with

disabilities have the right to a free and appropriate education and should be placed in a

classroom with accommodations. These accommodations should be written in their IEP

and followed. Inclusion is very beneficial, but only if it is followed the correct way and

the accommodations for the students are implemented correctly. General education

students can also learn a lot from their peers who have disabilities.
Ethical Position Paper 8

References

Taylor, K. R. (2011). Inclusion and the Law: Two LawsIDEA and Section 504

support inclusion in schools. Education Digest,76(9), 48-51.

Weber, M. C. (2012). Foreword: Board of Education v. Rowley After Thirty

Years. Journal Of Law & Education, 41(1), 1-4.

Zirkel, P. A. (1994). A somewhat ironic decision. Phi Delta Kappan, 75497-499.