A Legislation refers to the entire process of making laws, including laws that have been passed by parliament to serve a specific purpose within a society or country. Thus, legal responsibility means specific duties and personal obligations imposed upon an individual by a court order or the Powers of Attorney to care for (Law Insider, 2021). Some examples of legal responsibilities include the duty of care, candor, vote, warn, rescue, defend, report felony, and retreat, among others. Some of the areas in the US where legislation and legal responsibility have been applied include the federal and state protection provided to special populations and the accompanying legal responsibilities and liabilities of education professionals.
One of the legislations protecting special populations in the US is the Americans with Disabilities Act (ADA), which discourages any form of discrimination against disabled people by guaranteeing equal opportunities for individuals living with disabilities in transport, public utilities, state and local government services, employment, and telecommunications (Lee, 2019). The legal responsibility of the Americans with Disabilities Act is to support special populations, which encompass the citizens at the federal and state levels that have to overcome hinderances that may ask for special attention and consideration to achieve equal opportunities within the American Society. For instance, the Office of Elementary and Secondary Education has rolled out programs meant to support special populations by providing support that ensures they have equal access to educational resources and opportunities (2020). Within the need to protect special populations, the US Department of Education runs support programs to enhance the ability of states, districts, and other organizations to fulfil the needs of students living with disabilities.
Among such programs under the federal and state protections offered to special populations include the Office of Indian Education (OIE), which offers financial and technical support alongside policies to support special academic needs among the American Indians and Alaska Natives (Office of Elementary and Secondary Education, 2020). The Office of Special Education Programs (OSEP) also supports programs designed to fulfil the needs and help disabled children achieve their full potential. Through OSEP, there has been a reduction in dependency while enhancing the productive capabilities of disabled Youths and adults. The organization also supports research meant to uplift the lives of the disabled regardless of their age as part of the extended legal responsibility of ADA.
Furthermore, education professionals such as teachers have a legal responsibility to supervise students in the same manner a responsible parent would take care of the child (Gjelten, 2012). As such, education professionals have numerous responsibilities to students as stipulated under various federal, state, and local laws and regulations. Further, education professionals are expected to observe ethical standards and codes of professional responsibilities as laid down by the local school districts and education departments. Although such codes may vary, they align to the Model Care of Ethics for Educators as recommended by the National Association of State Directors of Teacher Education and Certification (Gjelten, 2012). If such educational professionals entrusted with safety and well-being fail to meet the obligations, then parents can file complaints or even sue such institutions to force change. Among the range of liabilities that may befall education professionals when they violate the legal obligations include losing their licenses temporarily or permanently.
Education professionals have liabilities that the Minnesota Supreme Court has defined in the Sheehan v. St. Peter’s Catholic School case as something teachers are responsible for (Lynch, 2020). For instance, if students are hurt because of negligence from a supervisor, their parents could pursue a personal injury lawsuit against the school. This is because such harm would have contradicted the obligation of teachers to supervise students in the same way a responsible parent would. Besides, the education professionals have the responsibility to protect the privacy of school records under both state and federal law to ensure that education professionals have parental consent before revealing information from students’ records (Gjelten, 2012). Moreover, teachers end up learning things about students that might not be in the records. It is thus their legal and moral responsibility to safeguard such information unless it is legally required or is necessary for the Child’s education.
Thus, as an education professional, it is important to ensure that one is well versed with both the federal and state protections provided to special populations and the legal responsibilities and liabilities of education professionals in the exercise of their professionals. To conduct my profession legally, it is key to understand that the ADA prohibits any form of discrimination against the disabled students that may fall under my care and thus treat all students in a manner that gives them equal opportunities for success. Additionally, I will ensure that I supervise students like that of a responsible parent to ensure that I do not fall victim to personal injury lawsuits that would risk the temporary or permanent withdrawal of my license. Finally, I would ensure that I work within the parameters laid by the law to support special populations and govern the practice of my profession by safeguarding any information about students that may either be captured formally or informally in the cause of my profession.
References
Gjelten, E. (2012, August 9). What are teachers’ responsibilities to their students? Find The Right Lawyer. Learn About Your Legal Issue | Lawyers.com. https://www.lawyers.com/legal-info/research/education-law/teachers-have-many-responsibilities-to-their-students.html
Law Insider. (2021). Legal responsibility definition. https://www.lawinsider.com/dictionary/legal-responsibility
Lee, A. M. (2019, October 4). IDEA, section 504, and the ADA: Which laws do what. Understood – For learning and thinking differences. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what
Lynch, M. (2020, May 9). Teacher liability: Your rights as an educator. The Edvocate. https://www.theedadvocate.org/teacher-liability-your-rights-as-an-educator/
Office of Elementary and Secondary Education. (2020, August 12). Supporting special populations. https://oese.ed.gov/resources/supporting-special-populations/
Legislation and Legal Responsibilities
A Legislation refers to the entire process of making laws, including laws that have been passed by parliament to serve a specific purpose within a society or country. Thus, legal responsibility means specific duties and personal obligations imposed upon an individual by a court order or the Powers of Attorney to care for (Law Insider, 2021). Some examples of legal responsibilities include the duty of care, candor, vote, warn, rescue, defend, report felony, and retreat, among others. Some of the areas in the US where legislation and legal responsibility have been applied include the federal and state protection provided to special populations and the accompanying legal responsibilities and liabilities of education professionals.
One of the legislations protecting special populations in the US is the Americans with Disabilities Act (ADA), which discourages any form of discrimination against disabled people by guaranteeing equal opportunities for individuals living with disabilities in transport, public utilities, state and local government services, employment, and telecommunications (Lee, 2019). The legal responsibility of the Americans with Disabilities Act is to support special populations, which encompass the citizens at the federal and state levels that have to overcome hinderances that may ask for special attention and consideration to achieve equal opportunities within the American Society. For instance, the Office of Elementary and Secondary Education has rolled out programs meant to support special populations by providing support that ensures they have equal access to educational resources and opportunities (2020). Within the need to protect special populations, the US Department of Education runs support programs to enhance the ability of states, districts, and other organizations to fulfil the needs of students living with disabilities.
Among such programs under the federal and state protections offered to special populations include the Office of Indian Education (OIE), which offers financial and technical support alongside policies to support special academic needs among the American Indians and Alaska Natives (Office of Elementary and Secondary Education, 2020). The Office of Special Education Programs (OSEP) also supports programs designed to fulfil the needs and help disabled children achieve their full potential. Through OSEP, there has been a reduction in dependency while enhancing the productive capabilities of disabled Youths and adults. The organization also supports research meant to uplift the lives of the disabled regardless of their age as part of the extended legal responsibility of ADA.
Furthermore, education professionals such as teachers have a legal responsibility to supervise students in the same manner a responsible parent would take care of the child (Gjelten, 2012). As such, education professionals have numerous responsibilities to students as stipulated under various federal, state, and local laws and regulations. Further, education professionals are expected to observe ethical standards and codes of professional responsibilities as laid down by the local school districts and education departments. Although such codes may vary, they align to the Model Care of Ethics for Educators as recommended by the National Association of State Directors of Teacher Education and Certification (Gjelten, 2012). If such educational professionals entrusted with safety and well-being fail to meet the obligations, then parents can file complaints or even sue such institutions to force change. Among the range of liabilities that may befall education professionals when they violate the legal obligations include losing their licenses temporarily or permanently.
Education professionals have liabilities that the Minnesota Supreme Court has defined in the Sheehan v. St. Peter’s Catholic School case as something teachers are responsible for (Lynch, 2020). For instance, if students are hurt because of negligence from a supervisor, their parents could pursue a personal injury lawsuit against the school. This is because such harm would have contradicted the obligation of teachers to supervise students in the same way a responsible parent would. Besides, the education professionals have the responsibility to protect the privacy of school records under both state and federal law to ensure that education professionals have parental consent before revealing information from students’ records (Gjelten, 2012). Moreover, teachers end up learning things about students that might not be in the records. It is thus their legal and moral responsibility to safeguard such information unless it is legally required or is necessary for the Child’s education.
Thus, as an education professional, it is important to ensure that one is well versed with both the federal and state protections provided to special populations and the legal responsibilities and liabilities of education professionals in the exercise of their professionals. To conduct my profession legally, it is key to understand that the ADA prohibits any form of discrimination against the disabled students that may fall under my care and thus treat all students in a manner that gives them equal opportunities for success. Additionally, I will ensure that I supervise students like that of a responsible parent to ensure that I do not fall victim to personal injury lawsuits that would risk the temporary or permanent withdrawal of my license. Finally, I would ensure that I work within the parameters laid by the law to support special populations and govern the practice of my profession by safeguarding any information about students that may either be captured formally or informally in the cause of my profession.
References
Gjelten, E. (2012, August 9). What are teachers’ responsibilities to their students? Find The Right Lawyer. Learn About Your Legal Issue | Lawyers.com. https://www.lawyers.com/legal-info/research/education-law/teachers-have-many-responsibilities-to-their-students.html
Law Insider. (2021). Legal responsibility definition. https://www.lawinsider.com/dictionary/legal-responsibility
Lee, A. M. (2019, October 4). IDEA, section 504, and the ADA: Which laws do what. Understood – For learning and thinking differences. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what
Lynch, M. (2020, May 9). Teacher liability: Your rights as an educator. The Edvocate. https://www.theedadvocate.org/teacher-liability-your-rights-as-an-educator/
Office of Elementary and Secondary Education. (2020, August 12). Supporting special populations. https://oese.ed.gov/resources/supporting-special-populations/
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