Subsequent litigation: In the years following the Rowley decision, many courts ruled in cases where parents sued school districts, claiming that the IEP did not provide their child with an educational benefit. In applying the two-part test, the judges had no difficulty in determining whether a school had complied with the first part of the Rowley test (the procedural requirements). However, the second part of Rowley`s test (content requirements) proved more difficult. As a result, the Circuit Court`s decisions in determining educational benefits differed significantly from judge to judge. For example, judges in two district courts have ruled that to provide FAPE, a school district must offer an IEP that is reasonably calculated to provide a “significant” educational benefit — a high standard. On the other hand, judges in six district courts have ruled that a school district is only required to offer an IEP reasonably calculated to obtain a minor educational benefit — a low standard. Companies hold copyrights, trademarks, trade secrets, service marks and patent rights for new product development. If someone entered into a contract with you and breached the contract, you need to determine the nature of the breach that occurred. If it`s a material breach, you don`t have to work on your side of the contract.
A material breach occurs when you do not receive the substantial benefit from your business. Example: You enter into a contract with a construction company for the construction of a restaurant. The construction company will leave a defect in the terrace you requested. This example represents a minor violation. You have obtained the essential advantage of your bargain, the restaurant with terrace. Therefore, you will have to pay the construction company. However, you can sue the construction company for damages to recover the money that would cost you if another company repaired the patio. A recent privacy controversy involved researchers manipulating changes to Facebook users` news feeds to examine which differences correlated with an increase in voting behavior. This example highlights the need to establish and maintain research ethics in the use of new digital platforms such as social media sites.
[34] When this study was published, the public was outraged by Facebook`s manipulation of user content and disregard for users` privacy. A New York Times article included a list of questions researchers should consider when creating a study, specifically one based on the online domain. These questions include: “What are the benefits of this test? Who will be affected? How would you feel if you were a subject of the experience? Is there a better way to achieve the same result? [35] Background: Amy Rowley, a kindergarten student with severe hearing loss, has been fully integrated into her school`s general education. During a probationary period, the school realized that it needed an FM system with a transmitter and receiver to amplify words, and that with this support, it would remain in the general education classroom. After Amy successfully completed kindergarten, an IEP was awarded for 1. Amy would remain in a general education classroom with the following supports and services: FM system, tutor lessons for one hour a day, and speech therapy for three hours a week. While the Rowleys agree with the MYP, they have requested that Amy also receive a qualified sign language interpreter. The school administration denied their request, and the Rowleys requested and obtained an impartial hearing before an independent hearing officer. After receiving testimony from both parties, the hearing officer accepted the administrators` decision that interpreters were not required because Amy was making progress in her program. Creative work clearly exists on social media platforms. An interesting example is a short story written exclusively on Twitter by the famous author David Mitchell.
[12] No one has argued that this innovative use of social media is not protected by copyright. Somewhere between the clear distinctions between short stories and short updates, however, are many posts that may not fall into either category. Twitter addresses this uncertainty by allowing users to file takedown requests for people who see others posting their content without attribution. Usually, removal requests are for content protected by more obvious copyrights, such as photos or videos. Recently, however, Twitter has responded to removal requests from people copying other users` jokes. [13] As the courts continue to make decisions on copyright on social media, ambiguity will diminish over time. Another resource that describes the various ethical situations facing archives is Karen Benedicts, Ethics and the Archival Profession, which offers forty different case studies. They deal with issues of donor relations, copyright, professional development, professional conduct, deeds of donation and accountability to the employing institution. [32] Another issue with social media collection is privacy.
Privacy concerns blur the lines between legal and ethical considerations. An increase in computer technology means it`s easier to collect data and link different data points about a person, which is more difficult, but not impossible, with written records. [19] Privacy as a statutory right was described by Samuel Warren and Louis Brandeis in 1890. They advocated privacy, arguing that an invasion of privacy “exposes [an individual] to far greater psychological pain and suffering than could be caused by mere physical torment.” [20] They defined privacy as the right to be “left alone.” [21] In 1960, William Prosser added the four classifier interests protected by the Data Protection Act.