Atención a la diversidad en la educación inclusiva: desafíos y propuestas en el marco legal ecuatoriano J. Law Epistemic Stud. (January - June 2023) 1(1): 1-9 https://doi.org/10.5281/zenodo.14103818 ISSN: XXXX-XXXX ORIGINAL ARTICLE Attention to diversity in inclusive education: challenges and proposals within the ecuadorian legal framework  Yanet Samada Grasst yanet.samada@utm.edu.ec 1 Universidad Técnica de Manabí, Ecuador. Received: 13 November 2022 / Accepted: 12 January 2023 / Published online: 31 January 2023 © The Author(s) 2023 Yanet Samada Grasst 1 · Paola Azucena Hernández Pico 1 · Mariuxi Becerra Ordóñez 1 Abstract This study analyzes the importance of inclusive education and attention to diversity within the Ecuadorian educational context, highlighting the relevance of a legal framework that ensures equitable education for all. The ob- jective is to examine how inclusive policies and regulations are applied in educational institutions and to assess their im- pact on teaching practices. The methodology used was quali- tative and descriptive, based on a review of theories and pre- vious studies concerning the legal framework for inclusive education in Ecuador, complemented by surveys conducted with a sample of 25 teachers working with students with disabilities in an educational unit in Montecristi, Manabí province. Initial findings show that, although teachers have knowledge of educational inclusion, most perceive a lack of preparation regarding the regulatory framework to address specific cases requiring inclusive attention. Additionally, the need for innovative teaching resources to facilitate inclusive learning and promote an environment of respect for diversi- ty is emphasized. The conclusions underscore that, although there has been progress in recognizing the right to inclusive education, its implementation is limited due to variabili- ty in the interpretation of regulations. It is concluded that strengthening teacher training in legal and methodological aspects is essential to ensure effective inclusive education that fosters equity and respect in the school environment. Keywords attention to diversity, inclusive education, ed- ucational equity, teacher training, Ecuadorian legal frame- work. Resumen El presente estudio analiza la importancia de la educación inclusiva y la atención a la diversidad en el contexto educativo ecuatoriano, destacando la relevancia de un marco legal que garantice una educación equitativa para todos. El objetivo es examinar cómo se aplican las políti- cas y normativas inclusivas en las instituciones educativas y evaluar su impacto en la práctica docente. La metodología empleada fue cualitativa y descriptiva, basada en la revisión de teorías y estudios previos sobre el marco legal de la edu- cación inclusiva en Ecuador, complementada con encuestas aplicadas a una muestra de 25 docentes que trabajan con es- tudiantes con discapacidad en una unidad educativa de Mon- tecristi, provincia de Manabí. Los hallazgos iniciales mues- tran que, aunque los docentes poseen conocimientos sobre la inclusión educativa, en su mayoría perciben una falta de preparación en cuanto al marco normativo para actuar en ca- sos específicos que requieren atención inclusiva. Además, se destaca la necesidad de recursos didácticos innovadores para facilitar el aprendizaje inclusivo y promover un ambiente de respeto a la diversidad. Las conclusiones subrayan que, si bien existen avances en el reconocimiento del derecho a una educación inclusiva, su implementación es limitada debido a la variabilidad en la interpretación de las normativas. Se concluye que es crucial fortalecer la formación docente en aspectos legales y metodológicos para asegurar una educa- ción inclusiva efectiva que fomente la equidad y el respeto en el entorno escolar. Palabras clave atención a la diversidad, educación inclu- siva, equidad educativa, formación docente, marco legal ecuatoriano. How to cite Samada, Y., Henández, P.A., & Becerra, M. (2023) Attention to diversity in inclusive education: challenges and proposals within the ecuadorian legal framework. Journal of Law and Epistemic Studies, 1(1), 1-9. https://doi.org/10.5281/zenodo.14103818

J. Law Epistemic Stud. (January - June 2023) 1(1): 1-9 2 Introduction Diversity is an inherent characteristic of educational en- vironments and demands a comprehensive response from educators. This response aims to reduce learning barriers and promote education that not only adapts to the specific needs of students but also advances toward achieving the ob- jectives of each educational stage. In this regard, inclusive education is considered essential as it ensures the holistic development of students, fosters equity, and contributes to social cohesion. The purpose of this study is to analyze attention to diver- sity as a fundamental necessity at all educational stages and for all students, without being limited to specific groups. This involves understanding diversity not as an occasional adjustment but as a guiding principle of the educational pro- cess. Consequently, it is argued that educational policies and practices should align with the principles of normalization, flexibility in responses, early prevention, and personalized attention, providing a solid foundation for an inclusive and equitable educational environment. Various studies have approached the issue of educational inclusion from different perspectives. For example, Larreáte- gui (2016) mentions that access for students with disabilities to educational institutions is limited due to the challenge of meeting the varied needs according to each type of disability. Inclusive education is guaranteed by the Constitution as a fundamental right for well-being; however, “the implemen- tation of regulations has not reached the intended scope, as it depends on how they are interpreted and applied by the authorities of regular education institutions” (p. 1). Blanco (2016) emphasizes the fundamental principles of quality in the Education Law for all students, regardless of their conditions and circumstances. This legal framework also underscores equity as a pillar to ensure equal opportu- nities, educational inclusion, and non-discrimination, acting as a compensatory element for personal, cultural, econom- ic, and social inequalities, with special emphasis on those related to disabilities. Similarly, Arnaiz (2019) highlights the importance of implementing flexibility in the education- al system to adapt content to the diverse abilities, interests, expectations, and needs of students, while also considering changes experienced by both students and society at large. On the other hand, Villacís (2019) underscores the impor- tance of distinguishing between the concepts of integration and inclusion. According to his study, integration is limited to placing students within the system without real adapta- tion of teaching methods to respond to their needs, implying that students must adapt to existing norms and practices. In contrast, “inclusion encompasses many excluded groups and generates profound transformations in teaching processes and interactions within the educational environment”. Many authors stress the importance of differentiating be- tween integration and inclusion in education. Villacís (2019) notes that, while integration often limits itself to inserting students into the system without real adaptations to teaching methods, inclusion involves a broader approach, which re- sults in “profound transformations in teaching processes and in the organizational practices of educational institutions” (p. 13). This distinction is essential for studies like the present one, as it provides a framework for analyzing inclusive prac- tices. From Alcaín Martínez’s (2015) perspective, the role of teachers is essential in addressing diversity, as they must foster an inclusive and integrative classroom environment where all students can develop in an equitable setting. In turn, Castro, Sierra, and Fresquets (2018) affirm that recog- nizing education as a social right establishes a strong legal link to political decisions, which must be reflected in public policies. This recognition represents not only an axiologi- cal principle of the state but also a foundational clause of any rule of law, under which the principles of progressivity, equality, and non-discrimination must be prioritized. Sierra and García (2020) reinforce this view, noting that “the importance of recognizing the right to education as a fundamental right, and therefore enshrined in the consti- tution, obliges the state to ensure its guarantee in the legal sphere” (p. 134). Similarly, Peña, Peñaloza & Carrillo (2018) argue that the state must create the necessary conditions for implementing an inclusive educational policy, which in- cludes teacher training, the provision of specific material resources, and monitoring the process through control mech- anisms. They also highlight the need for jurisdictional guar- antees that allow citizens to demand compliance with these rights and, if necessary, resort to the courts. Given these precedents, the importance of addressing ed- ucational inclusion from a legal framework in Ecuador be- comes evident. Achieving the dissemination and application of these regulations to enable the development of compe- tencies and values that ensure equal opportunities for all re- mains an ongoing challenge, preparing students for social integration and contributing to national progress. Materials and methods Hernández & Fernández (2014) state that the qualitative research method focuses on a deep understanding of phe- nomena, analyzing studies from the perspective of partici- pants in their natural environment and based on their con- text. Thus, this method relies on observation, followed by interpretation and analysis of meanings. Consistent with the- se principles, this research adopted a qualitative approach, facilitating adaptation to the various contexts and references arising from the research problem.

J. Law Epistemic Stud.(January - June 2023) 1(1): 1-9 3 A descriptive research methodology was employed, analyzing theories and studies related to the legal framework of inclusive education within the Ecuadorian educational system from different contexts. For data collection, a survey was used to obtain a detailed view of the opinions of the pro- fessionals surveyed. Data analysis was conducted through a categorization matrix, highlighting key opinions of teachers concerning the dimensions and objectives outlined in the re- search. A sample of 25 teachers working with students with disa- bilities at the “Jorge Jeremy Cantos Cedeño” Educational Unit, located in the community of La Sequita, Montecristi canton, Manabí province, was selected for this study. The results reflect how inclusive education addresses the diverse needs of students and demonstrate the importance of imple- menting and applying legal regulations within the Ecuado- rian educational system. This facilitates respect for diversity, promotes tolerance, and fosters greater solidarity in the edu- cational environment. Results and discussion In this stage of the research, a survey was conducted to gather teachers’ opinions on inclusive education within the context of Ecuador’s educational legal framework. The results revealed that while teachers possess foundational knowledge to promote inclusive education, only 60% repor- ted rarely feeling prepared regarding the legal framework to act appropriately in cases involving students requiring inclu- sive education. Nevertheless, teachers integrate ethical and cultural components into their pedagogical practices. They also create inclusive learning environments for all students and encourage the use of innovative teaching materials that facilitate inclusive learning (Table 1). Table 1. Survey Results Importance: Do you consider inclusive education an effective strategy for addressing and responding to the diverse needs of students? Strongly Disagree Disagree Neutral Agree Strongly Agree 0% 5% 10% 15% 70% Motivation: Do you believe inclusive education requires the incorporation of innovative teaching resources to encourage student participation and commitment in the learning process? Always Occasionally Never 20% 80% 0% Communication: Do you believe it is essential to use teaching resources that strengthen communication in the classroom and promote a favorable learning environment for all students? Always Often Occasionally Rarely Never 65% 80% 7% 3% 0% About the Educational Legal Framework: Do you consider it essential to apply and comply with legal regulations in inclusive education within the Ecuadorian educational framework to promote respect for diversity, tolerance, and strengthen solidarity in the school environment? Always Often Occasionally Rarely Never 75% 20% 5% 0% 0% Teacher Preparation in the Legal Field: Do you consider yourself adequately prepared regarding the legal framework of the Ecuadorian educational system to handle legal situations involving students requiring inclusive education? Always Often Occasionally Rarely Never 10% 15% 25% 50% 0%

J. Law Epistemic Stud. (January - June 2023) 1(1): 1-9 4 The survey results reflect teachers’ perception of inclusi- ve education as an effective strategy for addressing students’ diverse needs. A significant 70% of respondents strongly agreed that inclusive education is an effective strategy for meeting these needs, while 15% agreed. About 10% were neutral, and 5% disagreed, with none selecting “Strongly Di- sagree.” These percentages indicate a general positive trend towards implementing inclusive education to achieve equita- ble and adaptive learning. Teachers’ responses highlight that the legal framework for inclusive education is essential and relevant for addressing academic challenges, providing a robust basis for future pu- blic educational policy design in this field. Inclusive education is based on the recognition that each student presents diverse characteristics, interests, abilities, and learning needs, and it is the educational system’s res- ponsibility to adapt to this variability. According to the data collected, 80% of surveyed teachers indicated that inclusive education “always” requires the integration of innovative teaching materials to promote student participation in their learning process. The remaining 20% considered this neces- sary “occasionally.” To achieve high-quality inclusive education, it is essential to invest in teaching materials that are not only innovative but also designed to motivate students and enable compre- hensive assessment of their progress, considering their indi- vidual abilities. Communication plays a crucial role in the teaching and learning process and is particularly relevant in the context of inclusive education. In this regard, 65% of the surveyed teachers believe it is “always” necessary to use teaching resources that promote communication development in the classroom, facilitating a favorable learning environment for all students. An additional 25% noted that it is “often” neces- sary, while 7% considered it relevant “occasionally,” and 3% stated it is rarely a priority. In the context of inclusive education, learning is viewed as a comprehensive, critical, and multidisciplinary process where the teacher serves as a guide and constant support, adapting their teaching to address each student’s motivations and needs while fostering a communicative and inclusive environment. In the academic setting, ensuring equitable education for all students is essential. Thus, inclusive education must be adopted as a fundamental principle, aimed at addressing the diversity of needs, including students with learning difficul- ties as well as those with high abilities and motivation to learn. In this survey, 75% of the teachers indicated that it is “always” necessary to implement and enforce the legal regulations set out in Ecuador’s educational framework to foster respect for diversity, tolerance, and greater solidarity. Another 20% reported that this is needed “often,” while 5% noted it is necessary “occasionally.” In this context, it is crucial to recognize that the role of 21st-century educational institutions cannot be understood without proper inclusive education. Therefore, teachers must have the necessary tools and training to facilitate this pro- cess, upholding non-discrimination and inclusive education as essential values. Teacher training in the legal field is a key aspect of inclusi- ve education and an important focus of this study. The results show that teachers feel a lack of preparation in this area. Half of the respondents stated that they “rarely” feel prepared re- garding the legal framework of the Ecuadorian educational system to handle legal situations involving students with inclusive needs. Twenty-five percent said they feel prepa- red “occasionally,” 15% “often,” and only 10% stated they “always” feel prepared in this area. Legal training is crucial for building an inclusive educa- tional environment where all students’ rights are respected, and the risk of discrimination is minimized. Teacher training should cover not only pedagogical and methodological as- pects but also an understanding of the rights and regulations that protect students in diverse contexts, reinforcing inclu- sion as a cross-cutting axis throughout the curriculum. Inclusive education is also a fundamental way to overco- me forms of social exclusion stemming from socioeconomic, cultural, and gender factors that unfortunately still persist in educational institutions. Intentionally promoting the accep- tance and appreciation of differences helps build an envi- ronment where all students feel valued and respected. This involves fostering mutual understanding and a perception of interdependence, respecting pluralism, tolerance, and peace as central values of school coexistence. Importance of the Legal Framework in Inclusive Edu- cation Based on the results obtained, it is highly relevant to explore and substantiate the principles of inclusive educa- tion within the context of Ecuador’s educational legal fra- mework. Education, understood as a fundamental right, im- plies a transformation in how the relationship between the main actors in the educational process—especially children and adolescents—and the state, which acts as the guarantor, is conceived. This approach promotes a rights-based pers- pective that goes beyond mere public policy, which could be subject to discretionary decisions, and positions it as an inherent and enforceable right. According to Alvarado and Álvarez (2015), “inclusion is a way of life that compels the general population to recognize, understand, respect, and tolerate differences; tolerate in ter- ms of fulfilling and enforcing the basic rights and principles

J. Law Epistemic Stud.(January - June 2023) 1(1): 1-9 5 of humanity” (p. 207). This philosophy should begin with recognizing difference as an essential aspect of humanity, where tolerance and respect form the core of any analysis of this current issue. Bermúdez and Navarrete (2020) emphasize that the right to education, recognized as a fundamental human right under international law, necessitates, whether from an ethical stan- dpoint or through binding international regulations, the de- sign of public policies aligned with the principles of inclusi- ve education. This underscores the importance of promoting legal education in this context, ensuring that decision-makers integrate these critical elements into their actions, which are inherent to any educational system. Guevara and Vélez (2020) adopt a similar perspective in their study on this issue, noting that both the education of the future and social changes throughout history show that di- versity and difference—related to social, economic, sexual, racial, gender, cultural distinctions, or disabilities and spe- cial educational needs—can be sources of societal conflict. In this context, “the right of all to access education under equal conditions is a right that every human being enjoys, based on the recognition of human diversity” (p. 86). These authors also point out that discussing disabilities involves addressing various barriers that hinder or impede learning, encompassing a wide range of individuals and si- tuations. However, the traditional idea persists of associating “special education” solely with students with disabilities, without considering other students with different needs. Ad- ditionally, not all “special educational needs” require specia- lized services or resources beyond those used in a standard classroom; many can be addressed through innovative and transformative teaching practices. Arnaiz (2019) further emphasizes that there are numerous social areas to be strengthened for people with disabilities, with education serving as a cross-cutting axis for both indi- vidual and collective progress. The concern lies in the lack of trained personnel capable of promoting high-quality inclusi- ve education that meets the special educational needs of each person, whether child, youth, adult, or elder. This population requires an appropriate educational system that transforms knowledge, teaching-learning methodologies, educational environments, and, above all, promotes inclusion in educa- tional institutions, recognizing and respecting this right in terms of both access and quality. Coral (2019) notes that, within the context of these po- licies, early childhood education is making progress in the inclusion of children with specific characteristics. However, many of these efforts have not achieved the desired success. Although there are laws that promote classroom inclusion, the implementation process has not fostered the educational creation and innovation needed for a profound change in the vision of inclusion. Consequently, aspects such as pedago- gical practices, assessment processes, and teacher-student relationships have experienced updates but have not been meaningfully intervened in or transformed. The Problem Is Not Creating More Laws One of the critical aspects in analyzing inclusive education within Ecuador’s legal framework is the ineffective applica- tion of legal and regulatory principles in educational institu- tions. Despite the existence of regulations, the implementa- tion of these principles has not reached its full potential due to how they are interpreted and applied by the authorities in regular educational institutions. These institutions face the challenge of meeting diverse needs related to different types of disabilities, which requires ensuring the right to inclusion with all necessary resources. This section delves into the ri- ght to inclusive education from the perspective of Ecuador’s legal framework. The Constitution of the Republic of Ecuador and Inclu- sive Education As the supreme law, the Constitution of the Republic of Ecuador establishes the fundamental principles of the state and the rights of all citizens, including the right to inclusive education. Article 26 Education is a right for all people throughout their lives and an inalienable duty of the state. It is a priority in pu- blic policy and state investment, ensuring equality and social inclusion as fundamental conditions for well-being. Indivi- duals, families, and society have both the right and the res- ponsibility to actively participate in the educational process (Constitución de la República del Ecuador, 2008) Article 27 Education in Ecuador aims for the comprehensive develo- pment of individuals, with a human-centered approach based on respect for human rights, sustainable environmental prac- tices, and democracy. It must be participatory, mandatory, intercultural, democratic, inclusive, and diverse, ensuring quality and warmth. It should promote gender equity, justice, solidarity, and peace. Through education, critical thinking, art, physical culture, individual and community initiative, and the development of competencies and skills for crea- tion and work must be fostered. Education is vital for acqui- ring knowledge, exercising rights, and building a sovereign country, serving as a strategic axis for national development (Constitución de la República del Ecuador, 2008). Article 47 The state commits to implementing disability prevention policies and, in collaboration with society and families, pro- moting equal opportunities for people with disabilities and

J. Law Epistemic Stud. (January - June 2023) 1(1): 1-9 6 their social integration. People with disabilities are entitled to: 7. Receive education that enhances their abilities and skills for integration and equal participation. Their educa- tion will be guaranteed within the regular system, with di- fferentiated treatment in regular educational institutions and, when necessary, specialized education in dedicated centers. Educational institutions must comply with accessibility stan- dards and offer a scholarship system that considers the eco- nomic conditions of this group (Constitución de la República del Ecuador, 2008). Article 156 National councils for equality are the bodies responsible for ensuring the full exercise and enforcement of rights es- tablished in the Constitution and international human rights instruments. These councils have the authority to formulate, integrate, supervise, monitor, and evaluate public policies re- lated to gender, ethnicity, generations, interculturality, disa- bilities, and human mobility, as stipulated by law (Constitu- ción de la República del Ecuador, 2008). Inclusive Education in the Framework of the Childhood and Adolescence Code Children and adolescents with disabilities, as a priority attention group, are protected by special laws in alignment with the Constitution and international instruments. In this context, the Childhood and Adolescence Code establishes: Article 37 - Right to Education Children and adolescents have the right to quality educa- tion. This right requires an educational system that: 4. En- sures that children and adolescents have access to qualified teachers, teaching materials, laboratories, facilities, and re- sources, and that they enjoy a supportive learning environ- ment. This right includes effective access to early education from zero to five years old, promoting flexible and open pro- grams and projects that respond to the cultural needs of lear- ners (Código Orgánico de la Niñez y Adolescencia, 2015). The Organic Law on Disabilities and the Right to Inclu- sive Education The Organic Law on Disabilities, in its mission to protect priority attention groups, establishes the right to inclusive education in the following articles: Article 27 - Right to Education The state shall guarantee that persons with disabilities can access, remain, and complete their studies in the National Education System and the Higher Education System. This education may be provided in specialized institutions or re- gular educational establishments, as appropriate (Ley Orgá- nica de Discapacidades, 2012). Article 28 - Inclusive Education The national education authority shall take the necessary measures to promote the inclusion of students with special educational needs who require technical, technological, or human support, such as specialized personnel, either tempo- rarily or permanently, as well as curricular and physical ac- cessibility adaptations in learning environments.To this end, the national education authority shall formulate, issue, and supervise compliance with national regulations, updating them annually and including specific guidelines for the care of persons with special educational needs, emphasizing pe- dagogical recommendations for each type of disability. This regulation shall be mandatory for all institutions within the National Education System (Ley Orgánica de Discapacida- des, 2012). The Organic Law of Intercultural Education (LOEI) sta- tes Article 47 - Education for Persons with Disabilities Both formal and non-formal education must consi- der the special educational needs of individuals in affec- tive, cognitive, and psychomotor aspects. The National Education Authority is responsible for ensuring that the- se needs do not become barriers to accessing education. The Ecuadorian state shall guarantee the inclusion and in- tegration of persons with disabilities in educational establi- shments, removing obstacles to their learning. All students must be assessed, when necessary, to identify their educa- tional needs and determine the characteristics of the educa- tion they require. The education system shall promote the early detection and attention to learning problems and other factors that may put schooling at risk, applying measures to foster recovery and prevent lag or exclusion. Educational institutions are obliged to admit students with disabilities, create necessary physical, curricular, and promotional support and adaptations, and seek tea- cher training in specific methodologies and assessments for quality, inclusive teaching centered on inter-learning. Educational centers exclusively for people with disabilities are justified only in exceptional cases, that is, only when all previous measures have been exhausted without achieving effective inclusion (Ley Orgánica de Discapacidades, 2012). Regulations of the Organic Law of Intercultural Educa- tion (LOEI) and the Right to Inclusive Education The Regulations of the LOEI reinforce the right to inclusi- ve education in the following articles: Article 227 – Principles The National Education Authority, through its decentrali- zed and central management levels, promotes access to edu- cational services for persons with special educational needs,

J. Law Epistemic Stud.(January - June 2023) 1(1): 1-9 7 whether or not associated with a disability, either through attendance at a specialized educational center or inclusion in a regular school (Regulations of the LOEI, 2011). Article 228 – Scope Students with special educational needs are those who re- quire temporary or permanent support or adaptations to ac- cess quality educational services suited to their conditions. These supports may include learning, accessibility, and com- munication adaptations. Special educational needs associated with disability inclu- de: Intellectual, physical, auditory, visual, or mental disabilities; Multiple disabilities; Pervasive developmental disorders (such as autism, Asper- ger syndrome, and Rett syndrome, among others). (Regula- tions of the LOEI, 2011) Article 229 – Attention Care for students with special educational needs can be provided through specialized educational centers or their in- clusion in regular schools, ensuring they receive the neces- sary support for learning and development. (Regulations of the LOEI, 2011) Angenscheidt & Navarrete (2017) highlight that one of the main challenges of inclusive education is accessibility, understood as the infrastructure and pedagogical resources needed for people with disabilities to enter, move, orient themselves, and communicate in school activities. They also emphasize the importance of promoting awareness of the ri- ghts of students with disabilities, as these rights represent the means to meet their needs. Bermúdez & Navarrete (2020) define inclusion as a set of processes aimed at increasing student participation in school culture, curriculum, and communities. For these authors, in- clusion requires schools to critically analyze how they can improve the learning and participation of all students. Dueñas (2010) states that increasing awareness of social inequalities and the advancement of human rights, particu- larly the right to education, equal opportunities, and respect for diversity, have fueled the concept of inclusion in con- temporary society. Inclusion seeks to extend integration to all areas of life, with the social sphere being key, standing in opposition to social exclusion. This concept transcends the educational domain, becoming a cross-cutting principle applicable to various contexts: school communities, fami- lies, and society as a whole. Villacís (2019) underscores that in an inclusive educatio- nal system, each student is valued as an individual with spe- cific potential and needs, rather than being classified as part of a category. Inclusive classrooms foster natural support ne- tworks among peers, collaborative teacher groups, circles of friends, and teaching teams, promoting integrative relations- hips within the educational community. There are numerous reasons—ethical, sociological, and legal—to support inclu- sive education, emphasizing the importance of how children are educated rather than where. La Porta (2019) points out that it is crucial to address in- clusive education beyond legal requirements, viewing it as a process to remove barriers that impede learning and partici- pation in school activities. The interaction between students with disabilities, their peers, and teachers must be equitable and discrimination-free. Only by understanding inclusion in this way can actions be taken to integrate children and young people who are excluded from the educational system due to social, cultural, gender, or economic reasons, addressing their needs and promoting the reduction of educational ex- clusion. Alcaín Martínez (2015) stresses that inclusive education requires a wide range of instructional strategies that enable all students to recognize and appreciate differences in intelli- gence, learning styles, skills, and limitations. Such strategies include cooperative learning, peer tutoring, hands-on activi- ties, outdoor learning, and the use of educational technology. It is also essential to have legislation and policies supporting these principles and ensuring they are effectively applied in practice. Inclusion aims to secure the full participation of all indivi- duals in various life aspects. It is now understood that social exclusion is not limited to poverty but also includes the lack of opportunities for personal development, the absence of a life plan, limited social participation, and restricted access to protection and welfare systems. Blanco (2016) asserts that a more inclusive society depends largely on ensuring full ac- cess to education and eliminating all forms of discrimination against children based on their social, ethnic, religious back- grounds, or other factors. Arnaiz (2019) argues that modern education must priori- tize integration by offering services in a shared educational environment that adapts to each student’s learning needs wi- thout limiting special education to specialized centers. This requires addressing each student’s unique needs by adjusting programs, methods, and resources in the regular education setting to achieve a personalized educational response (p. 23). Juárez & Comboni (2016) suggest that inclusive education requires identifying both individual and group characteris- tics, potential, and obstacles. Educators should reconstruct natural learning environments and transform them into in- clusive spaces. “The challenges to be addressed in the me- dium and long term involve moving beyond the concept of integration schools to inclusive schools” (p. 59). Educational

J. Law Epistemic Stud. (January - June 2023) 1(1): 1-9 8 inclusion is therefore measured by how well a school com- munity accepts all as full members and values their contri- butions, highlighting each person’s right to participate in society. Conclusions The study concludes that adopting an inclusive approach in Ecuador’s educational system is essential to address the diversity of student needs, as established by current legal frameworks. It is observed that although teachers possess general knowledge about inclusion, most report feeling in- sufficiently prepared regarding the legal framework to ma- nage situations requiring specific inclusive attention. This lack of training in legal aspects limits their ability to effec- tively apply principles of equity and non-discrimination in the classroom. Additionally, the study reveals that teachers consider the use of innovative teaching resources essential for facilitating inclusive learning, boosting student motivation, and streng- thening classroom communication. However, results show that these resources are only occasionally implemented due to limitations in material provision and training for their effective use. It is concluded that strengthening teacher training in both legal and methodological competencies, as well as in the use of inclusive teaching tools, is necessary. Despite progress in the legislative framework, its practical application in edu- cational institutions remains limited. Therefore, continuous training policies for teachers are recommended to promote an educational environment that is equitable and respectful of diversity, thereby fostering inclusive education that ade- quately meets the needs of all students. References Alcaín Martínez, E. (2015). La Convención Internacional Sobre los Derechos de las Personas con Discapaci- dad. De los Derechos a los Hechos. Valencia: Tirant Lo Blanch. Alvarado, M., y Álvarez, M. (2014). Inclusión educativa: ¿un reto o una utopía? Mendive. Revista de Educa- ción, 12(2), 205-210. http://mendive.upr.edu.cu/index. php/MendiveUPR/article/view/663 Angenscheidt, L. y Navarrete, I. (2017). Actitudes de los docentes acerca de la educación inclusiva. Ciencias Psicológicas, 11(2), 233-243. Arnaiz, P. (2019). La educación inclusiva en el siglo XXI. Avances y desafíos. https://www.um.es.Leccion+San- to+Tomas+2019+-+Pilar+Arnaiz+.pdf Bermúdez, M., y Navarrete, I. (2020). Actitudes de los maestros ante la inclusión de alumnos con discapa- cidad. Ciencias Psicológicas, 14(1), 33-48. http:// www.scielo.edu.uy/scielo.php?script=sci_arttext&pi- d=S1688-42212020000101203&lng=es&nrm=iso Blanco G., (2016). Rosa La Equidad y la Inclusión Social: Uno de los Desafíos de la Educación y la Escuela Hoy Reice. Revista Iberoamericana sobre Calidad, Efica- cia y Cambio en Educación, 4(3), 1-15 https://www. redalyc.org/pdf/551/55140302.pdf Castro, G., Sierra, J., y Fresquest, M. (2018). La for- mación inicial del maestro primario para la aten- ción a escolares con implante coclear. Men- dive. Revista de Educación, 16(3), 365-380. http://mendive.upr.edu.cu/index.php/MendiveUPR/ article/view/1420 Código Orgánico de la Niñez y Adolescencia. (2015). Regis- tro Oficial 737 de 3 de Enero del 2003. Constitución de la República del Ecuador. (2008). Registro Oficial 449. 6. Fecha: 20-oct-2008. Corral, K. (2019). Educación inclusiva. Concepciones del profesorado ante el alumnado con necesidades educa- tivas especiales asociadas a discapacidad. Revista de Educación Inclusiva, 12(2), 171-186. https://revistae- ducacioninclusiva.es/index.php/REI/article/view/439 Donoso, D. (2013). La educación inclusiva en el marco legal de Ecuador: ¿responden las leyes ecuatorianas a las necesidades del modelo inclusivo? (Tesis de maestría). Universidad Complutense de Madrid, Madrid, España. Dueñas, M. (2010). Educación inclusiva. Revista Española de Orientación y Psicopedagogía, 21(2), 358-366. ht- tps://www.redalyc.org/pdf/3382/338230785016.pdf Guevara, L., y Vélez, L. (2020). Primeras aproximaciones sobre la realidad de la inclusión en la educación en Co- lombia. Boletín Redipe, 9(3), 85-100. https://revista. redipe.org/index.php/1/article/view/933 Juárez, J. y Comboni, S. (2016). Educación Inclusiva: retos y perspectivas. https://www.slideshare.net/Espe- ranzaSosaMeza1/educacin-inclusiva-retos-y- La Porta, A. (2019). La comunicación como método jurídi- co: hermenéutica y analítica en la teoría comunicacio- nal del derecho. (Tesis doctoral). Universidad de Córdo- ba, Córdoba, España. Larreátegui, P. (2016). Derecho a una Educación Inclusiva para estudiantes discapacitados según la aplicación del Reglamento de la LOEI. (Tesis de pregrado). Uni- versidad Central del Ecuador, Quito, Ecuador. Ley Orgánica de Discapacidades. (2012). Registro Oficial Nº 796 -- Martes 25 de septiembre del 2012 Ley Orgánica de Educación Intercultural. (2011). Jueves 31 de Marzo del 2011 -- Nº 417

J. Law Epistemic Stud.(January - June 2023) 1(1): 1-9 9 Peña, G., Peñaloza, W., y Carrillo, M. (2018). La educación inclusiva en el proceso de formación docente. Revista Conrado, 14(65), 194-200. http://conrado.ucf.edu.cu/ index.php/conrado Reglamento de la ley organica de educacion intercultural (2011). Registro Oficial 417 del 31 de marzo de 2011 Sierra, J. y García, O. (2020). La educación inclusiva. Su componente normativo desde los organismos in- ternacionales y las políticas públicas nacionales. Mendive. Revista de Educación, 18(1), 134-154. http://scielo.sld.cu/scielo.php?script=sci_arttext&pi- d=S1815-76962020000100134&lng=es&tlng=es. Villacís, F. (2019). Políticas educativas para garantizar el derecho humano a la educación inclusiva de niñas, ni- ños y adolescentes con trastorno del espectro autista. (Tesis de maestría). Universidad Andina Simón Bolívar, Quito, Ecuador. Conflicts of interest The authors declare that they have no conflicts of interest. Author contributions Yanet Samada Grasst, Paola Azucena Hernández Pico and Mariuxi Becerra Ordóñez: Conceptualization, data curation, formal analysis, investigation, methodology, supervision, validation, visualization, drafting the original manuscript and writing, review, and editing. Data availability statement The datasets used and/or analyzed during the current study are available from the corresponding author on reasonable request. Statement on the use of AI The authors acknowledge the use of generative AI and AI-assisted technologies to improve the readability and cla- rity of the article. Disclaimer/Editor’s note The statements, opinions, and data contained in all publi- cations are solely those of the individual authors and contri- butors and not of Journal of Law and Epistemic Studies. Journal of Law and Epistemic Studies and/or the editors disclaim any responsibility for any injury to people or pro- perty resulting from any ideas, methods, instructions, or pro- ducts mentioned in the content.