Ethics and Law for school Psychologists
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Transcript of Ethics and Law for school Psychologists
ETHICS AND LAW FOR SCHOOL PSYCHOLOGISTSChapters 2, 3, and 4
Ethics and Law for School Psychologists
Law and School Psychology: An Introduction
Chapter 2
Laws and the Legal System
U.S. Constitution 1st Amendment: Freedom of Speech,
Religion, and Assembly 10th Amendment: Powers not delegated
to the U.S. Government is delegated to the states
14th Amendment: Equal protection (civil rights) and procedural due process
Federal Legislation (Education) Elementary and Secondary Education Act
(ESEA; 1965) U.S. Gov’t provides funds and in exchange they
can maintain a “floor” for services provided in schools
NCLB (2001) Amended ESEA and added extras Requires AYP through gathering assessment data
IDEA; PL 94-142 (1975) Assured FAPE for all children
FERPA (1974) Parents can say who has access to records Parents have access to child’s records
Federal Legislation (Civil Rights) Civil Rights Act (1871)
(Originally known as Ku Klux Klan Act) Can be sued for damages for discriminatory
actions Rehabilitation Act (1973)
Cannot prohibit anyone from services based on a disability.
Americans with Disabilities Act (1990) Equal opportunities in virtually all areas for
anyone with a disability.
State Legislation It is your obligation to become familiar
with the state laws specific to education and civil rights.
Most of these can be found on the State Department of Education websites.
Cannot supersede federal law or constitution.
Case Law Case laws only apply to the jurisdiction in
which the case was decided. Regional Cases:
Larry P. vs. Riles (State of California) Tarasoff
Federal Cases Brown vs. Board of Education (1954) Pennsylvania Association for Retarded
Children (PARC) vs. Commonwealth of Pennsylvania (1971)
Mills vs. District of Columbia (1972)
Civil Cases: Malpractice Proof needed to win a malpractice suit
Professional relationship between psychologist and person that results in legal duty of care
Standard of care exists AND practitioner broke that standard.
Client suffered harm or injury The professionals breach of care is the
proximal cause of harm to the client. Legal duty of care
Ordinary: customary practice Reasonable: use of professional judgment Prudent: maintained adequate safeguards
Ethics and Law for School Psychologists
Privacy, Informed Consent, Confidentiality, and Record Keeping
Chapter 3
Definitions Privacy: unnecessary intrusions regarding
actions or information concerning a person Informed Consent: agreement that is knowing,
competent, and voluntary that requires an action from the person providing agreement
Assent: usually needed for a child; general agreement for services.
Privileged communications: right held by client to prevent disclosure from any mental health worker.
Privacy Case Law New Jersey vs. TLO (Search of property):
Reasonable suspicion (children) NOT probable cause (adults) Cannot be excessively intrusive (closer to body the
higher the reasons needed for suspicion) Sterling vs. Borough of Minersville (Gay rights):
School threatened to disclose a gay student’s sexual orientation to his parents. Student committed suicide.
Students have right to privacy unless “genuine, legitimate, and compelling” reason to disclose
Student’s sexual orientation should not be disclosed without student’s permission.
Privacy Legislation IDEA (1975) Protection of Pupils’ Rights Act (1978)
Rights to privacy (family and child) Cannot require the following information
Political affiliation Mental issues that might embarrass the student Sex behavior and attitudes Illegal or demeaning actions (self-incrimination) Critical appraisals of family members Any legally privileged relationships Religious beliefs or actions Income (except for programs such as free/ reduced
lunch)
Privacy Legislation FERPA (1974)
Educational Records Defined Right to Inspect and Review Records Right to Confidentiality of Records Right to Request Amendment of Records Complaints
Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Security Transmission of data
FERPA Exceptions Appropriate officials for health and
safety emergencies Authorities w/in juvenile justice system Certain organizations performing studies
in certain circumstances. Other schools for transferring students Specified officials for audit and
evaluation purposes.
Guidelines for Living: Privacy Informed consent needed before any
significant intrusion on a person’s privacy. Consultation services by school psychologists
NOT requiring informed consent Urgent and/or special situations Resulting interventions under authority of
teacher Within scope of regular classroom activities Not intrusive to family and/or child beyond what
normal classroom activities would be.
Guidelines for Living: Confidentiality Define limits from the onset (and if any
changes are made in professional services/relationship with client)
Disclose information with third parties (with permission) on a “need-to-know” basis
Recognize when disclosure of information will do harm and avoid it.
Limits requiring disclosure Student/ parents request it Danger to student or others Legal requirement (court testimony)
Guidelines for Living: Records Required to keep sufficient records Keep academic and health records separate
as a practice. Progress notes and personal records should
be kept separate from other records Keep records for a minimum of 3 years after
age of majority (or 7 years after last date of service).
Digital records follow certain guidelines Double locked Secure email Formatting issues
Ethics and Law for School Psychologists
Ethical-Legal issues in the Education of Students with Disabilities Under IDEA
Chapter 4
IDEA Diagnostic Categories Autism Emotional
Disturbance Mental Retardation Orthopedic Impaired Other Health
Impaired Specific Learning
Disability Traumatic Brain Injury
Deaf-blindness Deafness Hearing Impaired Visual
Impairments (including blind)
Speech/Language Multiple
Disabilities
IDEA: SLD Information
Oral Expression Listening
Comprehension Written Expression Math Reasoning Math Calculation Basic Reading Reading
Comprehension Reading Fluency
Not primarily result of: Visual, hearing, or
motor impairment Mental Retardation Emotional Disturbance Cultural Factors Environmental or
economic disadvantage
Limited English Proficiency
SLD Categories SLD Exclusionary Clauses
IDEA: ED Information
Inability to: Learn not explained by
intellectual, sensory, or health factors
Build and maintain interpersonal relationships
Inappropriate types of behavior
General pervasive mood of unhappiness or depression
Tendency to develop physical symptoms or fears
Includes psychosis
Socially maladjusted
Individuals with mild or temporary issues
Covert (must be able to observe it)
What is it… (one or more of following) What it is not…
Additional Cases of note . . . Hobson vs. Hanson
Ruled tracking system (based on culturally biased test data) was de facto segregation
Diana vs. State Board of Education Children must be tested in their native language
Larry P. vs. Riles IQ tests were determined to be too biased to use
for African American students (in California) Parents can have these tests used with special
permissions. Hudson vs. Rowley
Defined appropriate education (not ideal)
Discussion Scenario A parent refuses to allow for a psychological
evaluation. The school went to a due process hearing where an evaluation was approved. The child was diagnosed with TBI due to head injuries obtained from an abusive ex-step-father. During the IEP meeting, the mother wanted the school to pay the child’s bills for specialized, experimental treatments outside of the school. In addition, during the meeting, she reports that she has started seeing the ex-step-father again (they are thinking of getting back together).