ETHICS AND LAW FOR SCHOOL PSYCHOLOGISTS

Chapters 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).