Comprehensive Exam - Domain 10

What would worry you the most if you were called to testify as an expert witness? How would you overcome this concern?

Cross Examination; Promoting professionalism, case familiarity and Good use of professional judgment;

Identify three areas where school psychologists are vulnerable to legal action. How should a school psychologist act to reduce this threat?

--report writing mistakes --standardization of test behaviors -- false positive and negatives --parent not aware of process (lack of informed consent) --60 day timeline Negligence in the case of physical harm to students. School Psychologists have an obligation under law to take steps to protect their clients from self-harm and to forewarn individuals that their client has threatened to harm. · Lawsuits where parents believe their child's rights under IDEA have been violated. To reduce this threat, school psychologists need to ensure that they are following their district guidelines and code of ethics. In addition, we must ensure the use of multiculturally sensitive instruments and assessment procedures and maintaining all student records and protocols for the appropriate period. · Malpractice. School psychologists are required to maintain a professional-client relationship and act in a professional manner. A lawsuit can claim that the relationship was violated in some way. To reduce this threat, the school psychologist must always be sure to follow their code of ethics with regards to their behavior and maintain confidentiality of their clients at all times.

There has been a complaint regarding the educational program of a mainstreamed special education student in your school district. You are requested to attend a local hearing. What would be the nature of the information you, as a school psychologist, should be prepared to supply.

-data to support student's current level of functioning to support why the student was a candidate for mainstreaming. - Data showing the academic (or behavioral) progress of the student during their time in the mainstream population (along with data from time in ESE classes, if applicable). - Details of the accommodations that the child is eligible for and receiving in their IEP. - Summary of my behavior observations of the student in both environments (if applicable). - Summary of assessment results that were used in the decision to mainstream the student.

Provide an overview of each of the five federal laws pertaining to assessment found in chapter 3 of the Sattler text.

1) IDEA 2004 - IDEA 04 provides federal funds to states and other localities that provide FAPE to children with disabilities in conformance with the law. Additionally, it entitles students with disabilities to receive special education services. IDEA 2004 2)Section 504 of the Rehabilitation Act of 1973 - designed to protect individuals w/ disabilities from discrimination in any setting receiving funds from the federal government. This act mandates that reasonable accommodations be made for children/adults w/ disabilities so they can have access to services. Entitles students w/ disabilities accommodations in the general education setting. 3) Americans with Disabilities Act (ADA) - Provides protection from discrimination for individuals w/ disabilities in all settings regardless if federal funds are involved. 4) Family's Educational Rights and Privacy Act of 1974 - FERPA record-keeping guidelines are designed to safeguard confidentiality of records and parent access to school records concerning their children. In accordance with FERPA, parents have access to all school education records of their children, the right to challenge the accuracy of those records, and the right to a hearing regarding their accuracy. 5)Health Insurance Portability and Accountibility Act of 96 (HIPAA) - Regulates how health care providers handle individuals personal health and medical information (FERPA records are exempted from this law). Allows individuals to request copies of medical records and correct them if necessary. Individuals receive notice when their health info is shared and how it is being used

Identify and explain at least four purposes of a code of ethics.

1. Respect dignity and rights of all persons a. School psychologists engage only in professional practices that maintain the dignity of all individuals. In their words and actions, school psychologists demonstrate respect and autonomy of persons and their right to self determination, respect for privacy and a commitment to just and fair treatment of all persons 2. Professional competence and responsibility a. Beneficence (responsible caring) meanFs that school psychologists act to benefit others. SP's must practice within the boundaries of their competence, use scientific knowledge from psychology and education to help clients and others make informed choices, and accept responsibility for their work. 3. Honesty and integrity in professional relationships a. To foster and maintain trust, SP's must be faithful to the truth and adhere to their professional promises. They are forthright about their qualifications, competencies, and roles; work in full cooperation with other professional disciplines to meet the needs of students and families; avoid multiple relationships that diminish their professional effectiveness. 4. Responsibility to schools, families, communities, the profession and society a. School psychologists promote healthy school, family and community environments. They maintain the public trust in SP's by respecting law and encouraging ethical conduct. SP's advance professional excellence by mentoring less experienced practitioners and contributing to the SP knowledge base. The NASP Principles for Professional Ethics describe the proper conduct for professional school psychologists. The purpose of the Principles is to protect the public and those who receive school psychological services by sensitizing school psychologists to the ethical aspects of their work, educating them about appropriate conduct, helping them monitor their own behavior, and providing standards to be used in the resolution of complaints of unethical conduct. · To define acceptable and unacceptable behaviors. A professional with a broad knowledge base in ethical principles may be better prepared to make sound choices when challenging situations arise. · To promote high standards of practice. A code gives professionals a criteria or benchmark to live up to in their practice. · They are a vehicle for professional identity. Having a code of ethics gives credence and legitimacy to a professional organization and a profession in general. · A code help to make professional relationships mutually pleasant and productive. A professional society is a voluntary, cooperative organization, and those who must conform to its rules are also those who benefit from the conformity of others. Each has a stake in maintaining general compliance.

Describe three circumstances when you might break the standards of confidentiality and/or privileged communication.

1. Student will harm self - sp has duty to protect 2. Student will harm others/others are in danger - sp has duty to warn 3. When child abuse is suspected - break/waive privileged communication

Discuss three ethical issues that should be considered when planning and/or conducting behavioral research with human participants.

According to the APA, the 3 ethical considerations for research with human participants are: a. Respect for persons — individuals should be treated as independent agents, and individuals with diminished independence are entitled to special protections. b. Beneficence — individuals should not be exposed to harm or unnecessary risk, and any benefits should be maximized. c. Justice — individuals should be exposed to fair and equitable procedures, and fair distribution of costs and benefits.

Explain the Buckley Amendment.

Also known as FERPA The Family Educational Rights and Privacy Act is a US Federal Law (Passed 1973 ,signed into law 1974) that gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. With several exceptions, schools must have a student's consent prior to the disclosure of education records after that student is 18 years old. The law applies only to educational agencies and institutions that receive funding under a program administered by the U.S. Department of Education. Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. This privacy policy also governs how state agencies transmit testing data to federal agencies. This U.S. federal law also gave students 18 years of age or older, or students of any age if enrolled in any postsecondary educational institution, the right of privacy regarding grades, enrollment, and even billing information, unless the school has specific permission from the student to share that specific type of information Praxis Book: Schools must adhere to strict confidential student record-keeping procedures FERPA record-keeping laws are designed to protect confidentiality and allow parents access to educational records.

Identify three components of a "due process" hearing and defend the necessity of these components.

Due process is a formal way to resolve disputes with a school about a child's education. Complaints refer to whether a child received FAPE You can file a due process complaint only for special education disputes, not for general education issues. You have the right to an impartial hearing officer and to present evidence and witnesses at the due process hearing. IDEA provides specific time limits on when each stage in due process must happen: You must file a due process complaint within two years of when you learned about the school's action that you're complaining about. The school must hold a resolution session with you within 15 days after receiving the due process complaint. There's a 30-day period to try to reach a resolution agreement. Once it's clear that there won't be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision. You have 90 days from the due process decision to file a lawsuit in state or federal court Usually, disputed issues revolve around parts of the IEP that that cannot be agree upon. If the school district has violated a legal rule, such as failing to hold an IEP meeting, conduct an evaluation, meet a time limit or implement the IEP, you must file a complaint.. Hearing - Due Process Hearings. IDEA-Part B also grants parents and the school a right to an impartial due process hearing on any matter regarding the identification, evaluation, educational placement, or program of a child. Notice- informed of legal action as well as No evidence may be introduced by any party unless it was disclosed at least five business days before the hearing; each party must disclose to all other parties all evaluations completed by that date and the recommendations based on those evaluations if the findings from such evaluations will be used at the hearing. The parents are afforded the right to have their child present and to have the hearing open to the public Confrontation- Each party may subpoena witnesses to testify in person or via affidavit or deposition. Parties are given the opportunity to cross-examine any witnesses who testify during the hearing. Some schools of thought "right to confront accuser" Common types of evidence include: the child's cumulative records and confidential special education files; referrals for assessment; assessment reports from the school and/or private evaluators; the child's IEP goals and objectives, and progress reports; discipline reports such as suspension and expulsion documentation; and attendance and grade reports.

Describe two important lawsuits concerning the right to education (e.g., FAPE).

In the 1960s, following successful court challenges to racial discrimination in the public schools (e.g., Brown v. Board of Education, 1954), parents of children with disabilities began to file lawsuits against public school districts, alleging that the equal protection clause of the 14th Amendment prohibits states from denying school access to children because of their disabilities. Two landmark court cases, Pennsylvania Association for Retarded Children (P.A.R.C.) v. Commonwealth of Pennsylvania (1971, 1972) and Mills v. Board of Education of District of Columbia (1972), marked a turning point in the education of children with disabilities and gave impetus to the development of federal legislation ensuring a free and appropriate education for all children with disabilities. In P.A.R.C. (1972), parents of children with mental retardation brought suit against the state of Pennsylvania in federal court because their children were denied access to public education. In a consent decree (where parties involved in a lawsuit consent to a court-approved agreement), parents won access to public school programs for children with mental retardation, and the court ordered comprehensive changes in policy and practices regarding the education of children with mental retardation within the state. The consent decree in P.A.R.C. marked the beginning of a redefinition of education in this country, broadened beyond the "three Rs" to include training of children with disabilities toward self-sufficiency. The P.A.R. C. case is a particularly important because it foreshadowed and shaped subsequent federal laws regarding schools' responsibilities in educating children with disabilities. The state of Pennsylvania was required to locate and identify all school-age persons excluded from the public schools, to place all children in a "free program of education and training appropriate to the child's capacity" (1971, p. 1258), to provide home-bound instruction if appropriate, and to allow tuition grants for children who needed alternative school placements. The P.A.R.C. consent decree also required parent notice before children were assigned to special education classes and an opportunity for an impartial hearing if parents were unsatisfied with the Mills (1972) was a lawsuit filed on behalf of seven children with behavioral, emotional, and learning impairments in the District of Columbia.11 The court order in Mills reiterated many of the requirements of P.A.R.C., and a number of additional school responsibilities in educating children with disabilities were identified. The decision required the schools to "provide each handicapped child of school age a free and suitable publicly supported education regardless of the degree of the child's mental, physical or emotional disability or impairment" (p. 878). The decision also required the schools to prepare a proposal outlining a suitable educational program for each child with a disability, and set limits on the use of disciplinary suspensions and expulsions of children with disabilities. Following the successful resolution of P.A.R.C. and Mills, 36 right-to-education cases were soon filed in 27 jurisdictions (Martin, 1979). These cases signaled to Congress that a need existed for federal laws to ensure educational opportunities for all children with disabilities.

Explain the notions of "mainstreaming" and "least restrictive environment."

Individuals with Disabilities Education Improvement Act (IDEIA), 2004; Mandates that students receiving special education services are placed in an LRE. Oberti V. Cementon (1993), Is a legal case that affirmed the rights of special needs student to be included (inclusion) in regular education classes and activities. The courts also underscored that schools must adhere to the IDEA requirements especially those related to LRE. Children must be assessed on the basis of nondiscriminatory testing and evaluation procedures and provided with an individualized education program in the least restrictive environment appropriate for the child. The least restrictive environment is the educational setting selected from a continuum of alternative placements (ranging from a residential facility to the general education classroom) that is closest to the general education classroom but also meets the special education needs of the child with a disability. Consequently, IDEA-Part B requires to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Mainstreaming means that a school is putting children with special needs into general-education classrooms with their non-disabled peers. Children who are mainstreamed may spend part of the day in the general-education classroom and part-time in a resource room where they can receive more individualized attention from teachers. For example, an elementary student that has been in a self-contained EBD program may slowly become mainstreamed by first joining the a general-education classroom during the subject that they are most successful in. The goal for students in self-contained classrooms is to eventually be mainstreamed successfully.

Explain the legal and educational implications of the Larry P. case for school psychologists.

Larry P. V. Riles was a landmark case in California that ruled that the percentage of minority students placed in special education classrooms could not exceed the percentage in the representative population. This ruling was based on the fact that there was an over representation of minorities classified as mentally retarded. Marshall v. Georgia stood in contrast to the Larry P. Case The Marshall ruling stated that the percentage of minorities placed in special education can exceed the percentage in the representative population as long as the appropriate and proper steps for placement were followed. Larry P. v. Riles (1984) Larry P. was a class action suit filed on behalf of African American pupils placed in classes for the educable mentally retarded (EMR) in the San Francisco School District. The plaintiffs claimed that many African American children were misclassified as mentally retarded and that IQ tests were the primary basis for classification as EMR. The court asked the schools to demonstrate that their methods of classification (i.e., use of IQ test scores) were "rational" or valid for the purpose of classifying African American children as mentally retarded and in need of special education. The school district was unable to convince the court that IQ tests were valid for the purpose of placing African American children in EMR classes, and in 1972 the court temporarily enjoined the schools from any further placement of African American children in EMR classes on the basis of IQ test results. In the second phase of Larry P., the trial on the substantive issues, the plaintiffs requested that the court consider their claims under both the 14th Amendment and the new federal statute. Judge Peckham found IQ tests to be racially and culturally discriminatory. He ruled that the school failed to show that IQ tests were valid for the purpose of selecting African American children for EMR classes, and, in his view, IQ scores weighed so heavily in decision making that they "contaminated" and biased the assessment process. He permanently enjoined the state from using any standardized intelligence tests to identify African American children for EMR classes without prior permission of the court. Decisions reversed by future cases. Larry P was influential in shaping the IDEA-Part B requirements for nondiscriminatory testing and classification and the procedural or due process safeguards against misclassification. As an additional safeguard against misclassification of ethnic minority children, IDEA requires each state to gather and examine data to determine whether significant disproportionality based on race and ethnicity is occurring in the state in relation to the identification and/or placement of children with disabilities (34 C.F.R. § 300.646[a]). If it is determined that a significant disproportionality exists, the state must provide for the review and, if appropriate, revision of policies, procedures, and practices (34 C.F.R. § 300.646[b]). Main take away for School Psychs: Assessments should be unbiased towards race. There should not be a disproportionate number of minorities in special education classes. THe use of multiple assessments should be reinforced. The IQ test should not be the only test used in determining the need for special services. Special education classes should still offer students a quality education. Students who need special services should not be at a disadvantage.

Explain the three basic elements of malpractice. Describe several preventive measures of malpractice.

Malpractice can be claimed when a client receives harm that was caused by either - an act - error in judgement, error in practical application, - omission by the practitioner 1. harm to client 2.its in the context of a psychologist-client professional relationship 3.it is determined the harm was caused by a departure from acceptable professional standards of care. Keep accurate record keeping Be knowledge about duties, responsibilities, ethical guidelines/code of ethics, state laws, and etc Practice in an consistently ethical manner (always do the right thing) Obtain liability Ins To prevent: follow codes of ethics- if something is out of your scope, then refer the client,

Summarize three Procedural Safeguards as specified in IDEIA 2004 and indicate why they are important.

Safeguard #1: Access to Educational Records You have the right to see, make copies of and get an explanation of your child's educational records. The Family Educational Rights and Privacy Act, or FERPA, is one law that protects these rights. Safeguard #2: Independent Educational Evaluation (IEE) You have the right to get an IEE—an evaluation of your child's skills and needs by someone who's not a school employee. The school must consider the results of the IEE. However the school isn't required to accept the findings. Safeguard #3: Parent Participation You have a legal right to participate in meetings about your child's education—including IEP meetings.

You receive a psychoeducational report and the test record forms from another school psychologist in your district. The student he evaluated transferred into your school before the case went before the eligibility committee. Therefore, you are required to present the findings of the evaluation to the parents and the committee. However, you noticed that the psychologist used the wrong chronological age to compute the IQ and achievement scores. What should you do in such a case? What important ethical principles should you consider?

You should consider the fourth ethical principle of school psychology you have a responsibility to schools, families, communities, profession and society. Specifically 4. maintaining public trust bu self monitoring and peer monitoring. Standard IV.3.2 When a school psychologist suspects that another school psychologist or another professional has engaged in unethical practices, he or she attempts to resolve the suspected problem through a collegial problem-solving process, if feasible. --you can't have an eligibility meeting when the chronological age is wrong as scores are invalid -ethical principals : responsibility to schools/families/profession/integrity/competence