ethics
What should a school psychologist do if a client discloses past criminal acts? What ethical considerations are necessary?
A school psychologist may not report a client's self-disclosure of past criminal acts, as this would be an impermissible breach of client confidentiality and could result in discipline by the state's licensure or certification board. This is most evident in McDuff v. Tamberlane (1999), in which a student's mother confidentially shared with the school psychologist that the student had been involved in larceny. The school psychologist then shared this information with the vice principal, who alerted law enforcement, and the student was arrested. The family filed a malpractice suit against the school psychologist for breach of confidentiality. The Connecticut court ruled that the communication of a client's past criminal activity is confidential information, and that since there was no imminent risk of injury to the student or others, there was no justification to breach confidentiality.
Do parents have a right to review and copy test protocols? What ethical issues are involved?
A student's psychological test protocol on which the student's answers are recorded are unequivocally part of the student's educational record under IDEA and FERPA. Thus, the parents have the legal right to inspect and review their child's responses on a school psychological test protocol. Protocols cannot be considered part of private notes/sole possession record of the school psychologist. While schools technically have the right to destroy test protocols, they are cautioned against this, and IDEIA requires that the information from the protocols is still somehow documented in the official record. NASP states that school psychologists must uphold the parents' right to inspect (but not copy) the answers on test protocols. Preferably, test findings should be communicated to the parent in another manner, such as providing the parent with a handout of what the test measures with samples of fictitious test items. If the parent demands to inspect the protocol, the school psychologist or other appropriately trained person should be present for this. Thus, while the parent has a right to review and inspect the record, which would include the testing protocol, they may not receive copies of the test protocols, and inspection of the actual test protocol should be a last resort.
When must confidentiality be breached?
Appropriate to disclose student confidences to others when the student requests it, when there is a situation involving danger to the student or others, or legal obligation to testify in a court of law.
What is confidentiality? How should it be explained to parents, children, and teachers?
Confidentiality is "an explicit promise or contract to reveal nothing about an individual except under conditions agreed to by the source or subject" (p.66) School Psychologists inform clients of the boundaries of confidentiality at the outset of establishing a school psychologist-client relationship. They seek a shared understanding with clients regarding the types of information that will and will not be shared with third parties and recognize that it may be necessary to discuss how confidential information will be managed at multiple points in an ongoing professional relationship. (p.14)
What should school psychologists do when they feel they must speak against the school system?
Emphasize the positive effects of implementing new policies rather than criticize existing ones; Be aware of when you are speaking as an employee vs citizen; seek legal advice; document advocacy actions carefully and retain records of performance appraisals. p.311-315
How can school psychologists protect teachers when consulting or when gathering fidelity data?
Establish a policy, develop a contract with the teacher when consulting
What are the ethical concerns?
Ethical concerns: Will the relationship impair the school psychologist's performance? Will there be a blurring of professional boundaries? Will there be conflicting interests?
What are the circumstances that require parental notice?
If RTI is being implemented to determine if their child has a disability. When the school refuses to evaluate along with parent rights. (Jacobs, p.166)
How many times can you see a student without permission?
If a student self refers for counselling assistance, it is permissible to see that student one or several (2) times without permission from the parents in order to establish the nature and degree of need for services and ensure that the student is safe. (NASP-PPE I.I.2) (Jacobs, p.170)
What makes a decision "ethical?"
If it is principled, reasoned, universalizable, and does 'more good than harm' it would be considered ethical (p. 24)
When do you not have to notify parents?
If the student requests treatment for substance abuse, and requests confidentiality. (Jacobs, p.179)
Can you administer a survey without parental permission?
If the survey has the potential to cause harm or distress (is personal or private in nature), then the SP must seek informed consent from parents that is knowing, voluntary and competent. (Jacobs, p.280) (see Merriken v. Cressman)
What steps should the school psychologist take if confidentiality must be breached?
In a Teacher consultative relationship- "before breaching confidentiality, the consultant must have expended all resources at influencing the consultee to take collaborative action" (p.234) Psychologists reveal confidential information to others "only with the consent of the person or the person's legal representative, except in those unusual circumstances where not to do so would result in clear danger to the person or others" (p.69)
Does confidentiality apply to the results of assessment? If so, how?
Information included in the student's school psychological file or other education record as defined by FERPA cannot be considered privileged because it is accessible to parties outside of an established school psychologist-client professional relationship (pg. 80).
Who must provide consent for a minor child to be involved in research?
Informed Consent must be provided from the minor child's parent or guardian. It is suggested to get assent from the child.
When there is conflict between administrators and the welfare of an individual student, what kind of complication might this cause for a school psychologist?
It can lead school psychologists to create avoidable ethical dilemmas in cases Obligation to speak up for the rights and welfare of the student School psychologists reported pressure from their supervisors to put the administrative needs to the district (costs, to maintain discipline) ahead of the rights and needs to students But school administrators face pressures to base decisions on the "good of the whole" rather than the needs of individual students and carefully manage limited resources.
Who is responsible for the work and behavior of school psychology students in the field setting?
It is the responsibility of the supervisor to evaluate the competence of the supervisee. The work and behavior is evaluated by the supervisor and if it is determined that the supervisee's actions harmed a student the school and the supervisor can be held liable.
Why was the Canadian code unique?
It was the first to be conceptually organized and cohesive Utilized empirical data and dilemmas to assist practitioners in ethical decision making First code to look beyond the client to address benefitting society and the environments client's function within
Why is it important to have a deep understanding of ethics?
It will ensure that each person served by a school psychologist will receive the highest quality of professional service. The public's trust in psychologists and psychology is enhanced and maintained :) p.3
What are the 3 key elements of informed consent?
Knowing Competent Voluntary
If a school psychologist is required to work with teachers to remedy learning/behavior problems in the classroom prior to seeing a child for psychological assessment, how can the school psychologist make this happen if the school doesn't have RTI?
Make sure the handbook informs families that the SP routinely assists teachers in planning classroom instruction and monitoring effectiveness and district poly does not require parent notice or consent for this support (p. 166)
Is student consent required for assessment?
Minors have no legal right "to consent, assent, or object to proposed psychoeducational evaluations" (Bersoff, 1983, p. 153). In our opinion, it is ethically permissible to assess a minor child without his or her explicit assent if the assessment promises to benefit his or her welfare (e.g., the planning of an individualized instructional program to enhance student learning) (pg. 174 & 175) .
What is the impact of sharing sole possession notes?
Once sole possession notes are shared with another professional or with the student or the student's family, these notes subsequently must become part of the student's official psychological/educational record. Once the content of personal notes is shared (verbally or otherwise), the content is no longer considered to be in sole possession, and must now accompany all other content within the student's official record. All data and information that are used to make educational decisions about a child are subject to review by the parent, and so any information from the sole possession record of the school psychologist that is shared in a consultative fashion must then enter the student's official record.
Who may provide supervision for school psychology students and practitioners?
Other, more experienced, school psychologists may provide supervision for school psychology students and practitioners. The supervisor must be state certified and have three years of experience as a practicing school psychologist.
Why are ethics codes called "imperfect guides?
Reactive (does not address new and emerging ethical issues) Vague May conflict with law (p. 3&4)
What are the three broad ethical principles of the Belmont Report? p.293
Respect For Persons—the obligation to respect the autonomy of individuals and protect individuals with diminished autonomy. Beneficence—the obligation donoharm,to maximize possible benefits and minimize possible harm Justice—the obligation to ensure that all persons share equally in the burdens and benefits of research.
What are the four broad ethical principles that underlie ethical codes?
Respecting the dignity and rights of all persons. Professional Competence and Responsibility. Honesty and Integrity in professional relationships. Responsibilities to schools, families, communities, the profession, and society.
Why is it important to gain a student's assent to service?
School Psychologists are ethically obligated to respect the dignity, autonomy and self-determination of students. Further, they are ethically obligated to inform students of the scope and nature of services. (Jacobs p.209) Students will be more motivated and compliant if we can gain their assent. (p.50)
Must school psychologists speak up as advocates for children if this is contrary to their obligations to the school district?
School based practitioners are not ethically required to engage in insubordination as part of their efforts to advocate for children. p.309-313
When dealing with multiple clients, what ethical stand should the school psychologist take?
School psychologists should avoid dealing with multiple relationships, and must refrain from any activity that may interfere with professional effectiveness. School psychologists must attempt to resolve such issues in a manner that best benefits the client.
What is Section 1983
Section 1983 of the Civil Rights Act of 1871. This statute was passed following the Civil War as a reaction to the mistreatment of African Americans, and it originally was known as the Ku Klux Klan Act. Under Section 1983, any person whose constitutional rights have been violated by a government (school) official may sue for damages in federal court, and the official may be held liable for damages. (pg. 44) Section 1983 lawsuits are often referred to as constitutional torts, and the court decides whether there was a duty to the student, whether the duty was breached, the student suffered injury, and whether the breach of duty was the proximate cause to the student's injury. A student whose civil rights were violated under section 1983 may sue the school board, principal, teacher, and/or school psychologist responsible in federal court, thereby bypassing any state law granting school personnel immunity from liability during performance of their job duties (pg. 52 with specific cases).
What should a school psychologist do who does not have the expertise to implement a particular service?
Seek assistance (p. 14) NASP-PPE II.1 school psychologists engage only in practices for which they are qualified and competent. NASP-PPE II.1.1 they enlist the assistance of other specialists in supervisory, consultative, or referral roles as appropriate in providing effective services. SP provide consultation only within the boundaries of their competence (p. 194)
What circumstances impact confidentiality with children?
Self-referral for counseling services- it is ethically permissible to provide psychological assistance without parent notice or consent for one or several meetings to establish the nature and degree of the need for services and assure the child is safe and not in danger. "Ordinarily, school psychologists seek the student's assent to services; however, it is ethically permissible to bypass student assent to services if the service is considered to be of direct benefit to the student and/or is required by law" (p.13)
What is a sole possession record? May school psychologists keep such notes?
Sole possession records are records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible to or revealed to any other person except a temporary substitute for the maker of the record. They are not part of the educational record and are thus able to be kept private. School psychologists may keep such notes, and these notes are confidential. No one else would be allowed access to these notes besides the school psychologist. However, a school psychologist's sole possession notes can still be subpoenaed by a court of law, so the school psychologist should still be very careful about what is written in sole possession notes. Sole possession notes should also be destroyed as soon as they are no longer needed.
(RTI assumes that if a child fails to respond to instruction or interventions that works for other children, the child has a SLD. Why might this be incorrect? Dombrowski & Gischlar
Standard 13.7 recommends that multiple sources of information and data are considered when making placement decisions that portend to have a major impact on students. First, it is difficult to determine an appropriate peer group for comparison because implementation of interventions differs greatly across classrooms, schools, districts, and states. Responsiveness in any one instructional program may certainly be influenced by personal characteristics of the student and teacher and available resources, including time allocated to intervention Second, there is lack of a clear definition of "unresponsiveness". RTI data should be but one component of a multidisciplinary evaluation, which may include a variety of assessment modes, with careful consideration given to exclusionary and inclusionary criteria.
What is the purpose of FERPA?
The Family Educational Rights and Privacy Act of 1974 (FERPA) provides statutory protections for the privacy rights of students and their parents. More specifically, the federal legislation addresses the privacy of student records and access to those records. Under FERPA, education records are defined as any records maintained by the school that are directly related to the student.
What is privileged communication?
The LEGAL right of the client to prevent disclosure to other parties of information revealed in an established psychologist-client relationship. If a psychologist discloses privileged client information to others without first obtaining client consent, the practitioner has violated the trust of the psychologist-client relationship and may put him-or herself for a malpractice suit.
How do ethical standards apply to multiple relationships?
The client's best interest must come first in making decisions regarding multiple relationships.
How are ethical complaints to be addressed first?
The committee investigates complaints alleging violation in the ethics code by APA members. It also investigates notices of action or charges pending against APA members from entities such as state licensing boards to determine whether the member also violated the APA code of ethics. NASP's Ethical and Professional Practice Committee- responds to questions regarding professional practice and are committed to responding to any ethical misconduct. Both APA and NASP require members to monitor the ethical conduct of their professional colleagues, and support the attempt to resolve concerns informally before filing a complaint.
When you encounter a very challenging ethical dilemma what are your options for consultation?
The critical-evaluative level of ethical decision making involves following a systematic procedure. This procedure may involve the exploration of feelings and beliefs, but also includes consideration of general ethical principles and codes of ethics and possibly consultation with colleagues" (p.37) "Haas and Malouf (2005, p. 3) suggested that an act or a decision is likely to be viewed as ethical if it has these three characteristics: (1) The decision is principled, based on generally accepted ethical principles; (2) the action is a reasoned outcome of a consideration of the principles; and (3) the decision is universalizable, that is, the psychologist would recommend the same course of action to others in a similar situation". (p.38)
What ethical considerations apply in consultation? Who is the client?
The ethical considerations that should be applied during consultations are Autonomy and self-determination, including the welfare of the consultee and the student. Informed consent is needed from the parent if an intervention is planned, also informed consent is important to provide for the consultee (teacher) as well so there is an understanding of services. Confidentiality also needs to be discussed with the consultee, noting that consultation is not confidential. Fairness and nondiscrimination, professional responsibility, and competence are also apart of the ethical considerations for consultative services with a teacher. The teacher is the recipient of the services but the students welfare is the primary importance of consultation.
When can a student give informed consent?
The legal system considers children to be incompetent and not capable of making legally binding decisions, so in a school setting a student can only give informed consent if they are 18 years or older. Additionally, if a student self-refers for assistance, it is ethically permissible to meet with the student for several meetings to determine the nature and degree of services.
When must privileged communication be breached?
The parent or legal guardian has the rights to disclose/or not disclose information to third parties. If the client knows the limits of their communications that are privileged- the school psychologist has the right to breach privilege under the rights of duty to protect. SP is required to report information under state law: Suspected child abuse or other state mandates reporting. Client expresses intent to engage in conduct likely to result in imminent death or serious injury to the client or others, during legal proceedings to hospitalize a client for mental illness, for court orders psychological examination of a client, when a client claims mental illness as part of a legal defense, and during malpractice suits filed by client against the psychologist. Judges may also waive privilege in child custody proceedings.
How should a school psychologist respond to a threat of client self harm?
The school psychologist has both the ethical and legal responsibility to respond to a threat of client self-harm. The school psychologist should respond by conducting a threat assessment, which would consist of asking the student if he or she has an active plan, whether there has been a past attempt, whether the self-harm is suicidal (indicating immediate need for intervention) or self-injurious (indicating need for monitoring/follow-up) in nature, etc. Threats of self-harm must be shared with the parent or guardian. Additionally, there should be a plan made so as to not leave the student unattended, both at school and at home, until a clinical evaluation can be conducted. The school psychologist should arrange for a clinical evaluation in consultation with the parent/guardian, administration, and a hospital/emergency care provider. If a school psychologist fails to act upon or take seriously a threat of client self-harm, he or she may be held civilly liable for failure of duty to act.
How can a school psychologist protect teachers when gathering fidelity data?
The school psychologist must inform the teacher that the principal may be notified if practices put students at risk or are detrimental to the child. The school psychologist must identify the limits to the promise of confidentiality.
What expectation of privacy can you have in using school owned computers?
The use of laptop computers must be addressed in the informed consent process along with keeping and transporting electronic records. Use a double system for confidential files-use a password for your computer and then a different password for each student file Don't allow others to use it
How should ethical decisions be made?
There is an 8 step problem-solving model that is suggested, created by Koocher and Keither-Spiegel. The steps are: Describe the parameters of the situation Define the potential ethical-legal issues involved Consult ethical and legal guidelines and district policies that might apply to the resolution of the issue Evaluate the rights, responsibilities, and welfare of all affected parties Generate a list of alternative decisions possible for each issue Enumerate the consequences of making each decision. Evaluate the short-term, on-going, and long-term consequences of each possible decision, considering the possible psychological, social, and economic costs of affected parties. Consultation with colleagues may be helpful. Consider any evidence that the various consequences or benefits resulting from each decision will actually occur. Make the decision. Consistent with codes of ethics, the school psychologist accepts responsibility for the decision made and monitors the consequences of the course of action chosen.
How do ethics codes and professional guidelines differ?
They differ in both scope and intent. Ethics codes are the FORMAL principles that make clear the proper conduct of a professional school psychologist. Professional guidelines are to PROTECT the public and those who receive school psychological services by sensitizing school psychologists to the ethical aspects of their work. Guidelines are viewed as suggestions or recommendations, and are generally advisory or aspirational.
Why were ethics codes established?
To educate the public, the school psychologist, and those who receive services. To help adjudicate complaints, and to encourage professional conduct (p.3)
Can you share information with a child's teacher?
Yes, if the teacher has a need to know and information is essential to the understanding and resolution of the child's difficulties (p. 52)
What underlies all ethical codes?
avoiding wrong doing, doing the right thing, doing what is best, and doing what we should do establishing ethical principles of action. reflectively analyzing and evaluating the rightness or wrongness of actions. practically making decisions often in the context of conflicting values or competing stakeholders. prioritizing and integrating diverse values in crafting decisions, policies, or recommendations.
What are the ethical requirements to develop competence?
have sensitivity to the ethical components of their work and aware that their actions have real ethical consequences that can potentially harm as well as help others. sound working knowledge of the codes of ethics, professional standards, and law pertinent to delivery of services. committed to proactive rather than reactive stance in ethical thinking and conduct. have the ability to analyze the ethical dimensions of a situation and demonstrate a well-developed ability to reason about ethical issues and have mastered the use of a problem-solving model. strive to understand the manner in which culture influences their own view of others and other's view of them. awareness of their own feelings, beliefs, and values and their potential influence on professional decision making. strive for excellence rather than meeting minimal obligations outlined in code of ethics. acknowledge and accept that there may be more than one appropriate course of action. have the personal strength to act on decisions made and accept responsibility for their action.
What were the two (2) strategies to cope with inappropriate directives did the respondents to Boccio et al.'s survey suggest most?
involving colleagues in the problem-solving process. working to educate administrators about the ethical and legal requirements of school-based practice and the consequences of violating these mandates
What is the duty to protect? With what famous case is this associated?
"Duty to protect" means school-based practitioners have a legal as well as an ethical obligation to take reasonable steps to protect all students from reasonably foreseeable harm. (p.211) → In Pesce v. J. Sterling Morton High School (1987), the court held that the duty to protect schoolchildren by reporting suspected child abuse outweighs any right to confidentiality of the school psychologist-client relationship. (p.212)
Where does responsibility for ethical behavior rest?
"In all situations, the responsibility for ethical conduct rests with the individual practitioner" (p.4)
How does Title IX address discrimination based on sex?
"Sexual harassment is a form of discrimination prohbitied by Title IX when such harassment interferes with a student's right to equal educational opportunity. After receiving notice of a violation, the OCR may order a school district to engage in remedial actions to correct the discrimination. If voluntary compliance cannot be achieved through informal actions, the OCR may take steps to suspend federal funding to the school." (p.284)
When did APA first adopt an ethics code?
1953
When did NASP first adopt an ethic code?
1974
When was the last revision to the NASP ethics code?
2010
What is meant by the term "mandated reporter?"
A mandated reporter is a person who, because of their profession, is to ensure a report is made to child protective services each time an incident of child abuse is suspected. (p.212)
Why is it helpful to understand the ethical codes for APA and other groups as well as the NASP ethical code?
A psychologist with a broad knowledge base of ethical principles will likely be better prepared to make sound choices when ethically challenging situations arise; regardless of membership association, practitioners may be expected to abide by both ethical codes. p.8
When should the parameters of confidentiality be discussed?
At the outset of counselling and periodically after that.
What does it mean that a school psychologist has an ethical responsibility to actively pursue?
Awareness and knowledge of how cultural and experiential factors influence functioning. Fairness in administration, interpretation, and decision-making. Interpret in light of the child's background (p. 6,7).
Can a school psychologist provide a new intervention that she has heard about from a friend?
Both NCLB and IDEA 2004 recommend that we use scientifically based academic and behavioral interventions. (p. 164). NASP-PPE II.3.9 preference is given to interventions in the peer-reviewed professional research literature and found to be efficacious (p. 273).
Must school psychologist speak up as advocates for children if this is contrary to their obligations to the school district?
Children are their primary responsibility, but school psychologists do not have to be insubordinate.
What parameters surround the issue of confidentiality in supervision?
Generally, confidentiality is applied to the supervisor- supervisee relationship, but supervision often involves evaluations of the supervisee, which is shared with others.
What ethical standards should a school psychologist follow during assessment?
Multifaceted: Psychoeducational assessment of a child with learning or behavior problems must be based on information "gathered from multiple measures and multiple informants." Under IDEIA and consistent with codes of ethics, evaluation procedures must include findings from a variety of assessment tools and strategies "to gather relevant functional, developmental, and academic information, including information provided by the parent" (34 FR § 304[b][1], also [c][2]; NASP-PPE II.3.3). Comprehensive: Children with suspected disabilities must be assessed "in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities" (34CFR§ 300.304[c][4]; alsoNASP-PPE II.3.4). Fair: School psychologists strive to conduct fair and valid assessments. "They actively pursue knowledge of the student's disabilities, and developmental, cultural, linguistic, and experiential background and then select, administer, and interpret assessment instruments and procedures in light of those characteristics" (NASP-PPE II.3.5). Valid: "School psychologists use assessment techniques and practices that the profession considers to be responsible, research-based practice" (NASP-PPE II.3.2). They "select assessment instruments and strategies that are reliable and valid for the child and the purpose of the assessment" (NASP-PPE II.3.2). To ensure reliable and valid findings, IDEIA also requires that assessment and evaluation materials be administered by trained and knowledgeable personnel, in accordance with any instructions provided by the producer of such assessments. Pages: 176 - 179
What are multiple relationships?
Multiple relationships: Taking on a professional role when their own interests could reasonably be expected to impair their objectivity, competence, or effectiveness or expose clients to harm or exploitation. In terms of parents; when the school psychologist takes on a role in relation to a student's parents and at the same time has another relationship with the parents or a person closely associated with the parents.
May practicum and intern students provide services? What ethical standards are involved?
NASP Standard I.1.3 Seeking Informed Consent: Services provided by interns, practicum students or other trained is explained and agreed upon. -NASP Standard II.2.4 Responsibility for graduate students' work: The school psychologist is responsible for supervisees' work. -NASP Standard IV.4.2: Graduate student supervisions: Site supervisors are responsible for supervisees and need to provide adequate supervision.
What are the ethical implications of working with children from culturally diverse backgrounds?
NASP Standard I.3.1 Discrimination: Do not engage in or condone discrimination of any kind. - NASP Standard I.3.2 Correcting discriminatory practices: Correct school practices that are unjustly discriminatory or that deny students or others legal rights. Foster an inclusive climate especially toward those marginalized.
What ethical standards apply to the use of computers and software programs?
NASP Standard II.4.1 Notification of rights and responsibilities regarding records: Notify parents and adult students about all aspects of records and electronic storage, along with the risks to privacy. -NASP Standard II.4.6 Access to records by school personnel: Only those who have a legitimate educational interest are given access without prior permission to physical or electronic records. -NASP Standard II.4.7 Electronic record keeping: Protect electronic files from unauthorized release, or modification, using passwords and encryption, and protect data from being lost due to equipment failure.
How do NASP and APA ethics codes differ?
NASP focuses on the special challenges of school-based practice. APA focuses on psychologists with training in diverse specialty areas (clinical, industrial-organizational) and who work in a number of different settings (private practice industry, hospitals and clinics.)
Are school psychologists obligated to offer a number of options for consideration or specific recommendations?
NASP-PPE II.3.10 refers to discussing recommendations with parents to promote and encourage parental participation, and NASP-PPE II.3.11 involves discussing recommendations with students to invite them to participate in selecting and planning interventions. Options for consideration because of parent's rights??? Recommendations are discussed with parents (NASP-PPE II.3.10) and with students (NASP-PPE-II.2.11)
What are the goals of ethics training?
Practitioners are aware that their actions have real ethical consequences that can potentially hurt others Practitioners have a sound working knowledge of the codes of ethics, standards and law. Practitioners are committed to a proactive (rather than reactive) stance in ethical conduct. Practitioners will be able to analyze the ethical dimensions of a situation and demonstrate well developed ability to to reason about ethical issues. Practitioners will understand that ethics are related to culture and strive to understand the manner in which culture influences their own views. Psychologists are aware of their own feelings and beliefs. Practitioners do their best to engage in positive ethics- striving for excellence rather than meeting minimal obligations outlined in codes of ethics and law. Practitioners appreciate the complexity of ethical decisions. They know there may be more than one appropriate course of action. Practitioners have the strength to act on decisions made and accept responsibility for their actions.
Is parent consent required for assessment? If so, what exceptions apply?
Under IDEIA—Part B, parental written consent (permission) must be obtained before conducting a preplacement evaluation and before the initial placement of a child in special education. If the parent refuses consent to the initial preplacement evaluation, the LEA may request mediation or a hearing to override a parent's refusal to consent. However, if the parent of a child who is homeschooled or parentally placed in a private school does not provide consent for the initial evaluation or reevaluation, or if the parent fails to respond to a request to provide consent, the LEA may not use the consent override procedures (34 CFR § 300.300)(pg 140&141). Parent consent also is required for subsequent reevaluations of a child, unless the school can demonstrate that it has taken reasonable measures to obtain consent and the child's parent failed to respond. It also should be noted that if the parent refuses to consent to the initial placement of a child in special education, the school may not use mediation or due process procedures to override parent consent. Thus, consent for initial evaluation should not be misconstrued as consent for placement (34 CFR § 300.300)( pg.141).
When there is an ethical decision to make, how should school psychologists go about making the decision?
Using a decision making model is now widely considered best practice. Eight step problem solving model (see #50 or #98). p. 25
In what situations may a student be seen without informed consent?
When reviewing educational records When conducting classroom observations When assisting with in-class interventions When assisting with progress monitoring When participating in approved screening
What are the three situations in which the school psychologist is obligated to share confidential student disclosures?
When the student requests it A situation involving danger to the student or others When there is a legal obligation to testify in a court of law (Jacobs. p.67)
When may confidentiality in the supervisory relationship be breached?
When the supervisor must provide an evaluation of the supervisee's performance which needs to be shared with others.
Is progress monitoring ethical?
Yes. School psychologists are ethically obligated to use a data-based problem solving process to plan and monitor the effectiveness of interventions. p.203