Ethics

Mills v. Board of Education of District of Columbia

Holding: No child eligible for a publicly supported education could be denied such education without an equal alternative tailored to the child's needs. In addition, the district's practice of excluding of children with disabilities from education was deemed unlawful.

What three areas in education are affected by the First Amendment?

Free speech Assembly Religion

How is the 10th Amendment relevant to school law?

Gives states the right to educate children. Because education is an entitlement given by the state, it is a property right held by students.

ADA

Guarantees equal opportunity to individuals with disabilities in employment, public accommodation, transportation, government services, and telecommunications

Zelman v. Simmons-Harris (2002)

Holding: A school voucher program, which offers parents the option to send their children to a private school, is not in violation of the Establishment Clause, where the vast majority of participating private schools are affiliated to a religious group

Sterling v. Borough of Minersville (2006)

Holding: Disclosure of sexaul orientation is a violation of constitutional right to privacy unless there is a "genuine, legitimate, compelling" government interest in the disclosure

Oberti v. Board of Education of the Borough of Clementon (1993)

Holding: Established inclusion with supplementary aids and services as the presumption because it is "a fundamental value of the right to public education for children with disabilities." This case established that if placement outside the classroom is necessary, the school district must then include the child in as many school programs with children who do not have disabilities "to the maximum extent appropriate."

Doe v. Wither (1993)

Holding: General educators must make good faith efforts to provide required accommodations for students with disabilities

Merriken v. Cressman (1973)

Holding: Invasion of family privacy violates parents' rights under the 4th Amendment. Ruling was that parents have the right to be free from invasion of family privacy by the school.

Tarasoff v. Regents of University of California (1976)

Holding: Mental health professionals have a duty not only to a patient, but also to individuals who are specifically being threatened by a patient, and must warn those being threatened

What is the ESEA, what does it do, and what other names has it had?

Federal funding program for education. Elementary and Secondary Education Act; No Child Left Behind; Every Student Succeeds Act. NCLB included various accountability requirements, which were watered down in ESSA.

Goss v. Lopez (1975)

Holding: No student can be deprived of their property rights (right to attend school/receive an education) without proper due process. This means that students may not be suspended/expelled or otherwise without an impartial, fair due process that involves notice and the opportunity to be heard.

Rowley v. Board of Education (1982)

Holding: Not required that the special instruction and supportive services provided under the law by state governments to disabled students be designed to help them achieve their full potential as learners. Instead, it is sufficient that the instruction and services be such as "to permit the child to benefit educationally from that instruction"

Epperson v State of Arkansas (1968)

Holding: Public Education is under the control of state and local government. Schools cannot establish any specific religion and cannot prevent students from exercising a specific religion

Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002)

Holding: Random drug tests of students involved in extracurricular activities do not violate the 4th Amendment.

Diana v. State Board of Education (1970)

Holding: Required the schools to assess primary language competence prior to the administration of assessment instruments.

PASE v. Hanson (1980)

Holding: Ruled that IQ tests do not result in racially-biased decisions when used in conjunction with other assessment procedures as outlined in IDEA.

Hobson v. Hanson (1967)

Holding: Ruled that track system based on IQ testing is unconstitutional b/c discriminates against poor children and Black students

Larry P. v. Riles (1970)

Holding: Ruling banned use of IQ tests with Black children in California. Later reversed (1994) by the same judge but ban was continued by the state legislature.

Guadalupe Organization, Inc v. Tempe School District (1972)

Holding: Ruling required an IQ score of ≥2SD< mean on IQ test in own language and evaluation of adaptive behavior prior to placement in a classroom for the mentally retarded.

Lau v. Nichols (1974)

Holding: School districts receiving federal funds must act to correct students' linguistic deficits to ensure they receive an equal education

Engel v. Vitale (1962)

Holding: School initiated prayer in the public school system violates the 1st amendment

Tatro v. Irving (1984)

Holding: Schools are required to provide medical services for children so that they can remain at school during the day under the related services provision of IDEA

Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania (1971)

Holding: Settled when the state agreed to provide a free public education to children with mental retardation. The Court's decree laid the foundation for the establishment of the right to an education for all children with disabilities. (Paved the way for Mills v. Board of Education)

Brown v. Board of Education (1954)

Holding: States must make equal educational opportunity available to all students regardless of race. Provision of inadequate and separate schools was deemed a violation of equal protection under the 14th amendment. (paved the way for PARC v. Commonwealth and Mills v. Board of Education)

Bethel School District #43 v. Fraser (1987)

Holding: Students do not have a first amendment right to make obscene speeches in school; Schools' rights to discipline speech made on campus or during school events that contains a threat, is offensive or vulgar

New Jersey v. T.L.O (1985)

Holding: Students have a right to be free from unreasonable search and seizure under the 4th Amendment. If schools have "reasonable suspicion" they are allowed to search students. In other settings, officials must demonstrate "probable cause" in order to search.

Tinker v. Des Moines (1969)

Holding: Students maintain fundamental rights even within schools, however they can be modified when such actions disrupt learning.

What does the Protection of Pupil Rights Act do?

Requires schools to obtain written parental consent and provide opportunities to review before students participate in a survey, analysis, or evaluation involving certain kinds of personal information.

Mark H. v. Lemahieu

Denial of appropriate education may be a violation of IDEA, but not 504

What are the five aspirational APA principles?

1. Beneficence and non-maleficence. 2. Fidelity and responsibility. 3. Integrity. 4. Justice. 5. Respect for peoples' rights and dignity.

Layshock v. Hermitage School District, 2007; Killion v. Franklin Regional School District, 2001

Derisive and derogatory communication against staff have been ruled as beyond the scope of school discipline

Garcetti v. Ceballos (2006)

"When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." "Without a significant degree of control over its employees' words and actions, a government employer would have little chance to provide public services efficiently...Thus, a government entity has broader discretion to restrict speech when it acts in its employer role, but the restrictions it imposes must be directed at speech that has some potential to affect its operations."

Pickering v. Board of Education of Township High School District 205, Will County (1968)

"in the absence of proof of false statements knowingly or recklessly made by the teacher, his right to speak on issues of public importance could not furnish the basis for his dismissal, and that under the circumstances...his dismissal violated his constitutional right to free speech" (1968, p. 563).

What are the four required elements of a written mandated report?

* Child identity * Suspected perpetrator identity * Nature and extent of abuse * Name and address of reporter

What are five anti-discrimination laws that are important to schools, and what do they do?

* Civil Rights Act of 1871, allows people to sue for damages for civil rights violations. * Civil Rights Act of 1964, prohibits discrimination for race, ethnicity, or national origin. * Title IX, prohibits sex discrimination. * Rehabilitation Act of 1973, prohibits discrimination on basis of handicap. * ADA, guarantees equal opportunities to individuals with disabilities.

What are the three basic requirements of confidentiality?

* Define parameters of confidentiality at the outset * Disclose to protect others or when required by law * Disclose only essential information with those with a need to know

Name five situations in which consent is NOT required.

* Initial screening * Schoolwide activities * Emergencies * Assessing need for services * Consulting

Under what four circumstances can a minor be considered emancipated?

* Legally designated * Living independently * Married, or * Has borne a child

What is the difference between notice and consent?

* Notice - tell the family you're going to do something. * Consent - must obtain permission to do something.

What are the six requirements for a student to be considered a mature minor for purposes of consent?

* Parental involvement is impractical or problematic * Student is 15 years or older * Student is able to give informed consent * Treatment is for the student's benefit * Treatment is deemed necessary * Treatment does not involve complex, high-risk medical procedures or surgery

What eight kinds of personal information are covered by the Protection of Pupil Rights Act?

* Political affiliation * "Embarrassing" psychological problems * Sexual behavior or attitudes * Religious affiliation and practices * Family income * Illegal, antisocial, self-incriminating, or demeaning behavior Critical appraisals of family members * Legally recognized privileges

What are three key components of competence?

* Practice within bounds of competence * Use scientific knowledge to help clients * Accept responsibility for work

Name seven situations in which FERPA authorizes disclosing student records without parental consent.

* To school official with legitimate educational interest * Emergencies * Juvenile justice system, per state law * Research studies without personally identifying information * Audits/evaluations of school * Legal action by parent or school

What are the two time deadlines for mandated reporting?

1. 24 hours - phone call 2. 72 hours - written report

What are eight areas of ethical transgressions witnessed by school psychologists?

1. Assessment 2. Intervention 3. Yielding to administrative pressure 4. Yielding to parent pressure 5. Record keeping 6. Competence 7. Confidentiality 8. Dual relationships

Identify and describe the two duties established in Tarasoff:

1. Duty to warn - "Privilege ends where public peril begins." 2. Duty to protect - "Exercise reasonable care to protect the foreseeable victim."

What are five elements of a good consultation contract?

1. General goals 2. Tentative time frame 3. Consultant responsibilities 4. Consultee responsibilities 5. Confidentiality rules

What are the five components of emotional competence?

1. Having the capacity to monitor capacity for services, need for personal support or breaks, and professional resources. 2. Interpersonal functioning. 3. Self-care. 4. Ethical decision making. 5. Awareness of and sensitivity to diversity.

What are the four aspirational NASP themes?

1. Honesty and integrity in professional relationships. 2. Responsibility to schools, families, communities, the profession, and society. 3. Professional competence and responsibility. 4. Respect for dignity and rights of all persons.

What are three questions to ask yourself when deciding if an action is ethical?

1. Is the action fair? 2. Would I recommend it to a peer? 3. Would I want it made public?

What is the two-part test for determining whether a child can be held for involuntary treatment?

1. Mental illness, cognitive disability, or chemical dependence, and 2. Danger to self or others

What are the four elements of malpractice?

1. Professional relationship 2. Breach of standard of care 3. Harm to client 4. Breach of care caused the harm

What are eight factors that interfere with ethical practice?

1. Time 2. Peer pressure 3. Administrative pressure 4. Cost 5. Avoidance 6. Arrogance 7. Conflicting rules, standards, and guidelines 8. Ignorance

Under what two situations do you NOT need parental consent to establish a psychologist-client relationship with a student?

1. Urgent situations 2. Self-referral by a minor

This amendment views education as a property right

10th

This amendment provides equal protection and due process

14th

This amendment provides freedom of religion and expression

1st and 4th

This amendment provides protection against unreasonable search and seizure

4th

Lyons v. Smith

504 eligibility "does not necessarily mean that [the child] is entitled to the special education"

Plyler v. Doe

A 1982 Supreme Court case that guaranteed the rights of undocumented students to attend K-12 public schools under equal protection provisions of the 14th Amendment.

PPRA

Also known as the Hatch Amendment, requires schools to obtain written parental consent and provide opportunity to review before students participate in survey, analysis, or evaluation with certain personal information (e.g. political affiliation, psychological problems, sexual behavior, criminal behavior, religious practices, family income)

Chevron v. Natural Resources Defense Council

Appropriate = "as adequately" as other individuals

Which APA ethics materials are aspirational, and which are enforceable?

Aspirational: Preamble, principles Enforceable: Standards

Which NASP ethics materials are aspirational, and which are enforceable?

Aspirational: Themes Enforceable: Principles, standards

What is the key Supreme Court case based on the 14th Amendment, and what did it decide?

Brown v. Board of Education, which banned racial segregation in schools.

Davis v. Monroe County (1999)

By noting that because there is an implied private right to education under Title IX, private damage actions may lie against schools that act with deliberate indifference to harassment that is severe enough to prevent victims from enjoying educational opportunities

Section 504

Civil rights legislation that prohibits discrimination against pupils with disabilities in school systems receiving federal financial assistance

What are the four basic sources of school law?

Constitution Statutes Regulations Case law

What does "FERPA" stand for, and what are the three main areas covered by FERPA?

Family Educational Rights and Privacy Act * Confidentiality of student records * Parent right to access records * Parent right to challenge accuracy of records

Under FERPA, what is an educational record, and what are six categories of exclusions?

Educational record: "Any record, directly related to the student, maintained by the school." Exceptions: * Directory information * Records of school law enforcement * Employee records * Grades on students' corrected papers * Records made or maintained by psychologist in connection with treatment, unless treatment is remedial or part of instructional program * Sole possession records (personal notes)

In what two ways are the 14th Amendment relevant to school law?

Equal protection Due process (substantive and procedural)

What are the three elements of informed consent?

Knowing Voluntary Competent

Where do ethics fit within the NASP model of professional services by school psychologists?

Legal, ethical, and professional practice is one of the three foundations of school psychologists' service delivery (along with diversity in development and learning, and research and program evaluation).

PDC Teacher Protection Act

Limits liability for teachers and school officials when they undertake reasonable actions

What does the Teacher Protection Act do?

Limits liability for teachers or school officials when they take reasonable actions. Generally, if staff follows school rules when acting to maintain order, they will not be subject to individual liability.

Casteneda v Pickard (1981)

Made it possible to substantiate a violation of Section 1 703(f)) following from Lau, on three grounds 1. A basis in sound educational theory 2. Resources and personnel reasonably provided to implement the theory 3. Evaluation of effectiveness of the program

What case held that parents have the right to be free from invasion of family privacy at school?

Merrikan v. Cressman (1973).

What is the practical definition of ethics?

Moral judgment + common sense = ethical behavior

What case held that students have the right to be free from unreasonable search and seizure?

New Jersey v. TLO (1985).

Do students generally have a right to confidentiality independent of their parents? What are eight exceptions?

No! * Emancipated minor * Mature minor * Pregnancy * STDs * Abortions * Alcoholdrug abuse assessment or treatment * Emergency care * Inpatient mental health services (16+)

Civil Rights Act, 1871

People whose rights have been violated can sue for damages in federal court

How is the Fourth Amendment relevant to educational law, and what is the key Supreme Court case on this issue?

Privacy rights. Merrikan v. Cressman - parents have the right to be free from invasion of privacy.

Civil Rights Act

Prohibits discrimination based on race, color, or national origin

Title IX

Prohibits discrimination of the basis of sex

Rehabilitation Act

Prohibits discrimination on the basis of any handicapping condition in any program or activity receiving federal funds

Exception

Schools cannot override a parents non-consent and parents can withdraw their child from special education at any time

O.Z. v. Board of Trustees of Long Beach Unified, 2008; J.S. v. Bethlehem Area School Dis¬trict, 2002

Schools' right to disciplinary action for hate speech or threatening communications originating out of school time

Morse v. Frederick, 2007

Schools' rights to discipline speech made on campus or during school events that promotes illegal drug-use

Hazelwood v. Kuhlmeier, 1988

Schools' rights to discipline speech made on campus or during school events that uses school resources; Holding: Administrators may edit the content of school newspapers

Child Find

States must identify, locate, and evaluate all children with disabilities birth through age 21

Zero Reject

States must provide full educational opportunity regardless of severity, expense, or perceived benefit

What case held that a disclosure of sexual orientation is a violation of a student's right to privacy? What is the exception to this rule?

Sterling v. Borough of Minersville (2000). Exception is if there is a "genuine, legitimate, compelling" government interest in the disclosure.

Wisniewski v. Board of Education of Weedsport Central School District, 2007 as cited by Cramer & Hayes, 2010

The principle of reasonable foreseeability allows disciplinary actions for hate speech or threats originating off-campus when disruption within the bounds of school can be expected. Administrators' concern for reasonably foreseeable disruption may apply to e-mails, social networking sites, blogs, instant messages, texts, video, and other electronic media.

FERPA

The purpose of this is to ensure parents have access to their children's educational records and to protect the privacy right of parents and children by limiting access to these records without parental consent

What is the key Supreme Court case regarding free speech, and what did it hold?

Tinker v. Des Moines held that while students have First Amendment free speech rights in school, schools can reasonably restrict those rights when they interfere with schooling.

IDEA

To protect educational rights of students with disabilities. Provides money to educational agencies that provide "Free and Appropriate Educations" and comply with the law

In New Jersey v. TLO, what are the two factors in determining whether a search was reasonable?

Was the search justified from its inception? Was the search reasonably conducted related to the original justification?

ESSA

Widely known as NCLB, This program is intended to aid state departments of education and is based on four principles of education reform which include stronger accountability for results, Increased flexibility and local control, expanded options for parents, and emphasis on teaching qualifications and methods. Targets high poverty schools and children.

Are test protocols student records under FERPA?

Yes!