Chapter 2: Law and School Psychology: An Introduction

Question 1

School-Based Practice: Special Considerations

Answer 1

• As state actors, public school-based practitioners must know and respect the legal rights of parents and students.
• Public school employees have a legal obligation to protect all students from reasonably foreseeable risk of harm

Question 2

Three Sources of Public School Law in the U.S. Legal System

Answer 2

• U.S. Constitution
• Statutes and Regulations
• Case Law

Question 3

Legal Foundations of School-Based Practice

Answer 3

• No fundamental right to an education under the U.S. Constitution
• Under the 10th, the duty to educate children and the authority (power) to do so rests with state governments
• Public education is an “entitlement” given by state government to its citizens.
• Also considered to be a “property right” protected by the U.S. Constitution

Question 4

The 10th Amendment

Answer 4

State governments have assumed the duty to educate, tax citizens to finance education and power to compel school attendance.

Question 5

14th Amendment

Answer 5

Civil Right and Due process
Created to prevent state governments from trespassing on the rights of individual citizens; due process of the law.
-Equal protection clause - no state shall deny any person within its jurisdiction the equal protection of the laws. - state must provide equal education opportunities to all citizens within its jurisdiction

-Due process - no state shall deprive any person of life, liberty or property without due process of the law.

• Epperson v state of Arkansas
• Brown v Board of Education
• Pennsylvania association for retarted students v commonwealth of Pennsylvania
• Mills v Board of Education

Question 6

1st Amendment

Answer 6

Freedom of Religion, Speech, and the Press; Rights of Assembly and Petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Tinker v Des Moines determined that students retain constitutional rights to freedom of speech in schools when it does not interrupt or disrupt with functioning in school.

Question 7

4th Amendment

Answer 7

Search and Arrest Warrants

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Privacy - Prohibition against unreasonable search and seizure.

Question 8

Civil Liability

Answer 8

Civil liability, simply stated, means that one can be sued for a acting wrongly toward another or for failing to act when there was a recognized duty to do so. Civil liability rests within the basic framework of the law of tort. A tort is a civil (not criminal) wrong that does not involve contracts.

Question 9

Family Educational Rights and Privacy Act (FERPA)

Answer 9

• No federal funds unless schools adhere to the student record keeping procedures outlined in the law.
• designed to safe-guard confidentiality of records and parent access to school records.
• parents have all access to school educational records and a hearing regarding records.
• records are only to be available to those in school setting with legitimate interest in student and with parent consent obtained.

Question 10

Protection of Pupil Rights Act (PPRA)

Answer 10

• Requires school districts that receive federal funds to notify parents when schools intent to administer survey, analysis, or evaluation that reveals one or more of 8 types of personal information.
• Ensures that parents have oppurtunity to review the content of survey or other instrument prior to distribution.
• School districts must allow parents to have child opt out of survey.

Question 11

Rehabilitation Act of 1973

Answer 11

• Sec 504 specifically prohibits discriminationa against any qualified individual soley on the basis of their disability.

Question 12

Americans with Disabilities Act (ADA)

Answer 12

• Considered most significant federal law ensuring civil rights for individuals with disabilities.
• Amended 2008 - guarantees equal oppurtunity in employment, public accommodation, transportation, state and local gov servicesetc

Question 13

Civil Rights Act 1871

Answer 13

• Section 1983 - any person whose constitutional rights have been violated by the government may officially sue for damages in federal court.