Laws and such Flashcards
Summarize Section 504 of the Rehabilitation Act
Prohibits schools from discriminating on the basis of disability. Schools must afford students with disabilities equal opportunity to obtain the same results, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the students’ needs.
What is IDEA?
Current law that gives right to a free and appropriate public education in the least restrictive environment
What is FERPA?
Sponsored in 1974; aka Buckley Amendment; gives families right to review the records of their child and the files must be kept confidential; people who do not have legal privileges cannot review a student’s file; confidentiality is central to this law
What is Section 504?
Civil rights law guaranteeing access to a school building and to a school’s curriculum; enforced by the office of civil rights (not the DOE) enforces it
No Child Left Behind
Requires schools to hire “highly qualified” and has high standards that are gauged by objective measures. Schools that don’t meet requirements can lose federal funding
Four sources of Quality Control in school psych services
- Ethics codes,
- Professional standards, -Educational Law, and -Credentialing/ training program accreditation
What are NASP’s 4 ethical principles
- Respect the Dignity and Rights of all Persons
- Honesty and Integrity in Relationships
- Responsibility to schools, families communities, the profession and society
- Professional Competence and Responsibility
Rule about Test use and misuse
You must maintain record and test confidentiality and security. You must understand the technical and psychometric principles of all measurements
rule about Confidentiality
You must make sure people know the limits of confidentiality (harm, safety) need written consent before sharing or destroying information.
What are the Supervision Standards
practitioners should known key aspects of proper supervision: Must be licensed/ credentialed, must have 2 hours a week of supervision, 1 supervisor per 10 interns.
What is the school psychologists highest responsibility?
The duty to protect children. Overrides confidentiality. Duty to warn
What is the major focus of a school psychologist?
Child benefit. Kids come first, help consultees and provide resources and information, but focus intervention to children.
What does it mean to provide balanced information?
Provide balanced opinions about the benefits and liabilities of treatments. (Don’t push Ritalin on the parents with a kid who has ADHD)
Describe the grievance process
When filing a complaint on a NASP member: you cannot be anonymous, you must speak to the person first, a committee will decide to hear the case or not, committee decides if complaint is valid. The person complained about is notify,attempts to resolve are made.
What are the Grievance actions?
Ethics committee may dismiss the case, seek more information, correct, place member on probation, require compensation or apology, require additional training, or expel from NASP
What should we know about Aversive procedures?
Restraints are discouraged, should be considered a last resort. You may use aversive procedures with informed parental consent in a situation when a child is in the act of hurting them self or others (Its okay to wrestle a gun from a kid, but not okay to pin a kid down for not listening)
What should we know about Corporal Punishment?
Spanking in schools. NASP strongly opposes this practice, if you work in a school with CP you should educate others of the harms
Short term suspensions are ____ days and under. All kids can be suspended under ___ days. If a child has an IEP and is suspended long term a ______ must occur
10 . 10 . review meeting
Short term suspensions are 10 days and under. All kids can be suspended under 10 days. If a child has an IEP and is suspended long term a review meeting must occur
describe change of Placement because of Disciplinary Removals
If a kid is removed more then 10 consecutive days the placement changes, in order to do this an FBA must be provided, the behavior (which caused removal) has to be a pattern.
The meeting that decides whether the IEP student’s 10 day suspension was a result of his/ her disability. Meeting has to be held within 10 days of placement change decision, FBA must be provided. Can be appealed by school or parents. Children with suspected disabilities (but no IEP) may be protected.
Manifestation Determination
kids with disabilities can be put into Intermim placements (45 days) regardless of Manifestation Determination IF the student __________.
brought drugs, a weapon or inflicted bodily harm.
What is Least restrictive environment?
Concept not a place. education of students with disabilities should be as close to the kids without as much as possible.
first special education law, aka PL 94-142 became IDEA
Education for All Handicapped Children Act (1975)
13 eligibility categories. Mandates FAPE in LRE. Kids qualify through discrepancy model or RTI model (NASP best practice)
Individuals with Disabilities Education Act (2004)
Created to close the achievement gap, targets high risk schools, mandates formal assessments grades 3-8, public choice is allowed if your school is low performing 2 years in a row.
No Child Left Behind (2001)
Elaborates rights and parental safeguards set forth in IDEA, EI kids covered, Students must be assessed by a MDT including parents, RTI is allowed
Individuals with Disabilities Education Improvement Act (2004)
Schools must keep good records, parents can access records, records must be kept confidential. AKA Buckley Amendment
Family Educational Rights and Privacy Act (1974)
Part of ADA (not a school specific law) broad definition of handicapped (more than 13 categories) prohibits discrimination of handicapped people in any place funded by public $. School buildings and curriculum must be accessible
The Rehabilitation Act Section 504 (1973)
Created Child Find; states must locate and id children with disabilities and provide them FAPE regardless of the severity of his/her disability
Zero Reject Principle
When must SPED complaints be filed?
Within 2 years of dispute
When must resolution meetings occur?
Within 15 days of receiving a complaint
Parents have the right to call in a 3rd party for special education disputes. This is called ____.
Due Process
Parental consent must be obtained ___
BEFORE assessment and BEFORE counseling (1st session, or emergency okay)
When must IEP meetings occur in relation to the initial evaluation?
Within 60 days after parents consent, reevals occur every 3 years
Who is on a Special Education team?
Parents, regular ed teacher, special ed teacher, lea (can make decisions), someone who can interpret evals, anyone else pertinent to child’s education including the child when old enough.
Can a SPED team member be excused?
Yes, with written permission from the parent, however some who can interpret evals MUST be present.
Which amendments pertain to educational law
10th (government has duty to education people) 14th (life, liberty, and the pursuit of happiness, and 1st (for religious affiliations)
Unless schools and parents agree the kid stays put until the due process is over
Stay Put Rule
Written IEP should contain..
- Present level of ed. performance
- Measurable annual goals statement
- Services to be provided statement
- Explanation for actives child will not participate in with non disabled kids
- Assessment modifications
- Projected start sate
- How progress towards annual foals will be measured and how parents will be notified
- Starting at age 14 a statement of transition services needed
Typical for 504 kids, not quite as indepth as IEP
Accommodation Plan
