Professional Issues and Legal Requirements Flashcards
Informed consent vs. Assent
Informed consent - can be given by someone 18 years old or older
Assent - is an agreement but not informed consent, usually with a minor
In what cases can confidentiality be broken?
- When the student requests it
- When someone is in danger of being harmed or is being harmed
- When the law requires it
What is the duty to warn/protect?
Confidentiality can be broken when there is a clear and imminent danger to another person
Confidentiality
An explicit promise or contract to reveal nothing about a person except for under conditions that are agreed to by the person
Key elements of informed consent
- Legally competent (not a minor)
- Full disclosure
- Voluntary (no coercion, allowed to withdraw consent at any time)
Manifestation Determination
A meeting held when a student with a disability violates the school rules in order to determine whether the inappropriate behavior was a result of that disability before deciding on a disciplinary action that could end in suspension.
Least Restrictive Environment
A legal requirement for students receiving special education services to be in the most general education setting possible (as appropriate for their needs), where they can be expected to learn and socialize with their peers who are not receiving special education services.
School Psychologists and Advocacy
School Psychologists have a duty to speak up for the rights and welfare of students and parents, who cannot or will not speak up for themselves. This is done through using their expertise in psychology and education to promote changes in schools, systems, and laws.
Child Find
A function of every state that is mandated by federal law to locate and refer individuals who might require special education