ETHICS AND LAW FOR SCHOOL PSYCHOLOGISTS Chapters 8 and 9

Indirect Services II: Special topics in Systems-Level Consultation Chapter 9

Definitions  Systems-Level Consultation:  Cooperative problem solving between the school psychologist (consultant) and consultee(s) with a goal of improving school policies, practices, and programs so as to better serve the mental health and educational needs of all students.

Grade Retention  Grade retention has not benefits and has data support that it is detrimental to the child.  Legally, the decision must be data-driven  Legally, the decision must not result in a disproportionate number of minority students being retained.  Role of the school psychologist  Collect the data  Consult with the teachers and/or pre-referral team

Grouping  Tracking systems in schools may result in  Negatives: Often result in school-based segregation. Lower levels often receive inferior education  Positives: More appropriate educational experiences More assistance for lower levels  Special education  Concerns of disproportionality issues  Concerns with high school graduation exams  Lower self-esteem issues  Lower educational aspirations

Discipline  Discipline Policies  Students must be aware of the school rules  Rules must be clearly stated  Consequences should be explicit  Corporal Punishment  Legal in many states  Excessive use may be unconstitutional  Parents may sue (even in states where it is legal) if corporal punishment is used without their consent.

Discipline, Cont.  Suspension and Expulsion  Suspension: 10 days or less School-based decision Requires due-process hearing (informal)  Expulsion: longer than 10 consecutive days School board-based decision Requires due-process hearing (more formal)  Students with Disabilities No more than 10 consecutive days If more than 10 days within any school year must provide SPED services (even if behavior is not caused by a disability). If appropriate (behavior caused by disability): needs a Functional Behavior Analysis with a BIP If behavior is severe enough, child can be placed in an appropriate interim alternative educational setting for not more than 45 days. The IEP team needs to convene for further action.

School Violence Prevention  School-wide Protective Factors  Emphasis on positive behavior supports  Sense of connectedness to the school  Make sure that someone is available to the students  Prevent bullying, harassment, and discrimination

Safe School Plan  Needed at all school districts  Training in this to all folks working in the schools  Identify core players in crisis response  Addresses:  Violence Prevention  Intervention  Response  Written policies and procedures  List of resources (school and community)  Consistent with laws  Includes an incident reporting and tracking system

Limited English Proficiency  Bilingual Education Act was taken over by the No Child Left Behind Act  Funded  Goal: to help children learn English  Requires schools to provide data on LEP student improvement  Schools must use up-to-date knowledge in working with children.  Thomas and Collier study  RTI for ELL/ LEP

Communicable Diseases  Laws about reporting surround “significant risk of transmission”  Differ from state to state  May be punishable both civilly and criminally  HIPPA/ FERPA rights  Confidentiality Issues  STD Transmission  Training for students?  What can and cannot be shared?