Ethics and Law for School Psychologists

Ethics and Law for School Psychologists is the single best source of authoritative information on the ethical and legal issues school psychologists face every day. Designed specifically to meet the unique needs of psychologists in school settings, this book includes the most up-to-date standards and requirements while providing an introduction to ethical codes, ethical decision making, and the legal underpinnings that protect the rights of students and their parents. This new seventh edition has been extensively updated with the latest research and changes to the law, with an increased focus on ethical-legal considerations associated with the use of digital technologies. Coverage includes new case law on privacy rights, electronic record keeping, the 2014 Standards for Educational and Psychological Testing, digital assessment platforms, the latest interpretations of the Individuals with Disabilities Education Act, and more.

Ethics texts for counseling and psychology are plentiful, and often excellent—but this book is the only reference that speaks directly to the concerns and issues specific to psychologists in school settings. Case vignettes, end-of-chapter questions, and discussion topics facilitate deeper insight and learning, while updated instructor's resources bring this key reference right into the classroom.

Keeping up with the latest research and legal issues is a familiar part of a psychologist's duties, but a practice centered on children in an educational setting makes it both critical and more complex. Ethics and Law for School Psychologists provides a central resource for staying up to date and delivering ethically and legally sound services within a school setting.

SUSAN JACOB, PHD, is a Professor of Psychology at Central Michigan University. She has served on national and state ethics committees and was on the team responsible for drafting the 2010 version of NASP's Principles for Professional Ethics.

DAWN M. DECKER, PHD, NCSP, is an Associate Professor in the Department of Counseling and Special Education at Central Michigan University. Her scholarship addresses the impact of legal initiatives on educational assessment and instructional practices.

ELIZABETH TIMMERMAN LUGG, PHD, JD, is a licensed attorney and an Associate Professor in the Department of Educational Administration and Foundations at Illinois State University. In addition to teaching and conducting research in the area of education law, Dr. Lugg represents individuals and organizations in controversies dealing with education.

Preface xi

What’s in the Book xi

What’s Not in the Book xii

Seventh Edition Revisions xii

Disclaimers xiii

Cast of Characters xiv

Acknowledgments xv

Chapter 1 Ethics in School Psychology: An Introduction 1

Quality Control in School Psychology 1

What and Why of Professional Ethics 2

Ethics Training and Competencies 4

Codes of Ethics 8

Four Broad Ethical Principles 12

Ethical and Legal Decision Making 22

Unethical Conduct 26

Concluding Comments 29

Study and Discussion 29

Chapter 2 Law and School Psychology: An Introduction 33

The U.S. Constitution 33

Statutes and Regulations 40

Case Law 45

Summary 46

Legal Training for School Psychologists 46

Credentialing of School Psychologists 48

Lawsuits against Schools and School Psychologists 49

Concluding Comments 54

Study and Discussion 54

Chapter 3 Privacy, Informed Consent, Confidentiality, and Record Keeping 57

Privacy 57

Informed Consent to Establish a School Psychologist–Client Relationship 61

Confidentiality 66

Nondisclosure Laws and Privileged Communication 72

Record Keeping in the Schools 77

Concluding Comments 96

Study and Discussion 96

Chapter 4 Ethical-Legal Issues in the Education of Students with Disabilities under IDEIA 99

Education of Children with Disabilities: A Historical Perspective 99

Individuals with Disabilities Education Improvement Act 102

Infants and Toddlers with Disabilities 145

Concluding Comments 149

Study and Discussion 150

Chapter 5 Section 504 and the Americans with Disabilities Act 151

Section 504 151

Americans with Disabilities Act 164

Concluding Comments 166

Study and Discussion 166

Chapter 6 Ethical and Legal Issues in Psychoeducational Assessment 169

Testing versus Assessment 169

Preassessment Responsibilities 170

Assessment Planning 175

Information Gathering 183

Assessment Interpretation 184

Nondiscriminatory Assessment 187

Personality Assessment 191

Professional Competence and Autonomy 192

Computer-Assisted Psychoeducational Assessment 193

Concluding Comments 196

Study and Discussion 196

Chapter 7 Ethical and Legal Issues in School-Based Interventions 199

Multitiered Systems of Academic and Behavioral Support 199

Therapeutic Interventions within the Context of a School Psychologist–Client Relationship 208

Duty to Protect 211

Competence and Responsibility 223

Psychopharmacologic Interventions 224

Concluding Comments 226

Study and Discussion 227

Chapter 8 Indirect Services I: Ethical-Legal Issues in Working with Teachers and Parents 231

Consultation with Teachers 231

Special Issues in Working with Parents 236

Concluding Comments 244

Study and Discussion 245

Chapter 9 Indirect Services II: Special Topics in Systems-Level Consultation 247

Large-Scale Assessment Programs 248

Instructional Programs, Policies, and Practices 253

School Discipline 257

Discrimination, Harassment, and Bullying 266

Concluding Comments 272

Study and Discussion 272

Chapter 10 Research in the Schools: Ethical and Legal Issues 277

Competence, Responsibility, and Welfare of Participants 278

Informed Consent and Privacy 279

Exposure to Stress or Harm and Denial of Beneficial Treatment 285

Post-Data-Collection Responsibilities 286

Concealment and Deception 287

Research with Culturally and Linguistically Diverse Populations 291

Scientific Misconduct 292

Concluding Comments 292

Study and Discussion 293

Chapter 11 Ethical and Legal Issues in Supervision 295

Professional Standards for Supervision 296

Professional Disclosure Statement and Individualized Learning Plan 296

Ethical Principles and Supervision 298

Liability Issues 306

Concluding Comments 306

Study and Discussion 307

Epilogue: Ethics, Law, and Advocacy 309

Advocacy and a Complex Legal Landscape 310

Proactive Survival Strategies for Advocates 314

Developing an Ethical Practice 315

Concluding Comments 316

Appendix A National Association of School Psychologists Principles for Professional Ethics 2010 319

Introduction 319

Definition of Terms as Used in the Principles for Professional Ethics 322

Appendix B American Psychological Association Ethical Principles of Psychologists and Code of Conduct 341

Appendix C Table of Cases 365

Appendix D Table of Federal Legislation 371

Appendix E Frequently Used Acronyms 373

References 375

Author Index 405

Subject Index 000

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