Laws and such Flashcards

1
Q

Summarize Section 504 of the Rehabilitation Act

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is IDEA?

A

Current law that gives right to a free and appropriate public education in the least restrictive environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is FERPA?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is Section 504?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

No Child Left Behind

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Four sources of Quality Control in school psych services

A
  • Ethics codes,

- Professional standards, -Educational Law, and -Credentialing/ training program accreditation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are NASP’s 4 ethical principles

A
  1. Respect the Dignity and Rights of all Persons
  2. Honesty and Integrity in Relationships
  3. Responsibility to schools, families communities, the profession and society
  4. Professional Competence and Responsibility
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Rule about Test use and misuse

A

You must maintain record and test confidentiality and security. You must understand the technical and psychometric principles of all measurements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

rule about Confidentiality

A

You must make sure people know the limits of confidentiality (harm, safety) need written consent before sharing or destroying information.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the Supervision Standards

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the school psychologists highest responsibility?

A

The duty to protect children. Overrides confidentiality. Duty to warn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the major focus of a school psychologist?

A

Child benefit. Kids come first, help consultees and provide resources and information, but focus intervention to children.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does it mean to provide balanced information?

A

Provide balanced opinions about the benefits and liabilities of treatments. (Don’t push Ritalin on the parents with a kid who has ADHD)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Describe the grievance process

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the Grievance actions?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What should we know about Aversive procedures?

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What should we know about Corporal Punishment?

A

Spanking in schools. NASP strongly opposes this practice, if you work in a school with CP you should educate others of the harms

18
Q

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

A

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

19
Q

describe change of Placement because of Disciplinary Removals

A

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.

20
Q

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.

A

Manifestation Determination

21
Q

kids with disabilities can be put into Intermim placements (45 days) regardless of Manifestation Determination IF the student __________.

A

brought drugs, a weapon or inflicted bodily harm.

22
Q

What is Least restrictive environment?

A

Concept not a place. education of students with disabilities should be as close to the kids without as much as possible.

23
Q

first special education law, aka PL 94-142 became IDEA

A

Education for All Handicapped Children Act (1975)

24
Q

13 eligibility categories. Mandates FAPE in LRE. Kids qualify through discrepancy model or RTI model (NASP best practice)

A

Individuals with Disabilities Education Act (2004)

25
Q

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.

A

No Child Left Behind (2001)

26
Q

Elaborates rights and parental safeguards set forth in IDEA, EI kids covered, Students must be assessed by a MDT including parents, RTI is allowed

A

Individuals with Disabilities Education Improvement Act (2004)

27
Q

Schools must keep good records, parents can access records, records must be kept confidential. AKA Buckley Amendment

A

Family Educational Rights and Privacy Act (1974)

28
Q

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

A

The Rehabilitation Act Section 504 (1973)

29
Q

Created Child Find; states must locate and id children with disabilities and provide them FAPE regardless of the severity of his/her disability

A

Zero Reject Principle

30
Q

When must SPED complaints be filed?

A

Within 2 years of dispute

31
Q

When must resolution meetings occur?

A

Within 15 days of receiving a complaint

32
Q

Parents have the right to call in a 3rd party for special education disputes. This is called ____.

A

Due Process

33
Q

Parental consent must be obtained ___

A

BEFORE assessment and BEFORE counseling (1st session, or emergency okay)

34
Q

When must IEP meetings occur in relation to the initial evaluation?

A

Within 60 days after parents consent, reevals occur every 3 years

35
Q

Who is on a Special Education team?

A

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.

36
Q

Can a SPED team member be excused?

A

Yes, with written permission from the parent, however some who can interpret evals MUST be present.

37
Q

Which amendments pertain to educational law

A

10th (government has duty to education people) 14th (life, liberty, and the pursuit of happiness, and 1st (for religious affiliations)

38
Q

Unless schools and parents agree the kid stays put until the due process is over

A

Stay Put Rule

39
Q

Written IEP should contain..

A
  1. Present level of ed. performance
  2. Measurable annual goals statement
  3. Services to be provided statement
  4. Explanation for actives child will not participate in with non disabled kids
  5. Assessment modifications
  6. Projected start sate
  7. How progress towards annual foals will be measured and how parents will be notified
  8. Starting at age 14 a statement of transition services needed
40
Q

Typical for 504 kids, not quite as indepth as IEP

A

Accommodation Plan