Transcript Merrell, K.W., Ervin, R. A., & Peacock, G. G. (2006

MERRELL, K.W., ERVIN, R. A., & PEACOCK, G. G.
(2006). SCHOOL PSYCHOLOGY FOR THE 21ST
CENTURY: FOUNDATIONS AND PRACTICES. NEW
YORK, NY: THE GUILFORD PRESS.
Chapter 6: Legal and Ethcial School Psychology
Some more about IDEA
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IDEA
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Children ages 3 to 21
Child Find: ensure children with disabilities are identified,
located, and evaluated
Provides procedural safeguards
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Parents have right to be present at all meetings
Right to an independent evaluation
Right to consent to assessment and/or services
Right to mediation, due process hearing, civil law suit
Discipline:
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Suspended no more than 10 days in one school year
Alternative education setting: no more than 45 school days
Manifestation determination hearing determines if behavior due to
disability, if so, then all regular discipline procedures are available
Litmus Test for LRE (Case Law)
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Is general classroom experience comparable in benefits
to special education experience.
Must consider nonacademic benefits of interactions with
others in general education.
Must consider the effect of child on others in the
general education classroom.
Cost of mainstreaming to the general education
classroom.
Has school made reasonable efforts to accommodate
needs in general education classroom.
No Child Left Behind
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Testing Mandatory
 Grades
3-8: Reading and Math
 Elementary, Middle, and High: Science (at least once
each level)
 95% of all students must participate.
 1% of all students can use an alternative assessment
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Highly Qualified Teachers (100% certified)
Districts with high risk student populations are at
higher risk of not making AYP and thus higher
penalties.
Ethics Codes and Result Reporting
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Computer-generated reports to clients
 Don’t
use basic computer-generated results for tests as
a standalone report.
 Don’t allow a computer to make diagnostic decisions for
you (multiple data sources).
 Don’t provide overly technical language (as is often
provided in computer-generate reports) to clients.
 Recommendations should accompany the results.
 Be wary of “fill-in-the-blank” reporting.
Child Abuse and Neglect
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Child Abuse and Prevention Treatment Act as
Amended by the Keeping Children and Families
Safe Act of 2003.
Definition of child abuse and neglect:
 “At
a minimum any recent act or failure to act on the
part of a parent or caregiver, which results in death,
serious physical or emotional harm, sexual abuse or
exploitation, or an act or failure to act which presents
an imminent risk of serious harm”
 Does not generally require certainty. Usually
“reasonable cause” is sufficient.