1
Q
T or F: Ethical conduct is synonymous with simply conformity to the rules outlined in codes of ethics.
A
False
2
Q
T or F: Parents and other recipients of school psychological services have little or no access to the codes of ethics of psychologists, so they are unlikely to know about the parameters of appropriate professional conduct.
A
False
3
Q
T or F: An important job responsibility of school psychologists is to gather information about individual teacher competence to share with the building principal.
A
False
4
Q
T or F: According to your textbook, multiple relationships are always unethical.
A
False
5
Q
T or F: NASP’s Principles for Professional Ethics mandates self-care as an enforceable standard.
A
False
Aspirational principle
6
Q
T or F: NASP’s Ethical and Professional Practices Board does not investigate or adjudicate violations of its A Model of Comprehensive and Integrated Services by School Psychologists.
A
True
EPPB only investigates violations of the NASP Principles for Professional Ethics
7
Q
T or F: Both APA and NASP require its members to monitor the ethical conduct of their professional colleagues and to report any transgressions immediately to a professional organization.
A
False
8
Q
T or F: Intersectionality refers to concept that there is an interplay of genetic and environment influences over time that shape a child’s development.
A
False
Epigenetics
9
Q
T or F: School psychologists are ethically obligated to engage in continuing professional development.
A
True
10
Q
In the field of school psychology, codes of ethics, education law, and program accreditation are all types of _____?
a. governmental regulation
b. professional regulation
c. self-regulation
d. quality control
A
C. self-regulation
11
Q
Which of the following terms is used to describe the process by which an occupation obtains the exclusive right to perform a particular kind of work?
a. unionization
b. professionalization
c. regulation
d. monopolization
A
B. professionalization
12
Q
Codes of ethics are developed to:
a. protect the public.
b. enhance the prestige of a profession
c. reduce the perceived need for external regulation of a profession.
d. All of the above.
A
D. All of the above
13
Q
Professional groups, including school psychologists, develop codes of ethics:
a. to ensure that members of a profession deal justly with the public.
b. to educate professionals about acceptable practices.
c. to provide a basis for malpractice suits against psychologists who engage in questionable practices.
d. a. and b.
A
D. to ensure that members of a profession deal justly with the public and to educate professionals about acceptable practices
14
Q
Why are codes of ethics imperfect?
a. They are sometimes vague and ambiguous.
b. They tend to be reactive.
c. Competing ethical principles may apply in a particular situation.
d. All of the above.
A
D. All of the above
15
Q
Which of the following best describes ethics training prior to the 1970s?
a. Ethics training by “osmosis”
b. A planned, multistage approach
c. Rigorous formal coursework but ineffective instructional methods
d. None of the above
A
A. Ethics training by “osmosis”
16
Q
A novice practitioner:
a. is likely to be slow and rule-bound in decision making.
b. can quickly identify key elements and their relationships in a problem-solving situation.
c. can achieve expertise quickly with good supervision (in less than one year or so).
d. All of the above.
A
A. Is likely to be slow and rule-bound in decision making
17
Q
APA’s Ethical Principles of Psychologists and Code of Conduct differs from NASP’s “Principles for Professional Ethics” because:
a. APA’s code was developed for diverse specialty areas.
b. NASP’s code has no broad aspirational themes or principles.
c. APA’s code was developed expressly for clinical psychologists in private practice.
d. a. and b.
A
A. APA’s code was developed for diverse specialty areas.
18
Q
According to NASP’s “Principles for Professional Ethics,” who is considered to be a school psychologist’s “top priority” in the delivery of school psychologist services?
a. the student
b. the parent
c. the school
d. society
A
A. The student
19
Q
The textbook authors identify the client as:
a. the parent.
b. any party who is a recipient of the school psychologist’s services.
c. the individual(s) who have entered a school psychologist–client relationship for the purpose of receiving services.
d. b. and c.
A
D. Any party who is a recipient of the school psychologist’s services and the individual(s) who have entered a school psychologist–client relationship for the purpose of receiving services
20
Q
NASP’s (2020) Principles for Professional Ethics:
a. is based, in part, on ethical principles identified by the philosopher W. D. Ross (1930)
b. is based, in part, on the broad principles outlined in the Canadian Psychological Association’s code of ethics.
c. emphasizes virtue-based character traits rather than ethical rules and principles.
d. a. and b.
A
D. is based, in part, on ethical principles identified by the philosopher W. D. Ross (1930) and in part, on the broad principles outlined in the Canadian Psychological Association’s code of ethics
21
Q
The “special considerations” of school-based practice include:
a. the obligation to balance the authority of the parents to make decisions about their child with the needs of the child and the mission of schools.
b. the fact that school psychologists employed by the public schools are state actors.
c. the obligation to gather information about teacher competence for school principals.
d. a. and b.
A
D. the obligation to balance the authority of the parents to make decisions about their child with the needs of the child and the mission of schools and the fact that school psychologists employed by the public schools are state actors
22
Q
The principle of respect for the dignity and rights of all persons encompasses respect for:
a. self-determination.
b. individual differences.
c. privacy.
d. All of the above.
A
D. All of the above
23
Q
Canadian psychologists write about the importance of respecting the client’s right to “a voice and a choice.” This refers to the school psychologist’s obligation to:
a. be respectful of individual differences in cultural, racial, linguistic background, sexual orientation, and gender expression.
b. safeguard confidentiality of client disclosures.
c. respect client autonomy.
d. practice within the boundaries of their competence.
A
c. respect client autonomy
24
Q
A fiduciary relationship is one based on
a. expert power.
b. trust.
c. a contract.
d. an exchange of money.
A
b. trust
25
Based on what you know about the meaning of the term fidelity, you can surmise that store owners purchase fidelity insurance to protect against losses due to:
a. fraud.
b. acts of terrorism or war.
c. natural disasters.
d. lawsuits.
D. Lawsuits
26
NASP’s fourth broad theme or principle of “Responsibility to Schools, Families, Communities, the Profession, and Society:”
a. requires school psychologists to advocate for student rights by engaging in insubordination when appropriate.
b. is based on an ecological perspective, encouraging school-based practitioners to promote school and community environments that are healthy for children.
c. encourages school psychologists to advance professional excellence by mentoring less experienced practitioners.
d. b. and c.
D. is based on an ecological perspective, encouraging school-based practitioners to promote school and community environments that are healthy for children; and encourages school psychologists to advance professional excellence by mentoring less experienced practitioners
27
Ethical choices in the context of professional relationships are best made:
a. on the intuitive level.
b. based on feelings (the “feels right” principle) and personal beliefs.
c. on a critical–evaluative level.
d. a. and b.
c. on a critical-evaluative level
28
According to Haas and Malouf (2005), an act or decision is likely to be viewed as ethical if:
a. the decision is based on generally accepted ethical principles.
b. the action is a reasoned outcome of consideration of principles.
c. the decision is universalizable.
d. All of the above.
D. all of the above
29
According to Ballantine (1979) and NASP, when codes of ethics and law conflict, the practitioner should:
a. defy the law because codes of ethics establish a higher standard.
b. conform to the law unless doing so violates basic human rights.
c. attempt to resolve the conflict through legal channels.
d. b. and c.
D. conform to the law unless doing so violates basic human rights and attempt to resolve the conflict through legal channels
30
The “ethically competent” practitioner:
a. always intuitively knows the right thing to do.
b. is committed to a reactive rather than proactive stance in ethical thinking and conduct.
c. recognizes that, for most situations, there is only one correct and appropriate course of action.
d. has mastered and makes use of a problem-solving model.
D. has mastered and makes use of a problem-solving model.
31
The DECIDE model:
a. emphasizes an ecological perspective.
b. has been reported to improve the quality of ethical choices in multiple research studies.
c. eliminates ambiguity in ethical decisions.
d. All of the above.
D. All of the above
32
The textbook authors encourage practitioners to consider broad aspirational ethical principles when making ethical decisions. This is consistent with the contemporary emphasis on:
a. positive ethics.
b. moral excellence rather than meeting minimal standards of conduct.
c. avoiding professional liability and sanctions.
d. a. and b.
D. Positive ethics and a moral excellence rather than meeting minimal standards of conduct
33
According to your textbook, social justice is
a. a contemporary articulation of the long-recognized principle of justice.
b. a process and a goal.
c. a concept that aligns with NASP's broad ethics code themes of respect for the individual and responsibility to society.
d. All of the above.
D. All of the above
34
Which of the following is a violation of ethical principles?
a. The school psychologist thinks through a situation carefully but an unforeseeable event occurs that jeopardizes client welfare.
b. There is a conflict between ethics and law and the school psychologist complies with law. Their actions do not violate basic human rights.
c. The school psychologist engages in unethical actions because they are unaware of the parameters of appropriate conduct.
d. The school psychologist is not competent to provide the services requested and consequently refers the client to a different psychologist.
c. The school psychologist engages in unethical actions because they are unaware of the parameters of appropriate conduct.
35
Which of the following is NOT one of the four broad ethical themes discussed by the authors?
a. Integrity in professional relationships
b. Responsibility to safeguard the interests and rights of psychologists
c. Responsibility to society and community
d. Responsible caring
b. Responsibility to safeguard the interests and rights of psychologists
36
Codes of ethics are revised periodically to address new and emerging ethical issues. Provide an example of how advances in technology or changes in professional beliefs have prompted psychologists to “re-think” their codes of ethics.
- The rise of Telehealth and online therapy platforms have prompted psychologists to re-think ethical standards regarding confidentiality, informed consent, and secure communication
- Ex. psychologists now need to ensure that clients’ private information is protected when sessions are conducted over video calls, something that wasn’t a concern when the original ethical codes were written.
37
Discuss the boundaries between personal and professional behaviors, and some ways in which the “private” behaviors of a school psychologist might negatively impact his or her professional credibility.
- To protect their credibility, trust, and effectiveness.
- They are seen as role models, so the community expects high moral behavior.
- Public or online inappropriate behavior can damage trust and professionalism.
- Ethical risk: Loss of respect and trust.
- Legal risk: Schools can discipline or fire employees, and training programs can dismiss students if posts or actions harm the school environment or show poor judgment
38
Ethical Transgression
violations that go against professional expectations for ethical conduct and violate enforceable ethics codes
39
Ethical Dilemma
occur when there are good but opposing reasons to take different courses of action, which can leave psychologists feeling morally distressed
40
Illegal Conduct
arise when federal or state laws are ignored, violating the rights of students and families, like in parent-school disputes that may lead to legal action against the school or psychologist
41
Identify three reasons why practitioners might engage in unethical conduct.
1. The school psychologist is unaware of the parameters of appropriate conduct or not competent to provide the services being offered
2. The psychologist is poorly trained, is inexperienced, or fails to maintain up-to-date knowledge
3. Lack sensitivity to the needs and rights of others
42
T or F: When school officials make decisions in their official role, their actions are actions by the state.
True
43
T or F: The Constitution specifically refers to education as a duty of the federal government.
False
Does not
44
T or F: The due process procedures for school suspension must include, at a minimum, notice and the opportunity to be heard.
True
45
T or F: There is no “right to privacy” expressly mentioned in the U.S. Constitution
True
46
T or F: Civil cases involve crimes prosecuted by the government such as murder and theft.
False
Criminal cases
47
T or F: In almost all states, school psychologists can obtain a license for private practice if they have a specialist degree.
False
48
T or F: The Nationally Certified School Psychologist (NCSP) title authorizes a school psychologist to render services in all states.
False
49
T or F: In most states, the state’s Department of Education certifies school psychologists for practice in the school setting.
True
50
T or F: Negligence is the most common tort committed by school personnel.
True
51
T or F: The Every Student Succeeds Act of 2015 allows states to use block funds for school counseling and mental health programs.
True
52
T or F: Federal statutory law does not explicitly prohibit discrimination in the public schools based on religion or sexual orientation, gender identity, or gender expression
True
53
T or F: In 2010, the Office for Civil Rights specifically extended its protections to include discrimination and harassment based on a student’s religion.
True
54
T or F: Case law has definitively extended the legal right to “informational privacy” to minors in all 50 states.
False
55
An understanding of law is important:
a. as a means to protect rights.
b. to resolve disagreements over rights and responsibilities.
c. to enhance opportunities for implementing the best professional practices.
d. All of the above.
d. All of the above.
56
Public school education is considered to be:
a. a fundamental right under the U.S. Constitution.
b. an entitlement granted by state law.
c. a property right protected by the Fourteenth Amendment.
d. b. and c.
D. An entitlement granted by state law and a property right protected by the 14th Amendment
57
Education is a state matter rather than a duty of the federal government under which of the following?
a. The First Amendment
b. The Fourth Amendment
c. The Tenth Amendment
d. The Fifth Amendment
c. The Tenth Amendment
58
Which amendment was created to prevent state governments from trespassing on the rights of individual citizens?
a. Tenth
b. First
c. Fourth
d. Fourteenth
d. Fourteenth
59
Court decisions stating, “schools may not suspend or expel children from school without some sort of fair, impartial due process procedures” are based on which of the following?
a. The First Amendment
b. The Fourth Amendment
c. The Tenth Amendment
d. The Fourteenth Amendment
d. The Fourteenth Amendment; due process clause
60
The due process clause of the Fourteenth Amendment protects citizens from arbitrary or unwarranted stigmatization by the state that may interfere with the individual’s ability to acquire property. This means that:
a. classification of a child as having an “emotional disturbance” or “intellectual disability” can only be made by a psychiatrist.
b. public schools may classify a child as having an “emotionally disturbance” or “intellectual disability,” but only if due process procedures such as parent notice of the proposed classification and the right to object to the classification are provided.
c. public schools may classify a child as having an “emotionally disturbance” or “intellectually disability,” but only if the classification is not arbitrary and it is related to a legitimate government purpose (i.e., to educate schoolchildren and maintain discipline).
d. b. and c.
public schools may classify a child as having an “emotionally disturbance” or “intellectual disability,” but only if due process procedures such as parent notice of the proposed classification and the right to object to the classification are provided and public schools may classify a child as having an “emotionally disturbance” or “intellectually disability,” but only if the classification is not arbitrary and it is related to a legitimate government purpose (i.e., to educate schoolchildren and maintain discipline)
61
Which amendment allows students to have a legitimate expectation of privacy with regard to their person and possessions?
a. First Amendment
b. Fourth Amendment
c. Tenth Amendment
d. Fourteenth Amendment
B. Fourth Amendment
62
Under _____, the state may provide some educational services for parochial schools as long as they directly aid the student.
a. the child benefit theory
b. procedural due process
c. substantive due process
d. the Tenth Amendment
A. the child benefit theory
63
The 2002 Supreme Court decision, Zelman v. Simmons-Harris, suggests that:
a. parents are entitled to vouchers for their children to attend parochial schools.
b. it is constitutionally permissible for public schools to give funds directly to parochial schools.
c. it is permissible for states to provide vouchers to parents for parochial or other private school attendance as long as parents have “true choice.”
d. a. and b.
c. it is permissible for states to provide vouchers to parents for parochial or other private school attendance as long as parents have “true choice.”
64
In Mahanoy Area School District v. B.L. (2021), the student cheerleader case, the Supreme Court:
a. held that public schools do not have the authority to discipline off-campus student speech.
b. opined that, as in Tinker, the free speech rights of a student must be balanced against the interests of a public school in maintaining order.
c. opined that the American public schools should be the nurseries of democracy.
d. b. and c.
D. opined that, as in Tinker, the free speech rights of a student must be balanced against the interests of a public school in maintaining order; and that the American public schools should be the nurseries of democracy
65
With the passage of _____, Congress proposed that although “education is primarily a state function, the Federal Government has a secondary obligation to see that there is a basic floor under those essential services….”
a. The Rehabilitation Act of 1973
b. The Elementary and Secondary Education Act
c. IDEA
d. FERPA
b. The Elementary and Secondary Education Act
66
The Elementary and Secondary Education Act has provided financial assistance for schools with high concentrations of:
a. children with learning disabilities.
b. children with physical disabilities.
c. children who have high-cost school nursing needs.
d. children from disadvantaged homes.
D. children from disadvantaged homes.
67
The Every Student Succeeds Act:
a. is the most recent reauthorization of the IDEA.
b. targets federal funds for disadvantaged and high-needs students.
c. imposes new restrictions on state choices regarding selection of school performance accountability measures when compared with NCLB.
d. b. and c.
B. targets federal funds for disadvantaged and high-needs students.
68
Federal statutory law currently explicitly protects public school students from discrimination or harassment based on:
a. race
b. disability
c. sexual orientation
d. a. & b.
D. race and disability
69
Which act guarantees equal opportunity to individuals with disabilities in employment, public accommodation, and transportation?
a. The Rehabilitation Act of 1973
b. American with Disabilities Act of 1990
c. Civil Rights Act of 1871
d. Family Educational Rights and Privacy Act of 1974
b. American with Disabilities Act of 1990
70
Which of the following stipulates that no federal funds will be made available to schools unless they adhere to specific student record-keeping policies and practices outlined in the law?
a. No Child Left Behind Act
b. Protection of Pupil Privacy Rights Amendment (PPRA)
c. Family Educational Rights and Privacy Act of 1974 (FERPA)
d. First Amendment
C. Family Educational Rights and Privacy Act of 1974 (FERPA)
71
Which legislation stipulates that we have the right to sue for damages in a federal court if our Constitutional or other federal rights have been violated by a government or public school official?
a. Americans with Disabilities Act
b. The Rehabilitation Act of 1973 (Section 504)
c. The Civil Rights Act of 1871 (Section 1983)
d. The Protection of Pupil Rights Amendment
C. The Civil Rights Act of 1871 (Section 1983)
72
When federal legislation is enacted, an executive agency is charged with the responsibility of developing rules and regulations implementing the law. These rules and regulations:
a. have essentially the same impact as actual legislation.
b. rarely provide significant guidance.
c. are only of importance when parties disagree about the meaning of a law.
d. b. and c.
a. have essentially the same impact as actual legislation.
73
What source of law is considered “discovered law” rather than enacted law?
a. Case Law
b. Federal Education Legislation
c. Rules and Regulations
d. U.S. Constitution
A. Case Law
74
The court generally considers four questions in tort cases. Which question among the following is NOT one of the questions that the court considers?
a. Is the defendant guilty of a crime?
b. Did injury occur?
c. Was there a breach of duty?
d. Is there a proximate relationship between the injury and the breach of duty?
a. Is the defendant guilty of a crime?
75
Which of the following terms does Woody (1988) use to describes the appropriate standard of care?
a. Prudent
b. Ordinary
c. Reasonable
d. All of the above.
d. All of the above.
76
Most instructional malpractice suits filed by parents against school districts have failed because:
a. courts prefer to not intervene in the administration of the public schools unless the case involves a violation of constitutional rights or federal law.
b. instructional malpractice suits would be overly burdensome to the public education system in terms of time and money.
c. it would be difficult to prove a causal link between a school’s instructional practices and student failure.
d. All of the above.
c. it would be difficult to prove a causal link between a school’s instructional practices and student failure.
77
A key goal of legal training for school-based practitioners is:
a. to sensitize practitioners to the legal aspects of practice in their job setting.
b. to encourage practitioners to “check their facts” and then ask questions or seek assistance from supervisors when legal questions arise.
c. to encourage practitioners to refuse to comply with supervisors’ demands that appear contrary to the meaning of the law.
d. a. and b.
D. raise awareness of the legal aspects of their work and teach practitioners to verify facts and seek guidance when legal questions arise
78
For school psychologists to be able to fulfill their ethical obligations, experts in ethics and law suggest that:
a. school-based practitioners must know law pertinent to interpretation of codes of ethics.
b. school-based practitioners must be knowledgeable of law pertinent to their domain of practice.
c. school-based practitioners must know law well enough to make important independent legal decisions without assistance from others.
d. a. and b.
D. school-based practitioners must know law pertinent to interpretation of codes of ethics and school-based practitioners must be knowledgeable of law pertinent to their domain of practice
79
Risk management decision making:
a. has the goal of minimizing the exposure of the school to legal liability.
b. could place protection of the school from legal action above action to protect the welfare of the client.
c. is described as choosing the best professional liability insurance available.
d. a. and b.
a. has the goal of minimizing the exposure of the school to legal liability.
80
Under the _____, state governments have assumed the duty to educate, the power to tax citizens to finance education, and the power to compel school attendance.
The 10th Amendment
81
_____ was one of the first major federal programs to aid education.
The Elementary and Secondary Education Act of 1965
82
Under court interpretations of the _____, a state may not make a free public education available to some children but not to others within a state.
Equal Protection Clause of the 14th Amendment
83
_____ allocates funds to states that offer a free and appropriate education to children with disabilities as defined by the law.
IDEA
84
_____ denies federal funds to schools unless they comply with the record-keeping procedures outlined in the law.
FERPA
85
_____ prohibits schools from discriminating against any otherwise qualified individual solely on the basis of handicapping condition.
Section 504 of the Rehabilitation Act of 1973
86
_____ allows any person whose constitutional or federal statutory rights have been violated by a school official to sue for damages in federal court.
Civil Rights Act of 1871
87
Under court interpretations of the _____, school may not suspend or expel children for more than 10 days without some sort of procedural safeguards to ensure there is no arbitrary infringement of student rights.
14th Amendment
88
_____ is the most recent set of amendments to the Elementary and Secondary Education Act of 1965.
Every Student Succeeds Act
89
Describe how the U.S. Congress is able to shape public school policies and practices even though public education is the responsibility of the states.
- The US Congress has the power to shape educational policy and practices by offering federal funds to states that are subject to comply with federal mandates, or categorical aid.
- Congress has passed two types of legislation that have had a major impact on the public schools- anti-discrimination legislation and federal education legislation.
90
What are the four questions a court considers in a tort case?
1. Did injury occur?
2. Did the school owe a duty in law to the student?
3. Was there a breach of duty? Did the school fail to do what it should have done?
4. Is there a proximate cause relationship between the injury and the breach of duty?
91
How does a court determine the appropriate standard of care in a professional malpractice suit against a psychologist?
The courts look to the profession itself to identify the customary standard of care used by others in the same field, expert testimony, codes of ethics, and the client’s condition
92
T or F: In the school setting, students have the full range of privacy rights afforded adult citizens.
False
93
T or F: School personnel, like police officers, must have “probable cause” for conducting searches of students in school.
False
Reasonable suspicion
94
T or F: In emergency situations, parent consent to provide psychological services may be by-passed.
True
95
T or F: It is ethically permissible to provide school psychological assistance to a student who is a minor without parent notice or consent for one or several meetings to assure the child is not in danger.
True for one meeting; false for several
96
T or F: It is ethically permissible to provide school psychological services to mature minors without parent consent where permitted by state law and district policy.
True
97
T or F: A parent must be able to demonstrate adult-level decisional capacity to the school psychologist to be considered competent to consent to services for their child.
True
98
T or F: It is always unethical to by-pass a child’s assent to school psychological
False
If the service is considered to be of direct benefit to the child, emergency situations, legal or mandated services, and if the child is unable to provide meaningful assent
99
T or F: Once the parent signs the consent form for a school psychological evaluation of their child, the school has a right to complete the evaluation even if the parent changes their mind and wants to discontinue the evaluation process
False
100
T or F: School psychologists are ethically obligated to define the parameters of confidentiality to parents, but not students, when offering services.
False
101
T or F: At the federal level and in most states, mental health provider–client privilege laws apply only to doctoral-level school psychologists.
False
102
T or F: Nondisclosure laws are typically found in state codes that regulate health and mental health services
True
103
T or F: If a school psychologist violates the nondisclosure law in his or her state, the practitioner may face sanctions by the state’s licensure or certification board.
True
104
T or F: According to The Family Educational Rights and Privacy Act of 1974, anyone employed by the school district has access to all student records
False
105
T or F: Because the student education records of a school-based school psychologist may include sensitive mental health information, such records are typically protected by HIPAA, not FERPA.
False
106
T or F: If the parent believes that their child’s education records contain errors or misleading information, the parent has a legal right to request that the school amend or delete the information and the right to an impartial hearing if the school refuses to amend or delete the inaccurate information.
True
107
T or F: It is ethically permissible to provide a child’s test protocol to another professional who is qualified to interpret it as long as consent to release the record has been obtained from the parents.
True
108
T or F: Generally, in the school setting, a student who is a minor has no legal right to confidentiality independent of his or her parents.
True
109
T or F: If a student offers to disclose personal secrets on the condition that the school psychologist promises not to tell anyone, the practitioner should agree to this request.
False
110
T or F: Under FERPA, parents continue to have access to the educational records of their high school student age 18 years or older as long as the student is listed as a dependent by the parent for federal income tax purposes.
True
111
T or F: A school-based practitioner who receives a subpoena for PII should provide the requested information immediately.
False
112
T or F: The increased availability and use of video conferencing programs may make it less likely that school psychology practitioners will be required to make copies of test protocols for parents in order to satisfy FERPA obligations.
False
113
T or F: Failure to comply with a court order to produce documents about a client can result in school officials being held in contempt of court
True
114
T or F: According to case law reviewed in the textbook, e-mails that contain PII are not “student education records” until they are filed in a student’s education record.
True
115
T or F: Practitioners should expect their e-mails to be confidential and privileged if they write “confidential and privileged” at the bottom of the text of the e-mail
False
116
T or F: FERPA is silent on specific methods (e.g., encryption) to safeguard digitally store PII
True
117
T or F: When school districts outsource functions such as student record keeping to a third-party vendor and contractual requirements are met, the third-party vendor assumes the role of “school official” within the meaning of FERPA.
True
118
Which of the following court cases held that students have the right to be free from unreasonable search and seizure in the schools?
a. Merriken v. Cressman (1973)
b. New Jersey v. T.L.O. (1985)
c. Sterling v. Borough of Minersville (2000)
d. P.A.R.C. (1971, 1972)
b. New Jersey v. T.L.O. (1985)
118
Legal rulings regarding the privacy rights of public school students:
a. have recognized the need to balance the duty of the school to maintain safety and discipline with the privacy rights of individual students.
b. have held that public school students must be afforded all the privacy rights of adult citizens.
c. have emphasized the privacy rights of the family to be free from unnecessary school intrusions on privacy rather than the privacy rights of individual students.
d. a. and c.
D. have recognized the need to balance the duty of the school to maintain safety and discipline with the privacy rights of individual students and have emphasized the privacy rights of the family to be free from unnecessary school intrusions on privacy rather than the privacy rights of individual students
119
In determining whether a search of a student was constitutionally permissible, the court is likely to consider:
a. the age of the child.
b. the reason for the search.
c. how intrusive the search is of body privacy.
d. All of the above.
D. All of the above
120
According to the Protection of Pupil Rights Amendment (PPRA), students may not be required to complete a survey that reveals which types of information without parent notice and “opt-out?”
a. Religious practices
b. Political affiliations or beliefs
c. College and career goals and interests
d. a. and b.
D. Religious practices and political affiliations or beliefs
121
If a school-based practitioner discloses a student–client’s sexual orientation to others without the student’s permission, such disclosure:
a. is likely a violation of NASP’s code of ethics.
b. is permissible when it is a step toward ensuring the student receives sexual orientation conversion therapy.
c. may be viewed by a court as a violation of Constitutional rights.
d. a. and c.
D. is likely a violation of NASP’s code of ethics and may be viewed by a court as a violation of Constitutional rights
122
In your textbook and NASP’s code of ethics, the term client means:
a. The person or persons with whom the school psychologist establishes a professional relationship for the purpose of providing school psychological services.
b. classrooms.
c. schools and school systems.
d. All of the above.
A. The person or persons with whom the school psychologist establishes a professional relationship for the purpose of providing school psychological services.
123
According to your textbook and NASP’s code of ethics, school-based practitioners may provide services that do not fall within the scope of an established school psychologist–client relationship and that do not require informed parent consent. Examples include:
a. consultation to a teacher that results in typical classroom interventions implemented under the authority of the teacher.
b. consultation to a student assistance team that results in typical classroom interventions implemented under the authority of the teacher.
c. conducting classroom behavior ratings of an individual student who is suspected of being a child with a disability within the IDEA definition of “emotional disturbance.”
d. a. and b.
D. consultation to a teacher that results in typical classroom interventions implemented under the authority of the teacher and consultation to a student assistance team that results in typical classroom interventions implemented under the authority of the teacher
124
Which of the following statements regarding consent to establish a school psychological–client relationship and provide services are true?
a. An individual who has reached the age of majority (the age of adulthood within the state) is generally presumed to be competent to provide consent.
b. The individual providing consent must be informed and agree if services will be provided by a school psychology trainee or intern.
c. Consent cannot be revoked after a psychological assessment or intervention has begun.
d. a. and b.
D. Adults who have reached the age of majority are generally presumed competent to provide consent and consent must be informed, including disclosure if services are provided by a trainee or intern
125
Informed consent means:
a. the individual giving consent understands what he/she is consenting to.
b. the individual giving consent has reached the age of majority in the state (e.g., age 18) or is an emancipated minor.
c. the individual giving consent does so voluntarily.
d. All of the above.
D. All of the above
126
Which of the following statements regarding “competence” to provide consent to establish a school psychologist–client relationship are true?
a. Individuals who have reached the age of majority (the age adulthood within the state) generally are considered to be competent to consent.
b. Every adult is presumed competent to provide consent unless judged incompetent following a full hearing by an impartial fact finder.
c. A parent must be able to demonstrate adult-level decisional capacity to the school psychologist to be considered competent to consent to services for their child.
d. a. and b.
C. A parent must be able to demonstrate adult-level decisional capacity to the school psychologist to be considered competent to consent to services for their child.
127
NASP’s code of ethics defines the term parent to mean:
a. only the birth or adoptive parent of a child.
b. the birth or adoptive parent of a child or an individual acting in the place of a birth or adoptive parent such as a grandparent or stepparent.
c. a domestic partner.
d. b. and c.
B. the birth or adoptive parent of a child or an individual acting in the place of a birth or adoptive parent such as a grandparent or stepparent
128
According to research, a child’s capacity to assent and effectively participate in treatment and intervention depends on what factor(s)?
a. Cognitive maturity
b. The complexity of the situation
c. Prior experiences with decision making
d. All of the above.
D. All of the above
129
The need-to-know principle can be described as:
a. sharing only the information essential to resolution of a problem.
b. sharing information only for professional purposes.
c. sharing information only with persons concerned with the situation.
d. All of the above.
D. All of the above
130
The need-to-know principle:
a. refers to the parent’s legal right to review their child’s education records.
b. refers to the use of manipulation or deception to obtain information from a client because the psychologist feels that information is absolutely necessary for the client’s well-being.
c. refers to the parent’s right to view test manuals under the Freedom of Information Act.
d. means that information obtained in a professional relationship and subsequently shared with others is discussed only for professional purposes, and only with persons clearly concerned with the situation.
D. means that information obtained in a professional relationship and subsequently shared with others is discussed only for professional purposes, and only with persons clearly concerned with the situation
131
The term duty to protect refers to:
a. the obligation to breach confidentiality to ensure the safety of the client.
b. the obligation to breach confidentiality to ensure the safety of others.
c. the duty to protect the school from lawsuits.
d. a. and b.
D. the obligation to breach confidentiality to ensure the safety of the client and the obligation to breach confidentiality to ensure the safety of others
132
For school-based practitioners, the threshold for breaking confidentiality of the school psychologist–client relationship to protect a student or others from harm is ______.
a. reasonably foreseeable risk of harm
b imminent danger
c. clear and present danger
d. at the sole discretion of the individual school psychologist
C. Clear and present danger
133
A school psychologist is likely obligated to share confidential student–client disclosures with others:
a. when requested by the student.
b. when there is a situation involving danger to the student or others.
c. when requested by the school principal or other district authority.
d. a. and b.
D. when requested by the student and when there is a situation involving danger to the student or others
134
A student angrily enters the school psychologist’s office. His face is red and he is clenching his fists. When the school psychologist asks how she can help him, he looks her straight in the eyes and says that he is going to kill his teacher. He says this repeatedly. How should the school psychologist handle confidentiality?
a. The psychologist should say that he can feel free to speak to her because all that is said is confidential.
b. The psychologist should gather as much information about the student’s thoughts and plans first and then deal with the confidentiality issue.
c. The psychologist should send the student to the principal’s office without delay and call the police.
d. The psychologist should immediately call the police while the student is in the office.
d. The psychologist should immediately call the police while the student is in the office.
135
In Tarasoff vs. Regents of California, the California Supreme Court held that:
a. confidentiality is absolute and can be broken under no circumstances.
b. communication between a psychotherapist and client are privileged and do not have to be disclosed in a federal court.
c. psychologists have a duty to warn potential victims of violent actions and may breach confidentiality to ensure the safety of others.
d. information obtained in a professional relationship that is subsequently shared with others is based on a “need-to-know” basis.
c. psychologists have a duty to warn potential victims of violent actions and may breach confidentiality to ensure the safety of others.
136
The term privileged communication means which of the following?
a. Information obtained in a professional relationship and subsequently shared with others is discussed only for professional purposes, and only with persons clearly concerned with the situation.
b. When confidential information is shared, psychologists discuss with the student how to proceed in a manner that will minimize negative consequences and maximize potential benefits.
c. The client has a legal right to prevent disclosure of confidential information.
d. It is a privilege (special right) to be granted access to the information.
c. The client has a legal right to prevent disclosure of confidential information.
137
Evidentiary privileged communication refers to the right of the _____ to prevent disclosure of information shared in an established school psychologist–client relationship in a legal proceeding if the client believed the disclosure to the school psychologist was confidential.
a. psychologist
b. accused
c. defendant
d. client
D. the client
138
Generally, in federal court, privilege applies only:
a. to communications between a doctoral-level practitioner and client.
b. to communications in the context of the practitioner–client professional relationship.
c. when the client has a reasonable expectation that his or her communications are privileged.
d. c and b
D. To communications that occur within a professional practitioner–client relationship; and When the client reasonably expects that the communication is confidential
139
Common exceptions to privilege that appear in psychologist–client privileged communication laws include:
a. disclosures of child abuse.
b. disclosures suggesting imminent danger to the client or others.
c. malpractice suits filed by a client against the psychologist.
d. All of the above.
B. . disclosures suggesting imminent danger to the client or others
140
A _____ is a command to produce certain documents or appear at a certain time and place to give testimony. A _____ is a legal document issued by judge that compels the psychologist to appear in court or produce documents.
a. subpoena, court order
b. subpoena, affidavit
c. court order, subpoena
d. affidavit, court order
a. subpoena, court order
141
FERPA was passed to address which of the following problems?
a. Public schools released student education records to external agencies without prior parent notice or consent.
b. Parents often were not allowed to see the contents of their own child’s school records.
c. There were frequent breaches of the confidentiality of electronically-stored student education records.
d. a. and b.
D. Preventing schools from releasing records to external agencies without parental consent or notification; and Ensuring that parents have the right to inspect and review their child’s education records
142
Under FERPA, the parent has the right to request an amendment to a student’s education record in all the following situations EXCEPT when:
a. the information is misleading.
b. the information violates the privacy or other rights of the student.
c. the information is inaccurate.
d. the information is to be presented at a hearing.
d. the information is to be presented at a hearing
143
Under IDEA and FERPA, upon parental request, school psychologists generally have an obligation to allow parents to inspect which of the following documents?
a. Their child’s answers on an individually administered test protocol
b. Test manuals
c. Test stimulus materials (e.g., a block design booklet)
d. All of the above.
a. Their child’s answers on an individually
144
Which of the following fall under the category of sole possession records or private notes?
a. Test protocols
b. School psychological reports
c. Notes taken as a memory aid
d. All of the above.
c. Notes taken as a memory aid
145
Persons may file complaints about violations of FERPA with which of the following agencies or departments?
a. District Magistrate
b. Licensing and Certification
c. U.S. Department of Education, Family Compliance Office
d. U.S. Department of Health and Human Services
C. . U.S. Department of Education, Family Compliance Office
146
In Newport-Mesa Unified School District v. State of California Department of Education (2005), a federal district court ruled that giving a copy of a completed WISC-IV test protocol (showing the child’s answers) to the parents of a special education student:
a. was a violation of the “fair use doctrine” of federal copyright law.
b. was legally permissible within the “fair use doctrine” of federal copyright law.
c. did not violate test publishers’ trade secret rights.
d. b. and c.
b. was legally permissible within the “fair use doctrine” of federal copyright law.
147
Parents have had greater expectations of ownership and control of sensitive health and mental health information about their child since the passage of which act?
a. The Rehabilitation Act of 1973
b. HIPPA
c. IDEA
d. ESSA
B. HIPAA
148
FERPA and IDEA each have provisions concerning student records. Which of the following are required by one or both of these laws?
a. Schools must have policies regarding storage, retrieval, and disposal of student education records, and parents must be informed of those policies.
b. Parents should be notified of the district’s intent to destroy students’ education records.
c. Student psychological records must be destroyed immediately after a student graduates.
d. a. and b.
D. Schools must have policies regarding storage, retrieval, and disposal of student education records, and parents must be informed of those policies; and Parents should be notified of the district’s intent to destroy students’ education records.
149
A school district outsources its record-keeping functions to a reputable third-party vendor. The contractual agreement between the school and the vender is complaint with FERPA, and, consistent with ESSA, parents have been notified about the third-party management of PII. The vendor experiences a breach of security of its data management systems, including a breach of security of school psychological records managed by the vendor. In this scenario:
a. the district’s school psychology practitioners have violated NASP’s ethics code.
b. the district’s school psychologists are at high risk for being the target of successful malpractice lawsuits against them individually for violation of FERPA.
c. the district’s school psychologists will likely face disciplinary sanctions by their state certification or licensure board.
d. the outsourcing contract is between the school district and the third-party vendor. Although the incident is unfortunate and it must be addressed with clients who could be impacted by the breach, individual school psychology practitioners are not ethically or legally responsible for the unauthorized release of PII.
D. the outsourcing contract is between the school district and the third-party vendor. Although the incident is unfortunate and it must be addressed with clients who could be impacted by the breach, individual school psychology practitioners are not ethically or legally responsible for the unauthorized release of PII.
150
Which of the following statements are TRUE with regard to a school district outsourcing student records to a third party for storage and management?
a. When a district outsources its record-keeping functions to a third party, the third party becomes a “school official” within the meaning of FERPA.
b. The Every Student Succeeds Act requires that parents be notified if PII is to be outsourced to third parties who are not involved in educating students.
c. It is an ethical violation for an individual school psychology practitioner to allow their school district to outsource school psychological records to a third party for management and storage.
d. a. and b.
D. When a district outsources its record-keeping functions to a third party, the third party becomes a “school official” within the meaning of FERPA; and The Every Student Succeeds Act requires that parents be notified if PII is to be outsourced to third parties who are not involved in educating students.
151
School psychology practitioners who wish to use digital technologies for the creation and storage of PII are obligated to:
a. ensure that their practices are in compliance with district policies for digital management of student information and approved by their supervisor.
b. password-protect and encrypt files that include PII.
c. notify clients of electronic storage and transmission of PII and any known risks to privacy.
d. All of the above.
D. All of the above
152
_____ was a court case that suggests that school personnel should not intrude on family privacy without informed parent consent.
Merriment v. Cressman
153
In schools that receive federal funds, ____ requires parent notice and child “opt-out” before collecting sensitive information (e.g., political affiliation, religious practices, mental and psychological problems) from students.
Protection of Pupil Rights Amendment (PPRA)
154
_____ protects the privacy of student education records.
FERPA
155
_____ was a court case concerning an adolescent who committed suicide after the police threatened to tell his family that he was gay. It was interpreted to suggest that school personnel should not disclose the sexual orientation of a student without the student’s permission unless there is a compelling and legitimate reason to do so.
Sterling v. Borough of Minersville
156
In _____, the Supreme Court allowed a more lenient standard of reasonable suspicion rather than probable cause to conduct searches of individual students at school
New Jersey v. T.L.O.
157
In _____, a federal district court held that the right to informational privacy regarding sexual orientation extends to students in public schools.
Sterling v. Borough of Minersville
158
What are the three key elements of informed consent?
1. Knowing
2. Competent
3. Voluntary
159
Knowing
the individual giving consent must have a clear understanding of what they are consenting to
160
Competent
The individual giving consent also must be legally competent to do so
161
Voluntary
- Consent must also be obtained freely from the individual consenting.
- There is no coercion, duress, misrepresentation, or improper influence.
162
Explain why informed consent is a process and not simply a form signed by the person giving consent.
the discussion can be reopened when appropriate, such as when there is a change in goals and services, or when sensitive information may be shared with others. Clients can also withdraw consent at any time without negative repercussions.
163
Privacy
- refers to a student’s right to control access to personal information about themselves and to expect that certain information will not be disclosed to others without appropriate reason or consent.
- Information can include behaviors, academic performance, or personal characteristics
164
Privileged communication
- a psychologist may not share a client’s confidential information in a legal setting without the client’s permission.
- does not apply to SP's in NY state
165
Confidentiality
the obligation to protect an individual’s information, except as explicitly agreed
166
Identify three guidelines or rules for your intern to keep in mind to ensure information disclosed by a student–client is handled in a manner that meets high professional standards for conduct.
1. Maintain confidentiality – Share information only with authorized personnel or with consent; exceptions for risk of harm or legal requirements.
2. Secure records properly – Protect paper and digital records from unauthorized access and follow retention/disposal rules
3. Use professional judgment and documentation – Record information accurately, avoid unnecessary details, and do not discuss students in public or with unauthorized individuals.
167
Identify two ways in which computerized record keeping might result in unauthorized access to private student information
1. Hacking or cyberattacks – Digital systems can be targeted, allowing outsiders to access sensitive student data.
2. Improper access by school personnel – Staff without legitimate educational need may view records, violating FERPA and ethical standards.
168
Identify two ethical–legal risks associated with the use of “paper only” school psychological records.
1. Confidentiality breaches – Paper records can be lost, stolen, or accessed by unauthorized individuals, risking FERPA/HIPAA violations.
2. Record retention and accessibility issues – Paper records can deteriorate or be hard to retrieve, potentially violating parents’ or students’ rights under FERPA/IDEA.
168
Identify two ways a school psychologist can protect their own computerized files from unauthorized access by others
By using passwords and file encryption
169
What are some of the potential benefits and risks when a district enters a contract with a third party to provide digital management and storage of special education and school psychological student records?
- Advantages: unlimited storage capacity; reduced need for on-site computer hardware and its maintenance
- Risks: security of students' PII; parent access to the records of their own child
170
Identify two components of a parent consent form for the delivery of school psychological services via telepsychology that are unique to telepsychology when compared with in-person services.
- the nature and scope of telepsychology services
- expectations for the student and their family and their responsibilities if the services are provided to the child's home
171
Tort
To twist; a civil wrong that does not involve a contract
172
Malpractice
- Civil lawsuits (torts) filed against individual practitioners under state statutory and common law
- a client suffers harm and it is determined that the harm was caused by departure from acceptable professional standards of care
173
Case Law
Emerges from court decisions
174
Tinker V. Des Moines
Students still have the right to their freedom of speech or expression under the Bill of Rights, even in schools, unless it interferes with or disrupts the functioning of the school.
175
Equal Protection Clause
No state shall deny any person within its jurisdiction the equal protection of the laws
- Ex. Brown v BOE; Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania; Mills v. BOE of District of Columbia
175
Procedural Due Process
- A state may not take away life, a liberty interest, or property right without some sort of procedural fairness to safeguard citizens from unfair or wrongful infringement of rights by the government
- how the law or policy is applied
176
Substantiative Due Process
- A constitutional principle that protects fundamental rights from government interference
- it ensures laws or policies cannot unreasonably interfere with rights
177
3 sources of public school law
1. US Constitution
2. statutes and regulations
3. case law
178
4 Broad Ethical Principles/Guidelines
1. Respecting the Dignity and Rights of all Persons
2. Professional Competence and Responsibility
3. Honesty and Integrity in Professional Relationships
4. Responsibility to Schools, Families, Communities, the Profession, and Society
179
Ethics
a system of principles of conduct that guide the behavior of an individual
180
Civil Liability
- one can be sued for acting wrongly toward another or for failing to act when there was a recognized duty to do so
- rests within the basic framework of the law of tort
181
Code of Ethics
an indicator of the profession’s willingness to accept responsibility for defining appropriate conduct and a commitment to self-regulation of members by the profession
182
DECIDE Model
1. Define the problem
2. Ecological lens- identify and examine cultural and contextual factors
3. Consider ethical, legal, and policy guidelines
4. Identify rights and responsibilities
5. Determine courses of action and consequences
6. Establish a plan that is consistent with a socially just, anti-discriminatory, and antiracist practice
183
Respecting the Dignity and Rights of all Persons
school psychologists demonstrate respect for the autonomy of persons and their right to self-determination, respect for privacy, and a commitment to just, equitable, and fair treatment of all persons
184
Responsible Caring (Professional Competence and Responsibility)
- must practice within the boundaries of their competence
- use scientific knowledge from psychology and education to help clients and others make informed choices
- accept responsibility for their work
185
Honesty and Integrity in Professional Relationships
- to foster and maintain trust
- candid and honest about the nature and scope of the services we offer
- work in cooperation with other professionals to meet the needs of children
- top priority is the welfare of children and youth
186
Responsibility to Schools, Families, Communities, the Profession, and Society
- promote healthy school, family, and community environments
- proactive role in identifying social justices that affect children and youth and schools and strive to reform systems-level patterns of injustice
- respecting law and the relationship of law and ethics
- maintaining public trust by self-monitoring and peer monitoring
- contributing to the profession by mentoring, teaching, and supervision
- contributing to the school psychology knowledge base
187
Two examples of federal education legislation
1. The Individuals with Disabilities Education Act of 2004 (IDEA), where funds are provided to states on the condition that schools adhere to certain educational policies and practices.
2. The Family Educational Rights and Privacy Act of 1974 (FERPA) requires schools to give parents access to all school education records of their children within a reasonable time period, the right to challenge the accuracy of those records, and the right to a hearing regarding their accuracy or no federal funds will be made available
188
Two examples of federal anti-discrimination legislation
1. Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that prohibits discrimination under any program or activity that receives federal funding
2. The Americans with Disabilities Act of 1990 (ADA) ensures the civil rights of all individuals with disabilities
Professional Practice
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