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ETHICS
| Question | Answer |
|---|---|
| What legislature gives Indiana's summary of how IDEA is regulated? | Article 7 |
| Prior to the 1960's, what was recommended for treatment for children with disabilities? | Institutionalization. kids had to toilet trained, mental age of 5, etc to go to school. |
| What were two key cases discussed in class that began the Right-to-Education for children with disabilities and brought up the 14th Amendment? | Pennsylvania Association for Retarded Children v. Commonwealth of Penn (71, 72), and Mills v Board of Education (1972) |
| What were the two Civil Rights Legislation discussed in class | Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA) |
| What is the most important Federal Education Law discussed in class? What was it first named and when was it renamed? | IDEA. The Education of All Handicapped Children Act (EAHCA) was renamed IDEA in 1990. Idea was signed into Law in 2004. |
| What is the purpose of IDEA? | - to provide funds to state and local education agencies that provide FAPE -requires SEA to have a detailed plan on how the state meets the needs of ages 3-21 with disabilities. - excludes age 3-5 (if state law does), and 18-21 (if in jail) |
| What are the four parts of IDEA? | PART A: General Provisions, PART B: Assistance for Education of All Children with Disabilities (funds for 3-21), PART C: Infants and Toddlers with Disabilities (funds for early intervention) PART D: National Activities to improve Education |
| IDEA says that each state must have what type of plan on file with the DOE? | each state must have on file a plan that offers a FAPE to all pupils with disabilities, age range 3-21. |
| IDEA says that every SEA is responsible for what? | Offering a FAPE to each child with a disability, except those incarcerated. |
| Are publicly places private school students entitled to the same benefits and services as those attending public schools? | YES. |
| Describe IDEA's regulations regarding "The Zero Reject Principle". | IDEA requires the SEA to do "Child Find" in which they identify, locate, and evaluate all children with disabilities as part of its state plan. The state must give equal opportunity no matter the severity. |
| Describe the power-play between IDEA 2004 and parental power. | IDEA 2004 says that parents have the ultimate choice, and can remove their child from SPED at any time, and they can not be over-ruled by the school. |
| What are the 13 categories of disabilities in IDEA? What part of IDEA are they under? | mental retardation, hearing impairments, speech or language impairments, visual impairments, emotional disturbance, orthopedic impairments, autism, TBI, other health impairments, SLD. - PART B |
| What grades does IDEA's Early Intervening Services include? | All grades, but with a focus on K-3 |
| Early Intervening Services (describe) | For kids who need additional academic/behavior support but who are not identified as needing SPED. States may use up to 15% of federal sped. funds for professional development and to provide evaluations, services, and supports. |
| What is the purpose of the IEP meeting? | the purpose is to prevent exclusion of children with disabilities from opportunities to learn, and the yearly review of the IEP is seen as a safeguard from misclassification. |
| Who is responsible for initiating/conducting the IEP meeting, and who must attend? | The SEA or LEA must have initial meeting with 30 days after the referral for sped. Attendees: parents, gen.ed. teacher, sped. teacher, rep. of LEA, interpreter of evaluation results (school psych), possibly more if parents wants it, possibly child. |
| Describe the content of the IEP. | child's present levels, measurable annual goals, description of how progress will measured, statement of sped and services and modifications, explanation if child won't always be with non-disabled, initial date-frequency-location-duration of services,etc. |
| What is meant by LRE in sped law? | "the state should deprive the patient of his liberties ONLY to the extent necessary to provide treatment- disabled should be educated with non-disabled. |
| What are the guiding principles for determining a child's educational placement? | 1. the educational benefits in the gen. room compared with the sped room 2. the nonacademic benefits of interaction with non-disabled 3.the effect of the child's presence on teacher and other students 4. cost of educating child in gen.ed. |
| What are related services and how are they provided? | school health, school nurse, counseling services. |
| Idea gives legislation for special education, what does Section 504 give legislation for? | general education. |
| Compliance with IDEA is monitored by _______ at the level of the state. | Office of Special Education Programs (OSEP) |
| Compliance with Section 504 is monitored by _______, by responding to complaints. | Office of Civil Right (OCR). |
| Why must school districts comply with 504? | to receive any federal funds for any purpose. |
| T or F? Children who qualify as having a disability under IDEA also are protected by 504/ADAA? | TRUE |
| What does ADAA stand for and what did it have to do with the definition of impairment? | Americans with Disabilities Amendments Act of 2008 restored the original broad definition of "impairment" under 504/ADAA. |
| When was 504 passed? | 1973, but was initially ignored. |
| Give a basic overview of 504. | prohibits schools from discriminating on the basis of disability in providing aid, benefit, or service - provides legal protection from harassment - provides accommodations for students with disabilities to ensure equal opportunity. |
| What is the 504/ADAA eligibility? | individual with a disability who has a physical or mental impairment which substantially limits one or more of his major life activities. |
| What are Major Life Activities? | caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, etc. |
| Major Life Activities include major bodily functions...list some. | functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, bran, respiratory, reproductive functions, etc. |
| What is 'First Steps'? | Indiana's system that provides early intervention services to infants and young children with disabilities, or who are developmentally vulnerable. birth-3. |
| Definition of Privacy. | "limiting the access of others to one's body or mind, including information about the self contained in dreams, fantasies, thought, and beliefs." |
| Name the 3 Relevent Case Law in terms of Privacy. | Merriken v Cressman (1973): parental privacy in questionnairs. NJ v TLO (1985): "reasonable suspicion" instead of "probable cause" for conducting searches, Sterling v Borough of Minersville (2000): no right to disclose sexual orientation. |
| Definition of Confidentiality. | "An explicit promise or contract to reveal nothing about an individual except under conditions agreed to be the source or subject." |
| What are limits to confidentiality? | 1. when student/parent requests it. 2. when there is a situation involving danger to student or others; 3. when required by law. |
| What is Privilege? | "an exception to the general rule that the public has a right to relevant evidence in a court proceeding" |
| What is the difference between confidentiality and privilege? | Confidentiality refers more broadly to the legal rules and ethical standards that protect an individual. confidentiality is a professional DUTY to refrain from speaking, while pirvilege is a RELIEF FROM DUTY to speak in a court. |
| Who does Privilege belong to? | the student/patient. They decide if it is exercised or waived. without a privilege statute, a therapist may be charged with contempt of court for refusing. |
| What are the 3 elements for Informed Consent? | Knowing, Voluntary, Competent. |
| According to FERPA, what are educational records? | any records maintained by the schools, or their agent, that are directly related to the student. (some exclusions - sole possession records) |
| According to FERPA, parents have the right to do what with their child's educational records? | they can inspect them, and they can amend them if the information is inaccurate, misleading, or violates privacy. |
| FERPA says what about releasing directory information? | Schools may freely do so, as long as they give parents opportunity to object. Schools must provide annual notice to parents regarding their rights of educational records. |
| How long do schools have to respond to a request for inspection of educational records? | 45 days |
| T or F? Parents and eligible students have a right to inspect/review all educational records that contain personal information, including test protocols? | TRUE |
| A system of ethics develops within the context of a ___________? | particular society or culture. |
| Moral Rules are thought to differ from other aspects of ethics in that they...? | are more important, fundamental, universal, rational, and objective. |
| Ross identified a number of moral duties of the ethical person that provided a foundation for the codes of ethic of psychologists. What were they? | Nonmaleficence, Fidelity, Beneficence, Justice, Autonomy. |
| What does "nonmaleficence" mean ethically? | do no harm |
| What does "Fidelity" mean ethically? | faithfulness to the truth and one's professional duties |
| What does "Beneficence" mean ethically? | do good |
| What does "Justice" mean ethically? | ensure others are treated in a fair and nonbiased manner and that all persons have equal access to what school psych has to offer. |
| What does "Autonomy" mean ethically? | respect for the right of individuals to have a voice in decisions that affect them. |
| APA's code of ethics has a General Principles section, What does it include? | five broadly worded aspirational goals to be considered in decision making. |
| NASP's code of ethics has how many ethical themes and how many principles? | NASP has four broad ethical themes that contain 17 ethical principles. Each principle is then further articulated by specific standards. |
| What are NASP's 4 broad ethical themes/Principles? | 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. |
| What are the 3 Principles found in the first theme "Respecting the Dignity and Right of all Persons"? | Principle 1.1 - Autonomy and Self Determination (Consent and Assesnt - kiddos), Principle 1.2-Privacy and Confidentiality, Principle 1.3- Fairness and Justice |
| What are the Principles under the theme "Professional Competence and Responsibility"? | 2.1 Competence, 2.2 Accepting Responsibility for Actions, 2.3 Responsible Assessment and Intervention Practices, 2.4 Responsible School-Based Record Keeping, 2.5 Responsible Use of Materials. |
| What are the Principles under the theme "Honest and Integrity in Professional Relationships"? | 3.1 Accurate Presentation of Professional Qualifications, 3.2 Forthright Explanation of Professional Services, Roles, and Priorities, 3.3. Respecting other Professionals, 3.4 Multiple Relationships and Conflicts of Interest. |
| What are the Principles under the theme, "Responsibility to Schools, Families, Communities, the Profession, and Society?" | 4.1Promote Healthy School, Fam,and Community.4.2 Respect for Law and relations of Law and Ethics,4.3Maintaining Public Trust by Self/Peer Monitoring,4.4Contrib. to the Profession by Mentoring/Teaching/Supervision,4.5Contrib. to the SPSY Knowledge Base. |
| the ASCA standards for counselors specifies principles of ethical behavior that are necessary to maintain ______ ? | the high standards of integrity, leadership, and professionalism among its members. |
| ASCA standards for Counselors are divided into what sections? | A.Respons. to Students, B.Respons to Parents/Guardians, C.Sharing Information with Other Professionals,D. Responsibilities to School, Communities, and Families, E.Responsibilities to Self, F.Responsibilities to the Profession, G.Maintenance of Standards |
| What is Article 4? | Indiana Special Education Law |
| Article 4 says that the state is responsible for student assistance services, and breaks it down into what 4 categories? | Prevention, Assessment, Intervention, and Referral. |
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moran13
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