- My supervisor is directing that adult students be assessed even when they decline the service. These are non-conservator kids, but their parents want testing anyway. How do we resolve this?
The short answer is that if the district has a conflict between what the parents want and what the students want, they may want to get an attorney’s opinion. That said, the district should have a policy on how they handle these requests including if the district refuses assessments. The same policy should apply to the adult student. Starting in 1997, the parental rights transfer to the student at age 18. The non-conserved student should be treated as though he or she is the parent for purposes of permission for testing and placement.
- What is CASP's policy on parent access to test protocols? And is it appropriate for her to release test protocols to the family's psychiatrist?
Let the parent know of the dilemma of releasing the protocol i.e, that the test becomes invalid for future use with their student. Ask if the report would suffice. However, if the parent insists that the protocol be sent to someone, a release of information must be signed by the parent if the child is under age 18. After 18 the student must sign the release unless there is a conservatory order giving the parents rights after majority.
- Does a school psychologist need a parent's permission to observe a student?
It depends on the purpose of the observation. If the observation is a part of the process of assessment for special education or determining eligibility in any way, parent permission is required. If the observation is for he purpose of assessing or consulting with staff, it is generally agreed that a specialist can observe. If you can think of any reasons a parent might object, attempt to secure permission first.
- Can parents tape record an assessment and keep a copy?
Although both federal and state laws support giving protocols to parents, tape recording should not be allowed. Protocols do not include the test questions. Having parents tape the assessment not only invalidates the test for future use with the student but for all other students. It would be a violation of copyright laws.
- Can a school psychologist refuse to test a child if the parent insists on being in the room while the child is being tested?
If the school psychologist believes the child would perform better with the parent in the room, the parent may be there. However, the parent should sit behind the child or somewhere in which the child cannot watch the body language of the parent. In an adversarial situation, it is advised to not allow the parent in the room. Both the examiner and the child need to feel comfortable to obtain a valid assessment. If a two-way mirror is available it may be a good way to allay the parent's fears.
- Does a parent have the right to ask for changes in the student's file if birth date and other such information is incorrect?
A parent has the right to ask for changes if the birth date; previous diagnoses and other demographic information is wrong. School districts generally have policies governing the procedure to be followed. However, the school psychologist's interpretation of the results of testing cannot be changed despite disagreement from the parent, unless the parent takes the district to mediation or a fair hearing, and wins the right to have the information removed.
- Would it be unethical for a school psychologist to tell parents that their disabled student did not need an educational therapist but instead represent that they or a high school teacher do that job?
The answer to your question is simple. If you have properly assessed the child, and are aware of his educational needs, it is your responsibility both ethically and professionally (as this is part of your job-intervention suggestions) to tell them the interventions you feel are appropriate. The school Psychologist or high school teacher should provide the service at no cost to the parent. School Psychologists should not provide services to students for a fee when they are assigned to the students' school.
- What is the best practice for conducting IQ tests on biracial students with parental consent?
The recommended policy of the Larry P. Task Force was that the parent decides the child's ethnicity at the signing of the assessment plan. Some school districts document this decision in writing, especially if the student was designated African-American on some other school form. School psychologists may wish to annotate in the assessment plan the parent's decision if the form does not have a place to indicate the student's ethnicity. The legal practice is to allow the parent to decide his/her child's ethnic designation for special education. Please see the "Testing of African-American Students" section on this web page.
- The psychologist at my school district had an interesting case. A girl asked to speak with the school psychologist at one of our high schools. During the conversation, the girl said she felt really guilty and needed to get something off of her chest. She then proceeded to tell the psychologist that she may have shot and killed another girl the previous weekend. After consulting with several school officials, the psychologist decided to contact the police and break confidentiality. Should this conversation have been kept confidential? Given confidentiality laws, what would be the most appropriate way to handle a situation such as this one? Also, is there a book or other resources you could recommend that address confidentiality laws in schools?
First a question, how old is the child? At least with school counselors, privilege does not apply under the age of 12. Confidentiality does not apply when the concern is about a student being a danger to him or herself and/or others. So I guess in this situation you could argue that a significant danger to others was present and that confidentiality could be broken.
As for a resource, here's the one I recommend Jacob-Timm, S., & Hartshorne, T. S. (1998). Ethics and law for school psychologists (3rd ed.). New York: Wiley.
- I'm contacting you to get clarification concerning "permission" requirements in order for a school psychologist to provide counseling services to students in the public school setting. These students would be non-special education students.
Who holds confidentiality of information that a student provides in counseling and does that change with the age of the student? I could not find anything in the state Education Code that specifically applies to the school psychologist. I have "heard" the PPS credential is generic for "counselor" therefore those sections of the code would apply to us. I currently serve both elementary and intermediate students.
According to Dr. Jackie M. Allen, Education Programs Consultant California Department of Education Counseling and Student Support Services Unit, school psychologists, in order to work in schools, must have a pupil personnel services credential authorizing them to practice school psychology. Counseling is part of that authorization. Counseling of both regular education and special education students is part of the practice of a school psychologist.
The California Education Code defines the credential provisions of services for school psychologists: Section 49422 (b)
"Any psychologist employed pursuant to Section 4900 and this article shall hold a school psychologist credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, or a services credential issued by the State Board of Education or Commission on Teacher Credentialing."
Also Section 49400 defines the responsibility of the school district to provide for the health and physical development of pupils.
"The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work."
In addition the California Education Code states in Section 49424:
49424. "A school psychologist is a credentialed professional whose primary objective is the application of scientific principles of learning and behavior to ameliorate school-related problems and to facilitate the learning and development of children in the public schools of California.
To accomplish this objective the school psychologist provides services to children, teachers, parents, community agencies, and the school system itself. These services include:
(a) Consultation with school administrators concerning appropriate learning objectives for children, planning of developmental and remedial programs for pupils in regular and special school programs, and the development of educational experimentation and evaluation.
(b) Consultation with teachers in the development and implementation of classroom methods and procedures designed to facilitate pupil learning and to overcome learning and behavior disorders.
(c) Consultation with parents to assist in understanding the learning and adjustment processes of children.
(d) Consultation with community agencies, such as probation departments, mental health clinics, and welfare departments, concerning pupils who are being served by such community agencies.
(e) Consultation and supervision of pupil personnel services workers.
(f) Psychoeducational assessment and diagnosis of specific learning and behavioral disabilities, including, but not limited to, case study evaluation, recommendations for remediation or placement, and periodic reevaluation of such children.
(g) Psychological counseling of and other therapeutic techniques with children and parents, including parent education."
The last part of this Education Code section specifies "psychological counseling of and other therapeutic techniques with children and parents, including parent education" as part of the services of a school psychologist. As a district employee the school psychologist, as well as the school counselor, is therefore authorized to provide counseling for school students. The exceptions to this section would be for assessment by a school psychologist and possibly extended counseling sessions, over a long period of time.
Regarding the confidentiality question: Education Code 49602 states:"Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a pupil who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. The information shall not become part of the pupil record, as defined in subdivision (b) of Section 49061, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows:
(a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the school nurse, for the sole purpose of referring the pupil for treatment.
(b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(c) Reporting information to the principal or parents of the pupil when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the pupil or the following other persons living in the school community: administrators, teachers, school staff, parents, pupils, and other school community members.
(d) Reporting information to the principal, other persons inside the school, as necessary, the parents of the pupil, and other persons outside the school when the pupil indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will be or has been committed.
(e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the pupil and preserved in the pupil's file.
Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the pupil when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil.
Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding.
Nothing in this section shall be deemed to limit access to pupil records as provided in Section 49076. Nothing in this section shall be deemed to limit the counselor from conferring with other school staff, as appropriate, regarding modification of the pupil's academic program.
It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others.
No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential.
As used in this section, "information of a personal nature" does not include routine objective information related to academic and career counseling." According to this Education Code section and my understanding of the law is that the confidentiality resides in the person confiding, in this case, in the pupil who is 12 years or older. Exceptions for sharing the information are listed in the Ed Code sections above.
