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Public Law 94-142

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Least restrictive environment for students with disabilities. All schools are required to identify students with learning disabilities. Only students with congenital physical or mental disabilities or those caused from trauma qualify for special education services.

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IDEA

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Individuals with disabilities Educational Act - broadens rights of disabled students.

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Section 504

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This is a civil rights law & guarantees access to a school building & to a school's curriculum. Regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability.

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The Hughes Bill (A.B. 2586)

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Legislation deals with behavior interventions for special education students. Requires behavioral interventions respects human dignity, personal privacy, & ensures a pupil's placement in the least restrictive environment.

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Public Law 99-457

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Services sought be delivered to pre-schoolers (birth-2 years) with disabilities and encourage services to at-risk infants, toddlers, and their families.

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Larry P. Case

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Supreme court ruled in favor of not using intelligence tests to place African American students in special education classrooms. Case was updated in the 1980s to include speech and language classroom placement.

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Public Law 105-17

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Revision was necessary due to a continual inappropriate labeling & identification of students with disabilities within the public education system. Many minority children were being mislabeled as students with disabilities, thus resulting in a highly disproportionate number of minority children in special education services.

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Public Law 105-17

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Specifically, this act stated that a child could not be identified as having a disability solely on insufficient instruction in reading, math, or English proficiency.

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Health Insurance Portability & Accountability (HIPAA)

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HIPPA is an administrative function of handling client records and confidential health insurance information. The purpose of act is to ensure confidentiality of these records is maintained and the client's privacy is upheld

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Public Law 108-446

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Public schools must identify all students with disabilities, collect information regarding race & ethnicity. Goal is to provide students with disabilities all the services provided to students without disabilities.

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Public Law 108-446 (Revised)

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Goal of revised law is to provide students with disabilities all the services possible and to allow these students the same opportunities as those without disabilities. Federal funding may be revoked or suspended if schools are found in noncompliance.

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Professionalism

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typically based on guidelines of a profession as well as personal principles of how to conduct oneself in the work place.

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Privacy & Confidentiality

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Privacy refers to the immediate surroundings. Confidentiality extends beyond the session & refers to the promise the therapist makes with the client that things discussed during a session will not be repeated.

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Best Practice

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Practices that have been shown to provide or offer the best possible services to the clients. Best practices are often proposed based on empirical research.

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Conflict of interest

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Occurs when a professional is involved in multiple relationships that may inter-mingle and violate ethical standards. A psychologist must avoid multiple types of relationships with the same individuals.

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School Psychologist's responsibility

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Contribute to the improvement of the curriculum and student services offered at the school. As such, the psychologist should make efforts to participate in, conduct, and publish psychological research.

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Scope of the school psychologist

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include all duties aimed at improving emotional, mental, & academic health of the students. Ensuring all students receive effective classroom instruction, working with teachers & administrators to provide additional instruction to students in need, & advocating & providing for students who need crisis management services.

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Diana v. State Board of Education

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Assessments must be administered in the native languages of the students (must be able to validate minority testing practices).

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Consulting is a triadic relationships

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It is the cooperation of three parties: the consultee, the consultant, and the client. The relationship is developed in order to solve a specific goal.

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PASE v. Hannon

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This is a pro-special education ruling that endorsed the use of standardized tests as long as they are not culturally biased and are used with several other measures.

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LEP decision making process with team members must do the following

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Identify behavior problems, collect & analyze information to understand the problem, make decisions about service delivery, & evaluate the outcomes of the service delivery.

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LEP must do the following:

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ability to listen well, participate in discussions, convey information, & work together with others at an individual, group, & systems level.

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LEP in collaboration with others develop the following:

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Develop challenging & achievable cognitive & academic goals, provide information on ways student can achieve goals, & monitor student progress towards goals.

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Marshall v. Georgia

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Marshall ruling stated that the percentage of minorities placed in special education can exceed the percentage in the representative population as long as the appropriate and proper steps for placement were followed.

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Honing v. Doe

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Special education students must have a manifestation hearing to review placement if they are suspected more than ten days.

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Three steps for crisis intervention

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Primary intervention is first step, secondary to address the most adversely impacted by crisis, and determine the effectiveness of the intervention & the need for continued counseling/intervention.

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Staff Development

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Needs Assessment, Goals for the team & school, Strategic Plan, and Implementation.

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Suicide Threats or Attempts

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Interview to obtain history, determine whether the client has a plan of action, What is the frequency of thoughts of suicide. What are the previous attempts?

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What to do with suicidal students

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consider alternatives & parental follow-up, make no deal to keep it a secret, have student write no suicide contract, & supervise until in the care of parent.

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LEP reveal confidential information

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Information revealed only with informed consent of child or child's parent or legal guardian, except when failure to release information results in clear danger to client or others.

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Retain client information

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LEP hold onto information for at least six years.

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Limits of confidentiality

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LEP inform child & others of limits of confidentiality at outset of establishing professional relationships

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Informed consent

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Inform client of nature of services, fee policy, cancellation policy, exceptions to confidentialty, & always get written permission to record.

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LEP authorized to peform the following

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Educational evaluation; diagnosis & test interpretation, counseling services for children or adults of academic learning problems, educational consultation, research, & direct educational services.

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Family Educational Rights & Privacy Act (FERPA)

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Case law that requires parental "access" to records. Act gives families the right to review the records of their child, files must be kept confidential, public does not have legal privileges-can't review a student's file, and confidentiality is central to this law.

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Larry P. vs. Riles

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percentage of minority students in special education can't exceed the percentage in the respresentative population. The rule is based onthe fact that there was an over representation of minority students identified as mentally retarded.

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Brown vs. Board of Education

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Educational facilties are not allowed to segregate according to race (anti-segregation law)

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Rowley vs. Board of Education

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Public schools do not have to provide the best education but an adequate education. (school do not have to provide a cadillac education, but a Ford is required)

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Hobson vs. Hansen

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Schools must provide educational opportunities despite a family's socio-economic status.

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Tarasoff Case

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Court ruled that a school district has a duty to warn the parents if their son or daughter is in danger (Important for anti-bullying programs).

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Scope of Practice

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Educational evaluation, diagnosis, & test interpretation limited to assessment of academic ability, learning patterns, achievement, motivation, & personally factors directly related to academic learning problems.

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Scope of Practice (continue)

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Consulting services for children or adults for amelioration of academic learning problems. Educational construction, research, and direct educational services.

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CONVICTION INVOLVING SEXUAL ABUSE OF CHILDREN

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The board shall not issue a license to a person who has been convicted of a crime in this or any other state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.

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Advertising as a LEP

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Licensed Educational Psychologists MAY ADVERTISE AS EDUCATIONAL PSYCHOLOGISTS. California law prohibits any advertising which is false, misleading or deceptive. Licensure status must be shown either by including the complete name of the license OR by including the initials of the appropriate license AND the license number.It is also permissible to include academic credentials (i.e., M.A., M.S.W., Ph.D.) so long as the degree is earned and relevant to the license

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DISPLAY OF LICENSE

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A licensee shall display his or her license in a conspicuous place in the licensee's primary place of practice.

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NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS A LICENSEE

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it is unlawful for any person to practice educational psychology or use any title or letters that imply that he or she is a licensed educational psychologist unless, at the time of so doing, he or she holds a valid, unexpired, and unrevoked license

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Informed Consent

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Inform the client: nature of services, fee policy (usually hourly), cancellation policy, exceptions to confidentiality, always get written permission to record.

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Confidentiality information is revealed

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Information is revealed only with informed consent of the child or the child's parent or guardian, except in those situations in which failure to release information would result in clear danger to the client or others.

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Lau v. Nichols Case

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Schools must provide accommodations for ESL students

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IDEA law of 1997, Part C

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Authorized Child Find for children 0-3 years old.

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Public Law 94-457

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Education of the handicapped. Authorized early intervention of toddlers and families.

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Perkins Act

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Gives rights to transition special education students in vocational programs. Occupational access.

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