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197 Cards in this Set
- Front
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Discipline: Change of Placement in Special Education
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Removal of a child with a disability for more than 10 consecutive days or a series of school removals cumulating to more than ten days in a school year and constituting a "pattern". Pattern is determined by reviewing factors such as length of each removal, total time removed, and proximity of removals to each other (title 20, United States Code, Section 1415K and Title 34, Code of Federal Regulations, Section 300.519)
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Access
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A personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record (Education Code Section 49061
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Actual Cause
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That which actually produces an effect
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Advocate
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One who assists, defends and speaks in favor of or defends by argument (adapted from Black's Law Dictionary, 6th Edition. St Paul, MN:West)
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Affirmative Duty
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An obligation or requirement to act, to conform to legal standards.
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Apparent Ability
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Apparent ability to carry out a threat implies that the threat must be one that would reasonably tend to induce fear in the victim (In re M.S.[1985] 42 Cal. Rptr.2d 355, 10 Cal. 4th 698,896 p.2d 1365)
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Appellant
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Party who takes an appeal from one court to another. Note:Status of an appellant or appellee does not necessarily bear any relation to status as plaintiff or defendant in the lower court
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Appellee (Respondent)
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Party against whom an appeal is taken; Note: Status as an appellant or appelle does not necessarily bear any relation to status as plaintiff or defendant in the lower court.
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Assessment
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A wide range of information collection activities in which student behavior and other relevant variables are quantified.
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Assessment Report
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A written accounting of the results from a wide range of information and collection activities in which student behavior and other relevant variables are quantified.
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Attack
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Act of destruction or injury against another person.
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Behavioral Assessment
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Involves assessment to determine the function(s) of a student's behavior(s) (under federal law, called functional behavioral assessment)
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Behavioral Intervention Plan
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A students assistance plan, based on a functional behavioral assessment, designed to address the student's behavior(s) that has led to, or contributed to, a school disciplinary action(s)
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Binding
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Obligated; to place under duty
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Binding, Generally
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A court will follow precedent almost all of the time, and except when it is persuaded that the precedent is too unsound or socially unjust to be adhered to.
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Breach
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the breaking or violating of a law, right, obligation or duty; either by commission or omission.
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Bright Line Rule
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An unambiguious rule
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C.F.R
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Code of Federal Regulations
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Case Law
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Law originating in the decisions of the courts; judge-made law
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Causation
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The act by which effect is produced
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Cause of Action
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A situation or state of facts which would entitle a party to sustain action and give him right to seek a judicial remedy.
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CCR
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California Code of Regulations, California Administrative Code
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Change of Placement
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Occurs if: 1) the removal is for more than ten consecitive school days or 2)child has been subjected to a series of removals that constitute a pattern (a) because the series of removals totals more than ten school days in a school year. (b) because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and (c) because of such additional factors as the length of each removal, teh total amount of time the child has been removed, and the proximity of the removals to one another (Title 34, Code of Federal Regulations, Section 300.536)
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Civil Action
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Civil law concerns the obligations that members of society owe to each other Action, or cause of action is the basis for suing.
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Civil Law
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Concerns obligations members of society owe to each other
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Civil Liability
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A person can be sued for acting or failing to act when there was a duty to do so and the breach of that duty resulted in injury to another person.
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Client
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children, parents, teachers, other school personnel, other professionals, trainees, or supervisees depending on the role of the school psychologist.
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Code
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A systematic compliation of related enactments.
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Common Law
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In general, the body of law developing and derived through judicial decisions as distinguished from legislative enactments. Follows the adversarial model.
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Complaining Witness
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the alleged victim in an offense (Evidence Code 782)
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Complaint
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The original or initial pleading by which an action is commenced.; also called a declaration and a petition.
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Confidential Communication
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As used by California Evidence Code Section 1012, " confidential communication between patient and psychotherapist" means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation, or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the psychotherapist is consulted, and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship.
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Conflicts of Interest
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Commitments, objectives, or personal loyalties that may influence a professional relationship.
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Consecutive
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Following one after the other in order.
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Conservator
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the equivalent of a common-law guardian made by judicial appointment with supervision by the court.
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Constitutional Law
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Concerns obligations our society owes its members
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Contract Law
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Concerns obligations we owe to each other because of promises we have made.
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Credentialing
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Training and experience process to hellp ensure school psychologists meet specified qualifications before they are granted legal sanction to practice (Fagan & Wise, 200)
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Criminal Law
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Concerns obligations that each member of society owes to society
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Cumulative
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made up of accumulated parts, additional rather than repeated (Merriam-Webster's Collegiate Dictionary, 1998)
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Custom and Usage
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Can be used to indicate whether the standard of care fell below what a reasonable person would have done.
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Child Find
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California law (Education Code Section 56300) requires each school district to actively seek out all residents from birth to age 21 who have disabilities as defined by Education Code Section 56026 (SPED). Furthermore, policies and procedures must be in place to ensure that all children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and a practical method is developed and implemented to determine which children are currently receiving needed special education and related services (20 USC 1412(a); Title 34, Code of Federal Regulations, Section 300.111)
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Business Day
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Monday-Friday (title34,Code of Federal Regulations, Section 300.9)
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School Day
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A day upon which the schools of the district are in session or weekdays during the summer recess (education code section 48925) In federal regulations, school day includes a partial day (Title 34, Code of federal Regulations, Section 300.9)
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Day
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A calendar day unless otherwise specifically provided (education code section 48925)
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Declaration
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The original or initial pleading by which an action is commenced, also called a complaint and a petition.
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Defendant
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Person being sued
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Dependent Child
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A child under the age of majority (18) who is found by a court to have been neglected or abused by their parent(s) or guardian(s) and then placed under the protection of the court or appropriate social welfare agency; a child who still depends on his or her parentsfor financial support, a child who can be claimed as a dependent on an income tax return, or a child who is eligible to receive Aid to Families with Dependent Children. (Kids and the Law: An A to Z guide for Parents. State Bar of California)
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Dicta/Dictum
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Individual views of judeges expressedin a case, they are not binding but may be persuasive, the portion of the court's opinion not necessary for the determination of the particular action
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Disability
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is a condition(s) as defined in federal and state law / regulation addressing SPED and Section 504.
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Disciplinary Action or Disciplinary Proceeding
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the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students (Code of Federal Regulations, Title 34, Subtitle A, Part 99, A)
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Disclosure
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to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means (Title 20 United State Code, Section 1232g [b][1]; code of Federal Regulations, Title 34, Subtitle A, Part 99, A)
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Discriminate
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Distinctions in treatment (Hi-Voltage Wire Works v. San Jose, 24 Cal. 4th 537 [2007])
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Doctrine
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Rule, Principle, Theory, or Tenet
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Due Process
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In general, due process safeguards the protection of individual rights so that the person whose life, liberty, or property is affected must be served with notice and be given an opportunity to be heard and to enforce and protect his or her rights before the pronouncing of judgment. The exercise of due process forbids condemnation without a hearing and essentially requires a parent or student be given notice and an opportunity to be heard.
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During School Hours
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means from thirty minutes before the first bell to thirty minutes after the closing bell (Title 5 CA Code of Regulations 11993 [u])
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Duty
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A legal obligation, something a person is supposed to do.
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Duty to Act
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Obligation to take some action to prevent harm to another and for failure to which there may or may not be liability in tort (a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction ) depending on the circumstances and relationship of the parties.
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Duty for Negligence
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Everyone owes a duty not to subject another to an unreasonable risk of harm (duty to anticipate things that need repair, are dangerous, may injure v. cost.)
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EC
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Education Code (California)
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Education Records
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Records directly related to a student; and maintained by an educational agency or institution or by a party acting for the agency or institution. (Code of Federal Regulations, Title 34, Subtitle A, Part 99,A)
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Emergency (Record disclosure exception)
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Is the emergency a serious theat to the health or safety of the pupil or other individuals? Is the information to be disclosed necessary to meet the emergency? Are the parties to whom the information is to be disclosed in a position to deal with the emergency? Is time of essence in dealing with the emergency (DOE intent that exception be relied on sparingly and strictly construed)
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Enactment
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The method or process by which a bill in the Legislature becomes law
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Et seq.
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"and following" refers to two or more consecutive sections or pages following a designated section or page (e.g., see Section 48900 et seq.)
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Ethical Conduct
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involves careful choices based in knowledge of codes and standards, ethical reasoning, and personal values (Jacob & Hartshorne, 2003)
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Ethics
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is a system of principles of conduct that guide the behavior of a professional individual
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Ethics, Applied Professional Ethics
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is the application of broad ethical principles and specific rules to the problems arising in professional practice (Beauchamp & Childress, 1983)
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Ethics, Code of
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are developed and agreed to by member of a professional organization for the purposes of identifying appropriate conduct, protecting the persons served, enhancing professional prestige, reducing the perceived need for external control, and providing guidelines by which a professional organization may resolve complaints
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Evaluation
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Procedures used in accordance with federal and state law to determine the education and the related services that the child needs (Title 34, Code of Federal Regulations, Section 300.500[b][2]).
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Evaluation (Initial)
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An initial evaluation includes procedures that are used selectively with an individual child to assess his need for special education and related services.
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Evaluation Pursuant to the IDEA.
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An evaluation is defined as procedures to determine if a student has a disability and, if so, the nature and extent of this resulting need for special education and related services (34 CFR 300.15).
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Evaluation Pursuant to Section 504
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An evaluation is the procedure that must be conducted before initial placement of any student who needs or is believed to need special education or related services because of a qualifying disability (34 CFR 104.35(a)).
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Expulsion
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(In California) the removal from the regular school program and placement in an alternative educational program (such as a Community School) for up to one calendar year
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FPCO
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Family Policy Compliance Office
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Fidelity
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includes a continuing faithfulness to the truth and to one’s professional duties (Bersoff & Koeppel, 1983)
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Fiduciary Relationship
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is one based on trust
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Finding
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A written factual statement
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Foreseeability
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- To see or know in advance (based on reasonable man test); reasonable anticipation that harm or injury is likely to result from certain acts or omissions
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Foster youth
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means a child who has been subject to one of the following (Education Code 48853.5): (1) Has been removed from his/her home pursuant to Welfare and Institutions Code 309 (investigation and release of child); (2) Is the subject of a petition filed under Welfare and Institutions Code 300 (jurisdiction of juvenile court) or 602 (minors ward of court, violating law); or (3) Has been removed from his/her home and is the subject of a petition filed under Welfare and Institutions Code 300 or 602
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FR
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Federal Register
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Free and Appropriate Public Education (FAPE)
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means special education and related services that: (a) are provided at public expense, under public supervision and direction, and without charge; (b) meet the standards of the State Education Agency and federal law; (c) include an appropriate preschool, elementary school, or secondary school education in the State; and (d) are provided in conformity with an individualized education program (IEP) that meets the requirements of federal law (Title 34 Code of Federal Regulations, Section 300.320 through 300.324) (34 Code of Federal Regulations, Section 300.17)
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Harassment
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Knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff. "Course of conduct" is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct” (Code of Civil Procedure § 527.6)
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Harmful matter
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Matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors
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Hearsay
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Hearsay evidence does not proceed from the personal knowledge of the witness, but from the mere repetition of what he has heard others say (Black’s Law Dictionary, 6th Edition)
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Holder of the Privilege
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in relevant part and as applied to the confidentiality privilege, means: (a) the patient when he has no guardian or conservator; (b) a guardian or conservator of the patient when the patient has a guardian or conservator; or (c) the personal representative of the patient if the patient is dead. (California EvidenceCode Section 1013)
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Holding
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The material facts or essential facts of a court’s decision; fully authoritative and generally binding
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Inclusion
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means a student with disabilities receives at least portions of his education in the regular classroom. Note: “Mainstreaming” was the forerunner of the term “inclusion;” the terms may be used interchangeably
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Inclusion (Full)
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means the the placement of a student in his home school in a regular education classroom with age- and grade-appropriate peers
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*IEP
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Individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Title 34 Code of Federal Regulations, Sections 300.320 through 300.324 (Title 34 Code of Federal Regulations, Section 300.22)
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IEPT
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The IEPT for any student with a disability shall include at least the following members: (1) the parent(s)/guardian(s) of the student; (2) if the student is, or may be participating in the regular education program, at least one regular education teacher; (3) at least one SPED teacher, or where appropriate, at least one SPED provider for the student; (4) a representative of the district who is: (a) qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, (b) knowledgeable of the general curriculum, (c) knowledgeable about the availability of district resources, and (d) an individual who can interpret the instructional implication of evaluation results, who may already be a member of the team as described above. A member of the evaluation team shall be present or at least one of the persons present shall be knowledgeable about the evaluation (assessment) procedures, familiar with the results of the student's previous assessmen
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IDEA
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Individuals with Disabilities Education Act as codified in the United States Code (Title 20, United States Code, Section 1400 et seq.)
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Identification
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A determination of whether or not the student is a student with disabilities as defined in applicable law and regulation (e.g., Education Code Section 56026)
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Independent Assessment
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Independent Educational Assessment is an assessment of the student from qualified specialists pursuant to Education Code Section 56329 if the parent(s)/guardian(s) disagree with the public education agency
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Independent Educational Evaluation
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is an evaluation conducted by a qualified examiner who is not employed by the district (34 CFR 300.502
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Informed Consent
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is a person's agreement to allow something to happen, made with full knowledge of the risks involved and the alternatives (Black’s Law Dictionary [Eighth Edition] [2004]. St. Paul, MINN: West Group).
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Injunction
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is court order commanding or preventing an action Black’s Law Dictionary [Eighth Edition] [2004]. St. Paul, MINN: West Group).
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Initial evaluation
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includes procedures that are used selectively with an individual child to assess his need for special education and related services.
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Intelligence Tests
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(Intelligence Quotient or “IQ”) are construed to mean any test which purports to be or is understood to be a standardized test of intelligence (as applied to prohibition of use with African-American students)
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Interim Alternative Placement or (Interim Alternative Educational Setting)
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is an educational setting selected by the IEPT enabling a student to continue to participate in the general curriculum and receive services permitting the student to meet the IEP goals and addressing the behavior that resulted in a disciplinary action (Title 20, United States Code, Section 1415 [k][3][B])
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Joint Custody
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Joint physical custody and joint legal custody (Civil Code 4600.5 [d] [1]
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Joint Legal Custody
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Both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child (Civil Code 4600.5 [d] [5])
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Joint Physical Custody
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Each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents (Civil Code 4600.5 [d] [3])
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Judicial Act
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An act which involves exercise of discretion or judgments... determining a question of right or obligation or of property...an act by court or magistrate or in some cases an act of an administrative board
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Juvenile Court
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Courts established by a state to hear matters involving youngsters under the age of 18 who have either been abused or neglected by their parents or found to be outside the control of their parents, or who have committed a crime (Kids and the Law: An A-to-Z Guide for Parents. State Bar of California)
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Law
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The aggregate of legislation, judicial precedents, and accepted legal principals; the body of authoritative grounds of judicial and administrative action (Black’s Law Dictionary [Seventh Edition] [1999]. St. Paul, MINN: West Group)
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Least Restrictive Environment (LRE)
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means offering a continuum of alternative aids and services (e.g., instruction in regular classes, special classes, resource room or itinerant instruction, instruction in hospitals and institutions) to help ensure pupils with disabilities participate in regular education, either with or without supplementary aids and services, to the greatest extent possible (Title 20, United States Code, Section 1412[a][5] and Title 34, Code of Federal Regulations, Section 300.551).
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Legislation
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Deliberate creation of legal norms or precepts by an organ of government... gives authoritative expression to legal precepts often as a statute... legislation looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject to its power
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Libel
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A method of defamation accomplished through a written medium
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Loitering
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is to delay, to linger, or to idle about any school or public place without lawful business for being present (Penal Code 653g)
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*Maintain (pupil records)-
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Keep in existence, continue, preserve, retain (Owasso Independent School Dist. No. 1-011 v. Falvo, 534 U.S. 426, 122 S. Ct. 934, 151 L.Ed. 2d 896, 161 Ed. Law Rep. 22 [2002]).
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*Manifestation Determination
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is a conclusion made within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct where the Individualized Education Program Team determines if the conduct in question was : (1) caused by, or had a direct and substantial relationship to, the child's disability; or (2) was the direct result of the school district's failure to implement the Individualized Education Program (Title 34 Code of Federal Regulations, Section 300.530)
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Mediation
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An informal process conducted in a nonadversarial atmosphere to resolve issues relating to the identification, assessment, or educational placement of a student or the provision of a free, appropriate public education to the student to the satisfaction of both parties
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Native Language
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in reference to a child who is limited English proficient and as defined in federal law concerning an evaluation is the “language normally used by the child in the home or learning environment” (34 CFR 300.29).
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Neglect
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includes the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term includes both acts and omissions on the part of the responsible person. Neglect is divided into two categories: severe and general. Severe neglect means the negligent failure to protect the child from severe malnutrition, a medically diagnosed nonorganic failure to thrive, or willfully causing or permitting the person or health of the child to be endangered. General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred
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Negligence
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Everyone owes a duty not to subject another to an unreasonable risk of foreseeable harm. When a person breeches this duty, the plaintiff is harmed, and the breach of the duty was must be the actual and proximate cause of the damage. Negligence always has four elements: Duty, Breach, Causation (Actual and Proximate), and Damages
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Nondiscrimation
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All programs and activities are free from discrimination, including harassment, with respect to the actual or perceived ethnic group, religion, gender, color, race, ancestry, national origin, and physical or mental disability, age or sexual orientation.
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Nondiscriminatory Assessment -
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Testing and assessment materials and procedures used for the purposes of assessment and placement of individuals with exceptional needs are selected and administered so as not to be racially, culturally, or sexually discriminatory (Education Code Section 56320[a])
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Notice
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Fact(s) brought directly to a person’s attention
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Obscene matter
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Matter, taken as a whole, that to the average person, applying contemporary statewide standards appeals to the prurient interest, that taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that taken as a whole, lacks serious literary, artistic, political, or scientific value (Penal Code 311 and Miller v. California 413 U.S. 15, *37, 93 S.Ct. 2607, **2622 [U.S.Cal. 1973])
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OSERS
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Office of Special Education and Rehabilitative Services (also referenced as OSEP, Office of Special Education Programs) (Note: Branch of the U.S. Department of Education).
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Parent
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A natural parent, adoptive parent, or legal guardian (Education Code Section 49061). If parents are divorced or legally separated, only a parent having legal custody of the student may challenge the content of a record, offer a written response to a record, or consent to release records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made (Education Code Section 49061)
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Parent for Special Education Purposes
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(a) a person having legal custody of a child; (b) any adult pupil for whom no guardian or conservator has been appointed; (c) a person acting in the place of the natural or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; (d) a parent surrogate; (e) a foster parent if the authority of a parent to make educational decisions on the child’s behalf has been specifically limited by court order in accordance with subsection (b) of Section 300.20 of Title 34 of the Code of Federal Regulations (Education Code Section 56028[a]).
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Patient
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“As used in California Evidence Code Section 1011, patient means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems
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Person holding the right to make educational decisions
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means a responsible adult appointed by a court pursuant to Welfare and Institutions Code 361 or 727
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Personally Identifiable Information
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includes, but is not limited to: (a) the student's name;
(b) the name of the student's parent(s) or other family member; (c) the address of the student or student's family; (d) a personal identifier, such as the student's social security number or student number |
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Placement
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Given the full range of educational alternatives available, placement is the setting(s) where services are delivered (e.g., regular education, SPED)
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Plaintiff
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A person who brings an action to court
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PPE
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Principles for Professional Ethics
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PPS
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Pupil Personnel Services
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Precedent
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adjudged case or decision of court; decisions by which judges have resolved previous lawsuits; prior cases which are close in facts or legal principles to the case under consideration are called precedents
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Preference
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The “giving of priority or advantage to one person . . . over others” (Hi-Voltage Wire Works v. San Jose, 24 Cal.4th 537 [2000])
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Prejudice
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Damage or detriment to one’s legal rights
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Privacy
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The right to be let alone; to live without governmental interference in intimate personal relationships or activities, to make fundamental choices involving the person, his family and his relationship with others (Adapted from Black’s Law Dictionary [Sixth Edition] St. Paul MN: West). (Alternatively, privacy is the freedom of individual to choose for themselves the time and the circumstances under which the extent to which their beliefs, behaviors, and opinions are to be shared or withheld from others (Jacob and Hartshorne, 2007, p. 57).
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Procedural law
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determines how rights and duties are enforced
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Procedural Safeguard
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Rules that prescribe steps for having a right or duty enforced. Procedural Safeguards in special education are the formal requirements of the IDEA that are designed to afford parents or guardian of children with disabilities meaningful involvement in the education placement of their children
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Professional Malpractice
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Negligence by a professional in the practice of his or her profession; occurs when a court determines a professional-client relationship existed between the professional and plaintiff, the professional owed the plaintiff a duty of care (i.e., customary to the profession), the duty was breached, and the breach of the duty was the proximate cause of the plaintiff’s damages
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Professionalism
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is when an occupation, usually because of a claim to special competence and a concern for the quality of the its work and benefits to society, obtain the exclusive right to perform a particular kind of work, to control training criteria and access to the profession, and to determine and evaluate the way the work is to be performed (Chalk, et al.,1980)
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PPRA
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The Protection of Pupil Rights Act
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Protections
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Conduct that is permitted or encouraged by a statute or constitutional provision
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Proximate Cause-
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Responsible cause (important, significant, and foreseeable cause), legal cause, reasonably probable cause, sole cause, dominant cause
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Psychotherapist
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In relevant part and as used in California Evidence Code Section 1010, Subsection “d,” psychotherapist means a person who is, or is reasonably believed by the patient to be. . . a person who is serving as a school psychologist and holds a credential authorizing that service issued by the state
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Public Expense
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means the district either pays for the full cost of the independent educational evaluation or ensures that the evaluation is otherwise provided at no cost to the parent/guardian. (34 CFR 300.502)
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Public Law
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Involves relations between private citizens or organizations and the government. Protection of civil liberties, protection of the citizen against arbitrary acts of the executive or administrative organs, the validity of the legislature, and governmental regulation of trade and commerce (e.g, Constitutional Law, Administrative Law, Taxation, and Trade Regulation)
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Qualified Immunity
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is a shield from liability for civil damages provided to government officials performing discretionary acts unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have know
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Reasonable Belief
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A reasonable person in the actor's shoes would also have believed
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Reasonable Care
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The degree of care which a person of ordinary prudence would exercise in the same or similar circumstances
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Reasonable Person Standard
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The idealized standard of how a community expects its members to act. It is based on the degree of care that persons of ordinary prudence would exercise in particular situations (Kids and the Law: An A-to-Z Guide for Parents. State Bar of California)
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Record
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Any information recorded in any way, including, but not limited to, handwriting, print, tape, film, microfilm, and microfiche (Title 20, United States Code, Section 1232g; Code of Federal Regulations, Title 34, Subtitle A, PART 99, A)
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Related Services
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are supportive services provided to a student with disabilities to assist him to benefit from special education and may include (34 CFR 300.34(c)): (1) transportation; (2) developmental, corrective, and other support services required to assist a child with a disability to benefit from special education such as: (a) speech-language pathology and audiology services; (b) interpreting services; (c) psychological services; (d) physical and occupational therapy; (e) recreation, including therapeutic recreation; (f) early identification and assessment of disabilities in children; (g) counseling services, including rehabilitation counseling; (h) orientation and mobility services, (i) medical services for diagnostic or evaluation purposes; (j) school health services and school nurse services; (k) social work services; and (l) parent counseling and training.
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Remand
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To send back; when an appellate court sends a case back to the trial court with orders
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Respect for the Dignity of Persons
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– Promoting improvement in the quality of life for children, families, school community, protecting rights and welfare of children
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reevaluation
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is a comprehensive evaluation similar to an initial evaluation conducted for students who already have undergone evaluations and been found eligible for services (Letter to Tinsley, 16 IDELR 1076 (16 EHLR 1076) (OSEP 1990).
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Right
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A legal entitlement, something that is supposed to be done for the person with the right
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Scientifically-Based Research
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– involves the application of rigorous, systematic and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs (20 USC 7801(37) & 34 CFR 300.35)
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School, Removal
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Removal of a student with a disability from his/her current educational placement (e.g., suspension from school). Partial days of school removal (e.g., sending home for remainder of the day) count as a school removal
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Screening
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Includes basic tests administered to or procedures used for all children in a school, grade, or class. Definition Two: Short duration assessment to determine appropriate instructional strategies for curriculum implementation or to help determine if additional and more extensive assessment should be completed
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Search
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A governmental intrusion into an area in which a person has a reasonable expectation of privacy (Terry v. Ohio [1968] 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889)
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Search, Justified
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A search where there are reasonable grounds to suspect the search will turn up evidence of a student’s violation of the law or school rules (New Jersey v. TLO, 1985)
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Search, Mass or Random
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A mass search or random sweep refers to any search in which school officials seek to examine more than one student at a time and do not possess the requisite “reasonable individualized suspicion” or “reasonable generalized suspicion ”
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Search, Prohibited
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- Prohibited searches include strip searches, body cavity searches, or any search that involves removing or arranging the student's clothing permitting visual inspection of his/her underclothes, breast, buttocks, or genitalia (Education Code Section 49050). Unreasonable searches are also prohibited
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Search, Random
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A search without an individualized or generalized suspicion a student(s) is violating or has violated law or district rules; every student is subjected to the search on an equal basis
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Search, Reasonable
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A justified, minimally intrusive search based on reasonable suspicion. A search that does not invade the expectation of privacy society is prepared to recognize as reasonable (See Terry v. Ohio, 1968 and United States v. Hensley, 1985)
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Search, Scope of
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Scope of a search includes the method(s) used to search the student. The scope must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and gender of the student and the nature of the infraction (New Jersey v. TLO, 1985; In re Joseph G., 1995)
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Section 504
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mandates that each recipient of federal assistance shall not, on the basis of disability, deny a qualified disabled person an opportunity to participate in or benefit from the aid, benefit or service; afford a qualified disabled person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others, provide a qualified disabled person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; provide different or separate aid, benefits, or services to disabled persons than is provided to others unless such action is necessary to provide qualified disabled persons with aid, benefits, or services that are as effective as those provided to others (Title 28 Code of Federal Regulations 41 Subsection 41.51 [b])
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Seizure
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Seizure (of property) includes a meaningful interference with a person's possessory interests in that property. Seizure, within the meaning of Fourth Amendment, includes the willful detention or willful taking of both a person or thing (U. S. C. A. Const.Amend. 4)
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Self-Determination and Autonomy –
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Right of choice to enter, or to participate in services voluntarily based upon informed consent (emergency exception)
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Sexual Harassment
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is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the educational setting under any of the following conditions: (a) the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; (b) submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual; (c) submission to the conduct is explicitly or implicitly made a term or a condition of any individual's employment, academic status, or progress; and (d) submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution (Education Code Section 200-240; 212.5; 21
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Slander
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A method of defamation accomplished by speaking or by the spoken word
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Socially Maladjusted
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means a persistent pattern of conduct in which the basic rights of others and other age-appropriate societal norms are violated.
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Sole Legal Custody
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One parent shall have the right and responsibility to make decisions relating to the health, education, and welfare of a child (Civil Code 4600.5 [d][4])
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Sole Physical Custody
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A child resides with and under the supervision of one parent, subject to the power of the court to order visitation (Civil Code 4600.5 [d][2])
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Special Education
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means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including (i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (ii) Instruction in physical education. Special education (may) include each of the following (i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards; (ii) Travel training; and (iii) Vocational education (34 C.F.R. § 300.39) (Abbreviated definition, see statute for full text)
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Specially Designed Instruction means
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adapting the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student's disability and to ensure access of the student to the general curriculum, so that the student can meet the educational standards that apply to all students in the district. (34 CFR 300.39)
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Specific Educational Placement
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is defined as “. . . that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the Individualized Education Program, in any one or a combination of public, private, home and hospital, or residential settings” (Title 5 California Code of Regulations Section 3042) (emphasis added).
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Statutory law
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is law enacted by a legislative body such as Congress or the California legislature
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Student Record
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Any item of information directly related to an identifiable student, other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of his duties whether recorded by handwriting, print, tapes, film, microfiche or other means student record does not include informal notes compiled by a school officer or employee which remain in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, "substitute" means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position (Education Code Section 49061)
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Subpoena
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Legal notice, which means “under penalty you shall appear”
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Subpoena Duces Tecum
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Legal notice which means “under penalty you shall bring with you”
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Substantive law
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determines what a person's rights and duties are
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Surrogate
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- A person appointed to act for another
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Surveillance
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Close observation or listening of a person or place in the hope of gathering evidence (Black's Law Dictionary [Seventh Edition] [1999]. St. Paul, MN: West Group)
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Suspension from School
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Removal of a student from ongoing instruction for adjustment purposes (Education Code Section 48925 [d]). However, "suspension" does not mean one of the following (Education Code Section 48925): (1) Reassignment to another education program or class at the same school where the student will receive continuing instruction for the length of day prescribed by the board for students of the same grade level; (2) Referral to a certificated employee designated by the principal to advise students; and (3) Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the student to the principal or designee as provided in Education Code Section 48910. Removal from a particular class shall not occur more than once every five school days
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Suspicion, Generalized
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Suspicion all members of an accused group may have violated the law or district rules (Alexander B., 1990 and Smith v. McGlothlin, 1997)
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Suspicion, Individualized -
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Suspicion one specific student may have violated the law or district rules
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Suspicion, Reasonable
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Suspicion based on objective, articulable facts and on reasonable inferences from those facts, not on mere curiosity, rumor, or hunch (New Jersey v. T.L.O, [1985] and In re William G. [1985])
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Technically Adequate Assessment
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Testing and assessment materials and procedures are selected and administered so as not to be racially, culturally, or sexually discriminatory and must meet all the following requirements: (1) are provided and administered in the student's primary language or other mode of communication, unless the assessment plan indicates reasons why this provision and administration are not clearly feasible; (2) have been validated for the specific purpose for which they are used; (3) are administered by trained personnel in conformance with the instructions provided by the producer of the tests and other assessment materials, except that individually administered tests of intellectual or emotional functioning shall be administered by a credentialed school psychologist; (4) tests and other assessment materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; (5) tests are selected and administered to best ensure
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Temporary Restraining Order
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Emergency order of brief duration until the court can hear arguments or evidence
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Threat
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An alleged threat is a “true threat,” when, if a reasonable person made the statement (considering the entire factual context, including surrounding events and reaction of the listeners), that reasonable person should have foreseen that the statement would be interpreted by those whom the maker communicates the statement as a serious expression of intent to harm or assault (Lovell By and Through Lovell v. Poway Unified School Dist., [9th Circuit 1996] 111 Ed. Law Rep. 116, 96 Cal. Daily Op. Serv. 5296, [96 Daily Journal D.A.R. 8625], 90 F.3d 367, [C.A.9] [Cal.])
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Tort
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is a civil wrong not involving contracts; a wrong or injury for which a court will provide a remedy
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Tort law
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Concerns obligations we owe to each other without regard to whether promises have been made
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Unlawful Corporal Punishment or Injury
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occurs where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Unlawful corporal punishment does not include conduct authorized by law, such as a school employee using the amount of force reasonable and necessary to stop a disturbance threatening physical injury to persons or damage to property, self-defense, or to obtain possession of weapons or other dangerous objects from a student, exercise of the degree of physical control authorized in the Education Code Section, or an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer
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Unlawfully
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Without legal justification
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USCA
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United States Code, Annotated
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Verdict-
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Formal decision or finding made by a jury
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Voluntary Act
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Willed muscular contraction
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Waiver
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A knowing and voluntary relinquishment of rights.
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Ward
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A person incapable of managing his or her own affairs and for whom the court steps in to make decisions (Kids and the Law: An A-to-Z Guide for Parents. State Bar of California)
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