Us Law - School Psychology Praxis

Front 1

Give the 3 basic sources of public school law.

Back 1

US Constitution, statues and regulations, case law

Front 2

What part of the US Constitution gives the states the duty to educate?

Back 2

The 10th Amendment

Front 3

What is the importance of the 10th Amendment for School Psychologists?

Back 3

Under the 10th Amendment, state governments have assumed the duty to educate. All children within a state have a legitimate claim to a public education.

Front 4

What was the purpose of the 14th Amendment?

Back 4

To prevent state governments from trespassing on the rights of individual citizens.

Front 5

What 2 clauses in the 14th Amendment are important for School Psychologists?

Back 5

1. Equal Protection Clause: no state shall deny any person within its jurisdiction the equal protection of the law (must provide public education to all)
2. Due Process: School rules restricting students rights must be reasonably related to the purpose of schooling and schools may not suspend/expel children from schooling without fair, impartial due process procedures

Front 6

Brown versus Topeka Board of Education

Back 6

Educating minority children in separate but equal facilities denies them equal educational opportunity. Therefore, each state must provide equal educational opportunity to all children in its jurisdiction (enforces 14th Amendment)

Front 7

Pennsylvania Association for Retarded Children (PARC) versus Commonwealth of Pennsylvania

Back 7

Exclusion of children with handicaps from public school is a denial of equal protection (enforces 14th Amendment)

Front 8

Mills versus Board of Education/District of Columbia

Back 8

Exclusion of children with handicaps from public school is a denial of equal protection (enforces 14th Amendment)

Front 9

Goss versus Lopez

Back 9

Education is a property right protected by the 14th Amendment and the process for expulsion does not have to be elaborate but must include notice and the opportunity to be heard

Front 10

Wisconsin versus Constantineau

Back 10

Schools may not label a child as "mentally retarded" or "emotionally distrubed" without due process

Front 11

What is the Elementary and Secondary Education Act (ESEA) of 1965 and what was it's main target?

Back 11

First major Federal initiative to aid education; target funds for economically disadvantaged schoolchildren

Front 12

What is the purpose of the No Child Left Behind Act of 2001?

Back 12

To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind; specifically for schools with high concentrations of children from disadvantaged homes

Front 13

The Individuals with Disabilities Improvement Act (IDEA) 2004 provides what?

Back 13

Funds to states that provides a free and appropriate education to all children with disabilities defined by the law

Front 14

The Individuals with Disabilities Improvement Act (IDEA) 2004 stipulates what?

Back 14

Children must be assessed on the basis of non-discriminatory testing and evaluation procedures and provided with an individualized education program in the least restrictive environment appropriate for the child.

Front 15

The Family Educational Rights and Privacy Act (FERPA) of 1974 states what?

Back 15

No Federal funds will be made available to schools unless they adhere to the pupil record-keeping procedures outlined in the law.

Front 16

What rights does the The Family Educational Rights and Privacy Act (FERPA) of 1974 gives parents and families?

Back 16

1. Access to all school education records of their children
2. The right to challenge the accuracy of those records
3. The right to a hearing regarding their accuracy
4. Pupil records are only available to those in the school with a legitimate educational interest in the student
5. The parent consent must be obtained before records are released

Front 17

The Rehabilitation Act of 1973 has what section that has importance for School Psychologists?

Back 17

Section 504 - prohibiting discrimination against any otherwise qualified individual solely on the basis of a handicapping condition in any program or activity receiving federal funds.

Front 18

What does zero exclusion mean and what piece of legisltation is it attached to?

Back 18

The principle in IDEA that requires public schools to provide special education to related services to meet the needs of individual children

Front 19

Riles versus Larry P.

Back 19

The court found that the IQ tests were indeed culturally-biased against African-American children and banned California schools systems from using them when evaluating African-American children for special education.
OVER-RULED : Marshall v. Georgia

Front 20

Tarasoff versus Reagents of California

Back 20

Duty to warn - Public policy favouring protection of the confidential character of patient-therapist relationships must yield in instances in which disclosure is essential to avert danger to others

Front 21

Lau versus Nichols

Back 21

School must provide assistance or take affirmative steps to ensure that students with limited English proficiency have access to meaningful education

Front 22

Oberti versus Clementon

Back 22

Education in the least restrictive environment - schools “must consider the whole range of supplemental aids and services” before segregating a student with a disability from the regular-education classroom, and that they must “make efforts to modify the regular education program” to make the curriculum accessible

Front 23

Irving versus Tatro

Back 23

Schools must provide related services (done by a lawyperson with minimal training) under the special education laws when these services are needed for the child to get a free, appropriate public education

Front 24

Hendrick Hudson (Board of Education) versus Rowley

Back 24

Ruled that IDEA does not require states to develop IEPs that "maximize the potential of handicapped children