Legal & Ethical Considerations Flashcards

A diagnostician learns that a colleague routinely modifies standardized test administration procedures without documenting the modifications. The diagnostician should FIRST:

Answer: Discuss the concern directly with the colleague

Ethical codes generally require practitioners to address concerns with the involved colleague directly before escalating to supervisors or licensing bodies.

Under IDEA, an Independent Educational Evaluation (IEE) at public expense is triggered when:

Answer: A parent disagrees with the district's evaluation and requests one

Parents are entitled to an IEE at public expense when they disagree with the district's evaluation, unless the district initiates a due process hearing and the hearing officer finds the district's evaluation appropriate.

Which of the following BEST describes 'informed consent' in the context of special education evaluations?

Answer: Parent receives full description of proposed evaluation, understands it, and voluntarily agrees

Informed consent requires that parents receive a full description of the proposed action, demonstrate understanding, and provide voluntary written agreement.

ADA Title II extends protections for students with disabilities in public schools BEYOND IDEA primarily by:

Answer: Prohibiting disability-based discrimination and requiring reasonable modifications even without an IEP

ADA Title II prohibits discrimination on the basis of disability in all public entities and requires reasonable modifications, covering students who may not qualify under IDEA.

An educational diagnostician shares a student's evaluation report with a graduate intern without obtaining parental consent. This most likely violates:

Answer: FERPA's restrictions on disclosing education records

FERPA restricts disclosure of personally identifiable information in education records to school officials with a legitimate educational interest; an intern's access requires appropriate authorization.

When conducting an evaluation for a student who is an English Learner, IDEA requires that assessment materials:

Answer: Be provided in the language and form most likely to yield accurate information about the student's abilities

IDEA mandates that evaluation materials be administered in the language and form most likely to provide accurate data on what the student knows and can do, not on language proficiency.

A parent requests to inspect their child's educational records. Under FERPA, the school must provide access within:

Answer: 30 days of the request

FERPA requires schools to provide parents access to education records within 45 days of a written request.