SAC Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: A school receives a subpoena requesting a student's disciplinary records. Under FERPA, which action is most appropriate?
- Release the records immediately to comply with the subpoena
- Refuse to release records under any court order
- Notify the parent or eligible student before complying unless prohibited by the court (Correct answer)
- Transfer the request to the superintendent without further action
Correct answer: Notify the parent or eligible student before complying unless prohibited by the court
FERPA generally requires schools to make a reasonable effort to notify the parent or eligible student before complying with a subpoena, unless the court orders non-disclosure of the subpoena itself.
Question 2: Which of the following best describes the 'duty to warn' concept established in Tarasoff v. Regents of the University of California?
- Mental health professionals must warn clients about medication side effects
- Therapists have an obligation to protect identifiable third parties from serious threats made by clients (Correct answer)
- Schools must warn parents whenever a student receives a mental health referral
- Counselors must disclose all session content to school administrators
Correct answer: Therapists have an obligation to protect identifiable third parties from serious threats made by clients
The Tarasoff ruling established that mental health professionals have a legal duty to take steps to protect identifiable third parties when a client makes a credible, serious threat of harm.
Question 3: Under the Gun-Free Schools Act (GFSA), a student found in possession of a firearm on school grounds must be expelled for a minimum of:
- 30 days
- 60 days
- One calendar year (Correct answer)
- One academic semester
Correct answer: One calendar year
The GFSA requires a minimum one-year expulsion for students who bring a firearm to school, though chief school officers may modify this on a case-by-case basis.
Question 4: When a student transfers from another district, FERPA permits the receiving school to transfer education records without consent because:
- Transfer of records between public schools is not covered by FERPA
- The transfer falls under the school officials exception
- The sending school is required to notify parents but consent is not required for transfers to schools where the student seeks enrollment (Correct answer)
- Transfer records are excluded from FERPA's definition of education records
Correct answer: The sending school is required to notify parents but consent is not required for transfers to schools where the student seeks enrollment
FERPA allows schools to disclose records to schools where the student seeks or intends to enroll, provided parents are notified of the transfer right.
Question 5: A SAC learns from a mandatory drug-testing program that a student tested positive. Before disclosing this to parents, the counselor should first consider:
- Whether the student has a C average or better
- Applicable state law, district policy, and any applicable confidentiality protections (Correct answer)
- Whether the student has previously been referred for substance use services
- The number of days remaining in the school year
Correct answer: Applicable state law, district policy, and any applicable confidentiality protections
State law, district policy, and confidentiality statutes like 42 CFR Part 2 must be reviewed before any disclosure, as they determine what information may legally be shared with parents.
Question 6: Which ADA title most directly applies to public K-12 schools regarding accessibility and non-discrimination?
- Title I — Employment
- Title II — State and Local Government (Correct answer)
- Title III — Public Accommodations
- Title IV — Telecommunications
Correct answer: Title II — State and Local Government
ADA Title II prohibits discrimination by state and local government entities, which includes public schools, in all services, programs, and activities.
Question 7: A student with a history of suicide attempts returns to school after hospitalization. Legally, the school's primary obligation under IDEA and Section 504 is to:
- Require a medical clearance letter before readmission
- Update the student's IEP or 504 plan to address current mental health needs (Correct answer)
- Suspend the student pending a threat assessment
- Notify all classroom teachers of the student's hospitalization history
Correct answer: Update the student's IEP or 504 plan to address current mental health needs
Upon return, schools must review and update any existing IEP or 504 plan to ensure it reflects the student's current needs, including mental health support and safety planning.
SAC Regulatory Compliance & Legal Framework 3
A school receives a subpoena requesting a student's disciplinary records.
Under FERPA, which action is most appropriate?