SAC Regulatory Compliance & Legal Framework 3

Question 1

A school receives a subpoena requesting a student's disciplinary records. Under FERPA, which action is most appropriate?

Accepted Answer

Notify the parent or eligible student before complying unless prohibited by the court

Answer

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?

Accepted Answer

Therapists have an obligation to protect identifiable third parties from serious threats made by clients

Answer

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:

Accepted Answer

One calendar year

Answer

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:

Accepted Answer

The sending school is required to notify parents but consent is not required for transfers to schools where the student seeks enrollment

Answer

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:

Accepted Answer

Applicable state law, district policy, and any applicable confidentiality protections

Answer

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.

(SAC) Student Assistance Counselor Certification Practice Test

(SAC) Student Assistance Counselor Certification Practice Test

SAC Regulatory Compliance & Legal Framework 3