Professional Practice, Ethics, and Legal/Regulatory Issues
What the questions test
Legal and ethical foundations. IDEA guarantees FAPE in the least restrictive environment, child find, evaluation within timelines, IEP team decisions, procedural safeguards, and discipline protections (including the 10-day rule and manifestation determination). Section 504/ADA prohibits discrimination and provides accommodations for students with disabilities who need them to access learning. FERPA governs education records and parental access; HIPAA generally does not cover school records.
Ethics codes (NASP/APA) emphasize beneficence and nonmaleficence, integrity, fairness, respect for dignity, informed consent/assent, confidentiality and its limits (danger to self or others, abuse, court order), competence and scope of practice, multiple relationships, test security, and advocacy.
Traps
- Saying a student must receive the “best” program; the legal standard is appropriate, not optimal.
- Confusing 504 (accommodations, broader eligibility) with IDEA (specially designed instruction, 13 categories).
- Denying parents access to records or requiring a reason for the request.
- Conducting counseling or assessment without consent, absent narrow exceptions.
- Letting a dual relationship (coaching, family friendship) cloud objectivity.
- Forgetting that confidentiality can be breached when there is serious risk of harm.
Rule of thumb / worked example
If a 16-year-old discloses suicidal intent, confidentiality yields to safety: stay with the student, notify administration and parents/guardians per protocol, document, and connect to crisis services. In ambiguous cases, use an ethical decision-making model: identify the problem, consult codes and law, consider stakeholders, consult a colleague, act, and document.