Laurie Klose, PhD, LSSP Brook Roberts, MA, LSSP Jeremy Sullivan,
PhD, LSSP TASP Summer Institute 2013 Corpus Christi, Texas Ethical
Issues in School Psychology: Current topics from the state and
national level Slide 2 Learning Objectives Understand the nature of
ethical issues that have been raised in inquiries or cases recently
submitted to the NASP Ethical and Professional Practices Committee,
university faculty and school based supervisors Apply accepted and
evolving standards and principles to these issues; and Develop
strategies for responding to these issues in an ethically
appropriate manner. Slide 3 Format for todays session Investigate
recent national and state issues or individual local issues through
group presentations Whole group discussion of relevant ethical
issues related to cases and implications for practice Slide 4
Disclaimers The information in this workshop does not constitute
legal advice. Opinions are the presenters professional opinions and
should not be regarded as statements of NASP/TASP positions or as
positions of the EPP Committee. Slide 5 Ethics codes are imperfect
guides for professional conduct. Comprise broad, abstract
principles as well as specific mandates Competing ethical
principles or conflicts between ethical principles and laws or
regulations Conflicting interests of multiple parties (e.g.,
student, parents, classmates) Dual roles of employee and pupil
advocate May not address new and emerging ethical issues in a
timely manner Slide 6 Ethical Guidance NASP Principles for
Professional Ethics 2010 revision Modeled on Canadian Psychological
Association 4 broad themes, 17 principles, many standards
Respecting the Dignity and Rights of All Persons Professional
Competence and Responsibility Honesty and Integrity in Professional
Relationships Responsibility to Schools, Families, Communities, the
Profession, and Society Slide 7 Context To fully understand and
appreciate ethics, one must grasp the notion of context. The work
of the LSSP is embedded in systems. Systems operate according to
established principles. Slide 8 Problem Solving Approach Determine
whether or not the matter truly involves ethics. Consult existing
guidelines that might apply as a possible mechanism for resolution.
Pause to consider, as best as possible, all factors that might
influence the decision you will make. Consult with a trusted
colleague. Evaluate the rights, responsibilities, and vulnerability
of all affected parties. Generate alternative decisions. Enumerate
the consequences of making each decision. Make the decision.
Adapted from Koocher & Keith-Spiegel (1998) Slide 9 Parameters
Ethical Codes- NASP Principles for Professional Ethics (2010), APA
Code of Ethics (2010) Legal Requirements- FERPA, IDEA, NCLB, TSBEP
Rules, TEC etc. District Policies Slide 10 Ethical and Legal
Decision-Making Model (Williams et al, 2008) 1. Describe the
problem situation 2. Define the potential ethical-legal issues
involved 3. Consult available ethical-legal guidelines 4. Consult
with supervisors and colleagues 5. Evaluate the rights,
responsibilities, and welfare of all affected parties 6. Consider
alternative solutions and consequences of making each decision 7.
Make the decision and take responsibility for it Adapted from
Koocher and Keith-Spiegel (1998) Slide 11 1. Describe the problem
situation Focus on available information and attempt to gather and
objectively state the issues or controversies. Breaking down the
complex, sometimes emotionally-charged situations into clear,
behavioral statements is helpful. Slide 12 2. Define the potential
ethical-legal issues involved Enumerate the ethical and legal
issues in question. Again, state these as clearly and accurately as
possible, without bias or exaggeration. Slide 13 3. Consult
available ethical-legal guidelines Research the issues in question
using reference sources, such as NASPs Principles for Professional
Ethics (2010), IDEA 2004, state guidelines governing special
education, textbooks on ethics and legal issues in school
psychology (Jacob, Decker, and Hartshornes Ethics and Law for
School Psychologists [6th ed., 2011], Thomas and Grimes Best
Practices in School Psychology, job descriptions, school board
policies, TSBEP Rules, APA Code of Ethics, and other appropriate
sources. Slide 14 4. Consult with supervisors and colleagues Talk
with your supervisor and trusted colleagues who are familiar with
the legal and ethical guidelines that apply to school psychology.
On a need-to-know basis, share information specifically about the
issues you have identified. Brainstorm possible alternatives and
consequences, and seek input from those whose opinions you value.
Slide 15 5. Evaluate the rights, responsibilities, and welfare of
all affected parties Look at the big picture rather than focusing
on the isolated details of the controversy. Consider the
implications for students, families, teachers, administrators,
other school personnel, and yourself. How will the various
alternative courses of action affect each party involved? Remember
two basic assumptions underlying NASPs Principles for Professional
Ethics: 1. school psychologists act as advocates for their student-
clients, and 2. at the very least, school psychologists will do no
harm. Slide 16 6. Consider alternative solutions and consequences
of making each decision Carefully evaluate in a step-by-step manner
how each alternative solution will impact the involved parties. Who
and how will they be affected? What are the positive and negative
outcomes of each alternative? Weigh the pros and cons. Step back
and carefully consider the information you have gathered. Slide 17
7. Make the decision and take responsibility for it Once all the
steps are completed, make a decision that is consistent with
ethical and legal guidelines and one that you feel confident is the
best choice. Take responsibility for following through on that
decision, attend to the details, and attempt to bring closure to
the scenario. Slide 18 Demonstration Case #1 Choose one of the
cases in this presentation and do a role play of the situation;
Assign groups and have groups create a role play, song, rap, cheer,
newscast, whatever, that illustrates and ethical dilemma and a
possible resolution. Slide 19 National Case #1 Dillons parents have
asked about filing a complaint about a school psychologist who met
with him for counseling. The school psychologist had been seeing
this high school student for a few weeks and in a recent session,
Dillon disclosed that he had audio recorded a teacher with his cell
phone. His purpose was to illustrate how the teacher treated him.
The parents reported that the school psychologist confiscated the
phone and turned it over to an administrator and disclosed the
surreptitious recording to the administrator as well. Disciplinary
procedures for violating school rules are pending against Dillon.
When the parents complained, the school psychologist explained to
the parents that the district has a rule about cell phones in
school so he had to confiscate it. And he had to report the audio
recording to the administration because that conduct was illegal.
The parents believe there was a violation of a verbal
confidentiality agreement made with their son (approximately
everything you say is confidential unless you talk about hurting
yourself or others). And they want their phone back. Slide 20
Standard I.2.2. School psychologists minimize intrusions on
privacy. They do not seek or store private information about
clients that is not needed in the provision of services. School
psychologists recognize that client school psychologist
communications are privileged in most jurisdictions and do not
disclose information that would put the student or family at legal,
social, or other risk if shared with third parties, except as
permitted by the mental health provider client privilege laws in
their state. Slide 21 Standard I.2.3. School psychologists inform
students and other clients of the boundaries of confidentiality at
the outset of establishing a professional relationship. They seek a
shared understanding with clients regarding the types of
information that will and will not be shared with third
parties.School psychologists recognize that it may be necessary to
discuss confidentiality at multiple points in a professional
relationship to ensure client understanding and agreement regarding
how sensitive disclosures will be handled. Slide 22 Standard I.2.4.
School psychologists respect the confidentiality of information
obtained during their professional work. Information is not
revealed to third parties without the agreement of a minor childs
parent or legal guardian (or an adult student), except in those
situations in which failure to release information would result in
danger to the student or others, or where otherwise required by
law. Whenever feasible, student assent is obtained prior to
disclosure of his or her confidences to third parties, including
disclosures to the students parents. Slide 23 Standard I.2.5.
School psychologists discuss and/or release confidential
information only for professional purposes and only with persons
who have a legitimate need to know. They do so within the strict
boundaries of relevant privacy statutes. Slide 24 National Case #2
A member contends: I believe that the new ethics code is more
prescriptive than the previous code. It seems that the 90 specific
standards include more best practices than I recall in the previous
code. For example, Standard II.2.2 states School psychologists
actively monitor the impact of their recommendations and
intervention plans. They revise a recommendation, or modify or
terminate an intervention plan, when data indicate the desired
outcomes are not being attained. Could I be brought up on ethics
charges if we dont collect progress monitoring data on
interventions? Im concerned that what used to be recommended best
practices have become enforceable standards and practitioners will
need to be much more cautious from now on. Slide 25 Standard
II.3.2. School psychologists use assessment techniques and
practices that the profession considers to be responsible,
research-based practice. Standard II.2.2 School psychologists
actively monitor the impact of their recommendations and
intervention plans. They revise a recommendation, or modify or
terminate an intervention plan, when data indicate the desired
outcomes are not being attained. School psychologists seek the
assistance of others in supervisory, consultative, or referral
roles when progress monitoring indicates that their recommendations
and interventions are not effective in assisting a client. Slide 26
Standard II.2.3 School psychologists accept responsibility for the
appropriateness of their professional practices, decisions, and
recommendations. They correct misunderstandings resulting from
their recommendations, advice, or information and take affirmative
steps to offset any harmful consequences of ineffective or
inappropriate recommendations. Slide 27 National Case #3 A
practitioner publicly mentioned on a listserv that she had mailed a
behavior rating scale to a parent for completion. Subsequently the
practitioner received a complaint of unethical conduct from a
colleague who asserted that this practice violated test security
(Standard II.5.1) and respecting intellectual property rights
(Standard II.5.3). The member asked for an EPPC opinion. Slide 28
Standard II.5.1. School psychologists maintain test security,
preventing the release of underlying principles and specific
content that would undermine or invalidate the use of the
instrument. Unless otherwise required by law or district policy,
school psychologists provide parents with the opportunity to
inspect and review their childs test answers rather than providing
them with copies of the their childs test protocols. However, on
parent request, it is permissible to provide copies of a childs
test protocols to a professional who is qualified to interpret
them. Slide 29 Standard II.5. School psychologists recognize the
effort and expense involved in the development and publication of
psycho- logical and educational tests, intervention materials, and
scholarly works. They respect the intellectual property rights and
copyright interests of the producers of such materials, whether the
materials are published in print or digital formats. They do not
duplicate copyright-protected test manuals, testing materials, or
unused test protocols without the permission of the producer.
However, school psychologists understand that, at times, parents
rights to examine their childs test answers may supersede the
interests of test publishers. Slide 30 National Case #4 A member
wrote: I have been working closely with a parent who is Asian-
American as the case manager for her sons special education
placement. There have been problems with the teachers not following
the students IEP as it was developed. It has been a challenging
experience trying to be the mediator. Finally, after many meetings
and headaches, the situation has been resolved. Yesterday, the
mother gave me a thank you card and a gift of a silk scarf from her
native country, Thailand. I think this gift may pose a dilemma for
me because of dual relationships and conflicts of interest. I know
that a school psychologist could potentially act in an unethical
manner if she allowed conflicts of interest to get in the way of
her judgment. If I accept the gift, the mother could potentially
expect favors of me. Also, my judgment in handling future
situations with the parent could be clouded because I have
developed a relationship with her beyond simply being the case
manager for her son. My abilities in making sound and fair
decisions regarding the childs educational program could affect
other staff members too. If I return the gift, the parent could be
offended. Do you have any advice? Slide 31 Principle III.4.
Multiple Relationships and Conflicts of Interest: School
psychologists avoid multiple relationships and conflicts of
interest that diminish their professional effectiveness. Specific
standards address: Private conduct compromising professional
effectiveness Personal/religious beliefs conflicting w/service
delivery Exploiting clients, supervisees, and graduate students
Business relationships with clients Financial conflict of interest
by NASP leaders Financial conflict of interest by
authors/presenters Paying or receiving payment for referrals
Payment for data for client database Dual setting practice issues
Slide 32 Standard II.1.2 Practitioners are obligated to pursue
knowledge and understanding of the diverse cultural, linguistic,
and experiential backgrounds of students, families, and other
clients. When knowledge and understanding of diversity
characteristics are essential to ensure competent assessment,
intervention, or consultation, school psychologists have or obtain
the training or supervision necessary to provide effective
services, or they make appropriate referrals. Slide 33 Standard
III.2.4 School psychologists who provide services to several
different groups (e.g., families, teachers, classrooms) may
encounter situations in which loyalties are conflicted. As much as
possible, school psychologists make known their priorities and
commitments in advance to all parties to prevent misunderstandings.
Slide 34 State Issue #1 I have been licensed to practice in the
schools for 8 years, and I am now pursuing additional licensure as
a psychologist. My boss has been kind enough to pay for my
supervision fees to a super supervisor. However, during my recent
review of the regulations about how to become licensed, I
discovered this new rule that I find to be objectionably
restrictive and discriminatory to practicing Licensed Specialists
in School Psychology, as they insist we be called in this state.
Slide 35 Discussed by TSBEP in meetings several times and has been
addressed in several opinion letters written by the board. A
doctoral level professional who is accruing post doctoral
supervised hours of practice in fulfillment of the requirements of
becoming a Licensed Psychologist may not do so while practicing as
an LSSP. This person can continue to provide psychological services
in the schools, but must clearly identify themselves as a post
doctoral provider under supervision. For example, you should sign
reports as Post Doctoral Fellow in School Psychology under the
supervision of _________, Licensed Psychologist. Slide 36 Ideally,
the person providing the supervision should be dual licensed as an
LP (the appropriate license for providing the post doctoral
supervision) and an LSSP (the appropriate license for providing
psychological services in the schools). Slide 37 TSBEP has also
stated that an LSSP might continue to work under that license in
the schools and provide un- supervised services and also provide
services as a post-doc under supervision. For example, you might
participate in ARD meetings and sign paperwork as an LSSP- those
hours spent doing that would not count toward the 1200 required
supervised hours toward LP licensure requirements. Then, the
professional might provide assessment or counseling services as a
"post- doctoral fellow under supervision of _____" for another
student or as part of their job. These hours would then be
documented and count toward the 1200 hour post doc supervised
practice requirement. Slide 38 The key is to be clear in
identifying the license under which the service is being provided.
This could be accomplished by noting this on the consent form for
the specific activity being conducted. While this may seem
laborious, it is the only situation that has been defined to allow
those LSSPs who are seeking future LP license to be able to
continue to work while accumulating those post doc hours that are
required. Slide 39 Standard III.1.1. Competency levels, education,
training, experience, and certification and licensing credentials
are accurately represented to clients, recipients of services, and
others. School psychologists correct any misperceptions of their
qualifications. School psychologists do not represent themselves as
specialists in a particular domain without verifiable training and
supervised experience in the specialty. Slide 40 State Issue # 2 I
am a new LSSP and have recently received the NCSP credential. I
have attempted to find more specifics about TSBEPs decision, but it
has not answered my question. In my understanding, we can list NCSP
after LSSP on our documents. Does this also allow the use of school
psychologist as a professional title or must I continue to use
LSSP? Slide 41 You may include the NCSP (letters or words) on your
signature block, business cards, etc. However, you should not refer
to yourself in documents (ARD deliberations, position descriptions,
etc) as a school psychologist, always LSSP. Slide 42 465.38. (2)
Titles. The correct title for persons holding this license is
Licensed Specialist in School Psychology or LSSP. Only individuals
who meet the requirements of Board rule 465.6 of this title
(relating to Listings, Public Statements and Advertisements,
Solicitations, and Specialty Titles) may refer to themselves as
School Psychologists. No individual may use the title Licensed
School Psychologist. An LSSP who has achieved certification as a
Nationally Certified School Psychologist (NCSP) may use this
credential along with the LSSP Slide 43 State Issue # 3 My name is
Charlie Watts and I am a LSSP Trainee for Fine ISD. I was hoping to
find some clarification about a question myself and many other
LSSPs in the area have. Once a LSSP Trainee passes jurisprudence
and receives their license, is that individual referred to as a
LSSP Trainee and required to have supervision for one academic
year? I have heard a few different interpretations of the
requirements. For example I completed my internship last year,
passed jurisprudence this summer (July 2012), and received a
license in August. Am I still required to be a LSSP Trainee with
supervision for this academic year (August 2012-May 2013) even
while possessing my own license? Slide 44 You may call yourself an
LSSP as soon as you get your official license, however, you must be
supervised for a year after licensure. So here is a sample typical
progression: 2012-13 school year- intern May 13, graduation and
application submitted- June 13- LSSP Trainee letter received July
13- jurisprudence passed August 13 LSSP license received 2013-14
school year: LSSP under supervision of __________, LSSP Slide 45
465.38 (4) (ii) Individuals who meet the training requirements of
Board rule 463.9 of this title and who have passed the National
School Psychology Examination at the Texas cutoff score or above
and who have been notified in writing of this status by the Board.
These individuals may practice under supervision in a Texas public
school district for no more than one calendar year. They must be
designated as trainees. (iii) LSSPs for a period of one academic
year following licensure unless the individual also holds licensure
as a psychologist in Texas. This supervision may be waived for
individuals who legally provided full-time, unsupervised school
psychological services in another state for a minimum of three
academic years immediately preceding application for licensure in
Texas as documented by the public schools where services were
provided and who graduated from a training program approved by NASP
or accredited in school psychology by APA or who hold NCSP
certification. Slide 46 State Issue #4 There has been some talk
about putting the LSSPs back under the auspices of the Texas
Education Agency and removing them from TSBEP. Do you have any
thoughts about that? Slide 47 With the implementation of the
Affordable Health Care Act (AHCA), there are reimbursement issues
for psych services in the schools that may come into play. The LSSP
licensure is deemed the highest level of licensure for practice of
school psychology therefore those practitioners that hold the LSSP
may be eligible for reimbursement for services via the AHCA. Some
states have already contacted the TASP legislative committee to
discuss how they could implement a LSSP licensure in their states
as well. If the LSSP licensure requirements were removed from the
TSBEP, the licensed psychologist would become the defacto highest
credential. Slide 48 Local Issues???? Slide 49 References American
Psychological Association. (2010). Ethical principles of
psychologists and code of conduct with the 2010 amendments.
Retrieved July 2, 2010, from http://www.apa.org. http://www.apa.org
Americans with Disabilities Act Amendments of 2008. The Americans
with Disabilities Act of 1990 is codified at U.S.C. 12101 et seq.
Armistead, L., Williams, B.B., & Jacob, S. (2011). Professional
ethics for school psychologists: A problem-solving model casebook
(2nd ed). Bethesda, MD: National Association of School
Psychologists, Bethesda, MD. Burns, M.K., Jacob, S., & Wagner,
A. (2008). Ethical and legal issues associated with using
responsiveness-to-intervention to assess learning disabilities.
Journal of School Psychology.46, 263-279. Committee on
Psychological Tests and Assessment, American Psychological
Association (2010). Recent developments affecting the disclosure of
test data and materials: Comments regarding the 1996 Statement on
the disclosure of test data. Retrieved from
http://www.apa.org/science/programs/testing/test-disclosure-statement.pdfhttp://www.apa.org/science/programs/testing/test-disclosure-statement.pdf
Family Educational Rights and Privacy Act of 1974, 20 U.S.C.A.
1232g. Regulations appear at 34 C.F.R. Part 99. Electronic e-CFR
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Psychological Association. Jacob, S. & Powers, K.E. (2009).
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Gottlieb, M.C., Handelsman, M.M., & VandeCreek, L.D. (Eds.).
(2012). APA handbook of ethics in psychology. Washington, DC:
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& Keith-Spiegel, P. (2008). Ethics in psychology and the mental
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http://www.nasponline.org.http://www.nasponline.org U.S. Department
of Health and Human Services & U.S. Department of Education.
(November 2008). Joint guidance on the application of the Family
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