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CED614

CED614. Session III: Student Rights and Counselor Responsibilities: FERPA, IDEA, Negligence, 504, In loco parentis , confidentiality, records & record keeping By Harvey Hoyo , Ed.D. National University- Costa Mesa. Objectives. Negligence. Tort. A civil wrong done by one to another.

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CED614

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  1. CED614 Session III: Student Rights and Counselor Responsibilities: FERPA, IDEA, Negligence, 504, In loco parentis, confidentiality, records & record keeping By Harvey Hoyo, Ed.D. National University- Costa Mesa

  2. Objectives

  3. Negligence

  4. Tort A civil wrong done by one to another

  5. Malpractice

  6. Malpractice

  7. Standard of Care “The way you do your job”

  8. Standard of CareWho defines?

  9. In loco parentis (in place of parents) New Jersey v. T.L.O. (1985) No unreasonable searches Reasonable Test

  10. Parent’s Rights

  11. Parent Rights

  12. Parent Rights:IDEA

  13. Responsibilities to Parents Family Educational Rights and Privacy Act of 1973 (FERPA) • Governs educational records and protects student privacy • Access to records • Right to remedy erroneous information

  14. Student Rights Goss v. Lopez (1975)

  15. Student RightsTitle IX

  16. Quick Write #1 Let’s say you are in middle school counselor who sets up an end of year pizza party for all the migrant education students who improved their GPA by attending the assigned after school support classes. Little Johnny was pulled from school for a week because his grandpa passed in Texas- should he get to attend the party? Why or why not? What legal issues are involved?

  17. Quick Write Response

  18. Quick Write #2 You are a middle school counselor, Sally tells you in confidence that she feels unsafe at the school because of bullying. What do you do?

  19. Confidentiality Chart

  20. Counselor liability

  21. Counselor liability

  22. Quick Write #3 Go back to your answer from Quick Write #3, based on the information in the past three slide, how would your answer change?

  23. Student Rights:Section 504: Rehabilitation Act of 1973 No discrimination based on disabilities

  24. SECTION 504

  25. Quick Write #4 May a student whose disabilities have resulted in dangerous behavior be given long term suspension?

  26. May students whose disabilities have resulted in dangerous behavior be given long term suspension? Honigv.Doe

  27. What issues do counselors need to be aware of… ● Failing or refusing to communicate and actively coordinate with outside experts working with a child ● Taking a patronizing and/or antagonistic and/or insulting attitude toward parents ●Failing to observe procedural timelines and notice requirements ● Failing to modify an IEP/504 Plan that is not working ● Failing to implement an IEP/504 Plan, and worse trying to cover up that failure

  28. Doe v. Withers (20 IDELR 422, June 1993) Parents of a student with a learning disability said a teacher had refused to provide their son with oral testing Oral testing is required by his IEP. The student failed the test & the class: consequently did not earn HS credit for the course.

  29. Doe v. Withers (20 IDELR 422, June 1993) Jury favored parents Awarded $5,000 in compensatory damages and $10,000 in punitive damages to the parents (plus attorneys fees and court costs).

  30. Summary

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