Over the last 10 years, a number of articles and books have been published that discuss important facets of legal issues concerning the public schools. However, there have been few publications that have covered this area as well as this book by Fischer and Sorenson.
These authors have provided the reader with a volume that helps school support personnel to better understand and deal with today's complex legal environment. A number of important aspects of the legal code are covered: confidentiality, liability, the student's right to privacy, issues related to the testing and grouping of students, behavioral control, child abuse, and various other rights related to schooling. These latter topics cover such areas as dress code for counselors, who can be excused from saluting the flag, teaching creationism, and possible dismissal for heterosexual activity with students or with adults if the activity causes notoriety. In addition to discussing the essential features of the above mentioned concepts, the authors also elaborate on their discussion through analysis of important court cases.
In their discussion of malpractice in individual counseling, the authors offer an insightful analysis of the many factors that must be considered when the counseling relationship is established. Fischer and Sorenson add pertinent comments from landmark legal cases such as Bogust v. Ivenson and Tarosoff. In view of a recent lawsuit by a father against school personnel because of his son's suicide (New York Times, 1987), the importance of school psychologists understanding their responsibilities and the decisions that need to be made cannot be underestimated.
Other topics that are discussed include administration of drugs by nonmedical personnel within the school. The authors wisely comment that this is a dubious practice that is, unfortunately, widespread. Fischer and Sorenson are very much opposed to the use of medication to control hyperactive behavior. A 1980 case involving the Taft City, California schools is cited. The plantiffs alleged school personnel, including the school psychologist, pressured the parents to have their children take Ritalin to control "hyperactive" behavior. Medical examinations done on the children prior to drug use was superficial and there was no monitoring or followup of the children. The suit was settled in the parents' favor in the amount of $210,000.
In regard to release of information from school records, the authors state that such material can be given directly to a student if that is deemed necessary or advisable and that parents have a specific right to the information if their child is under 18. Moreover, married students under 18 years of age do not have complete control over their own educational records. The authors comment that the Family Educational Rights and Privacy Act does not deal with this particular issue.
A discussion of legal issues related to the testing and grouping of students will be of definite interest to school psychologists.