Chapter 9
Indirect Services II: Special Topics in
Systems-Level Consultation
Jacob, Decker, & Hartshorne
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Systems-Level Consultation
Systems-level consultation refers to
cooperative problem solving between
the school psychologist (consultant)
and consultee(s) (e.g., principal,
district-level administrators) with the
goal of improving school policies,
practices, and/or programs so as to
better serve the mental health and
educational needs of all students.
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NASP’s Code of Ethics
“School psychologists use their
professional expertise to promote
changes in schools and community
service systems that will benefit
children and other clients. They
advocate for school policies and
practices that are in the best interests
of children and that respect and
protect the legal rights of students and
parents” (NASP-PPE IV.1.2).
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Student Proficiency Assessment
Programs
A heightened emphasis on school accountability gave impetus
to the development of statewide student performance
assessment programs.
• The No Child Left Behind Act of 2001 requires each state to
develop challenging academic content standards for
mathematics, reading or language arts, and science and
measurable achievement standards for those content areas.
• IDEA requires children with disabilities to participate in statewide student proficiency assessment programs. Students with
disabilities may take their state-wide assessment with or
without individualized testing accommodations, and/or with
modified proficiency standards, or they may take an
alternative assessment specifically designed to document
progress in relation to the student’s Individualized Education
Program (IEP) objectives.
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Student Proficiency Assessment
Programs
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School psychologists can play a positive role
in improving school test performance by:
assisting districts in evaluating the
consistency among their goals, curriculum,
and the test demands;
promoting quality evidence-based
instructional practices;
providing consultation to improve student testtaking skills; and
identifying appropriate test accommodations
for students with disabilities.
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Minimum Competency Testing
• Minimum competency testing is the
practice of requiring a student to
achieve a certain score on a
standardized test in order to be
promoted or to receive a high school
diploma (vs. certificate of attendance).
• Debra v. Turlington (1984) was a key
case.
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Minimum Competency Testing
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A state may require students to pass a
competency test to receive a diploma if:
There is adequate notice, namely a phase-in
period before the test is used to determine the
award of a diploma.
The test has adequate curricular validity, namely
the curriculum of the school matches what is
measured by the test.
There is documentation of adequate instructional
validity, that is, the students are taught what is
outlined in the curriculum.
Note that students with disabilities also may be
required to pass a competency test to receive a
high school diploma.
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School Entry and Grade Retention
• When a child is age-eligible to attend
public school, a school district must
offer him or her an education at district
expense.
• Grade retention appears to have no
lasting beneficial effect. The courts
have preferred not to interfere with
grade retention decisions.
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Instructional Grouping
• Assignment of students to self-contained
classes based on ability does not improve
the achievement of low-ability students.
• Within-class instructional grouping is
legally permissible.
• Disproportionate representation of
ethically and linguistically diverse
students in special education is a
complex problem and addressed in IDEA.
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School Discipline
• Schools have been given much discretion by
the courts to fulfill their duty to maintain
discipline.
• The reasonable use of corporal punishment is
not unconstitutional and is permitted in many
states.
• School principals may suspend students for
10 days or less as long as notice and the
opportunity to be heard are provided.
Expulsion requires more formal due process
and usually requires action by school board.
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Discipline of Students with
Disabilities
• Students with disabilities have greater
protections with regard to disciplinary
removals.
• The portions of IDEA that address
disciplinary removals are complex.
• A manifestation determination review is
conducted to determine whether a child’s
disciplinary infraction was caused by his
or her disability and/or the school’s
failure to implement the child’s IEP.
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Discipline of Students with Disabilities
• In general, when the misconduct is a manifestation of
a disability or the school’s failure to implement the
child’s IEP, the school is required to conduct a
functional behavioral assessment and implement or
revise the child’s IEP.
• In general, when misconduct is not a manifestation
of a disability or the school’s failure to implement the
child’s IEP, the school is required to conduct a
functional behavioral assessment and implement or
revise the child’s IEP, but the child may be placed in a
different setting (e.g., suspension). The child with a
disability under IDEA must continue to receive
special education. Schools may discontinue services
to a 504-only students as long as nondisabled
students receive the same treatment.
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School Violence Prevention
• NASP’s code of ethics encourages school
psychologists “to use their expertise in
psychology and education to promote school,
family, and community environments that are safe
and healthy for children” (IV.1).
• Researchers have identified a number of
modifiable school factors that may be protective
against student self-harm or violence towards
others. School-wide programs that emphasize
positive behavioral supports likely contribute to
enhanced school safety and student mental
health.
• All school districts should have a comprehensive
safe school plan that addresses violence
prevention, intervention, and response.
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School-Wide Efforts to Screen and Identify
Students “At Risk” for Targeted Violence
• Inappropriate labeling and
stigmatization?
• Invasion of pupil and family privacy
without consent?
• Misuse of results?
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HARASSMENT AND DISCRIMINATION
“In their words and actions, school
psychologists promote fairness and justice.
They use their expertise to cultivate school
climates that are safe and welcoming to all
persons regardless of actual or perceived
characteristics including race, ethnicity, color,
religion, ancestry, national origin, immigration
status, socioeconomic status, primary
language, gender, sexual orientation, gender
identity, gender expression, disability, or any
other distinguishing characteristics”(NASPPPE I.3).
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Fostering A School Climate Free from
Discrimination and Harassment
• NASP’s 2010 code creates a clearer
ethical obligation to help foster a
school climate that is free from
discrimination and harassment
• Recent years have witnessed an
increase in lawsuits resulting from
student-on-student harassment
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Key Cases
Davis v. Monroe Country Board of
Education (1999)
Davison v. Santa Barbara High School
(1998)
Nabozny v. Podlesny (1996) and its progeny
Also see Weber (2002) “Disability
Harassment in the Public Schools” law
review article.
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Improving the Climate of Schools
• Student-on-student harassment may be a
precursor to even more serious acts of
sexual assault or physical violence.
• Through advocacy and education of staff
and students, practitioners work to foster a
school climate that promotes not only
understanding and acceptance of, but also a
respect for and valuing of individual
differences.
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