Ethics and Law for School Psychologists. Susan Jacob
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Note that the model described here may be applied in whole or in part, depending on the degree of complexity of the specific situation and the type of ethical issues involved. Also, when using a decision-making model, it is not necessary to follow the steps in sequence. For example, a practitioner might begin by consulting with a colleague to identify the specific legal, ethical, and policy guidelines pertinent to a situation (step 3) or may continue to circle back to important cultural and contextual factors identified in step 2 while working through the remaining steps of the model. Further, a school psychologist might stop at step 1 after discovering that what appeared to be an ethics violation by a colleague was simply a misunderstanding.
When faced with a difficult dilemma, the use of a decision-making model is now widely considered be “best practice.” As Cottone (2012) noted, “the profession has advanced to the degree that a psychologist who makes a crucial ethical decision without the use of a model would appear naive, uneducated, or potentially incompetent” (p. 117). NASP’s code of ethics requires practitioners to use a systematic procedure to resolve difficult situations (Standard IV.3.1). Additional research is needed, however, to assess the impact of various decision models on the quality of ethical choices made by psychologists (Boccio, 2020; Cottone, 2012).
Dailor and Jacob (2011) asked school psychology survey participants to identify the types of problem-solving strategies they used when handling difficult situations in the previous year. Less than one-quarter of respondents reported using a systematic decision-making model. Respondents who had received multilevel university training (coursework in ethics, discussion of ethical issues in multiple courses, and supervised discussion of ethical issues in practica and internships) were more likely to report use of a systematic decision-making model than those who had not received multilevel ethics preparation. However, two-thirds of survey participants did report consulting with colleagues when faced with a challenging situation. Gottlieb (2006) identified best practices in providing consultation to colleagues who are facing a difficult ethical situation.
UNETHICAL CONDUCT
As noted previously, one of the functions of professional associations is to develop and promote standards to enhance the quality of work by its members (Chalk et al., 1980). By encouraging appropriate professional conduct, associations such as the APA and the NASP strive to ensure that each person served will receive the highest quality of service. By so doing, the associations build and maintain public trust in psychology and psychologists. Failure to do so is likely to result in increased external regulation of the profession.
Appropriate professional conduct is defined through the development and frequent revision of codes of ethics and professional standards. However,
the presence of a set of ethical principles or rules of conduct is only part, albeit an important one, of the machinery needed to effect self-regulation. The impact of a profession’s ethical principles or rules on its members’ behavior may be negligible … without appropriate support activities to encourage proper professional conduct, or the means to detect and investigate possible violations, and to impose sanctions on violators. (Chalk et al., 1980, p. 2)
The APA and the NASP support a range of activities designed to educate and sensitize practitioners to the parameters of appropriate professional conduct. Both include ethics coursework as a required component in their standards for graduate preparation, and each organization disseminates information on professional conduct on their websites, through publications, and by supporting presentations and symposia. In addition, continued professional training in the area of ethics is required for renewal of the Nationally Certified School Psychologist (NCSP) credential, and many states require continuing education credits in ethics for renewal of licensure (see Rossen et al., 2019).
The APA and the NASP also each support a standing ethics committee. Ethics committees are made up of volunteer members of the professional association. Ethics committees respond to informal inquiries about ethical issues, investigate complaints about possible ethics code violations by association members, and attempt to educate and/or impose sanctions on violators.
Ethics Committees and Sanctions
The APA (2018) publishes an extensive set of