The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression
Informed Consent
School professionals may not make decisions about assessment/treatment and/or placement (e.g., special education) without the informed consent of a parent. Informed consent is a legal term that refers to a person's agreement to allow something to happen after the person has been informed of all the risks involved and the alternatives.
Awareness of informed consent and, by definition, considerations of the parent and student, have become important in screening, diagnosis, and placement practices in the schools. For special education, informed consent is the norm under Public Law 94-142. ref
Schools have legal obligations relating to the issue of competence when providing mental health services. Competence refers to an individual's ability to receive and process information, make decisions, and choose alternatives. ref
To give informed consent, a person must have: ref
- The ability to give consent
- Adequate information to do so knowledgably
- Not been coerced or threatened to give consent
Accepted criteria are based largely on age and mental status. Surrogates (parents or guardians) can provide the consent for children as well as adults who are diagnosed as mentally retarded, autistic, or psychotic.
Although not all legal experts agree on the situations that require a child's consent before undergoing psychological or educational interventions, it is generally accepted that the child's consent is not required in situations where the child is either extremely dangerous to others or unable to protect or care for himself or herself.
Basic information the child needs to understand the context of assessment, treatment, and/or placement include: ref
- Purpose of the procedures (why person is there, what the person will be doing)
- Risks and benefits of the procedures
- Alternatives to the procedures
- Assuring child that participation is not required
- Ensuring all questions are answered
Did you Know?
School professionals may not make decisions about assessment/treatment and/or placement (e.g., special education) without the informed consent of a parent.








