The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression

Module 7: Legal and Ethical Issues - Page 9 of 12

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

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

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.