Case Study
Patient Demographic: Client Age: 7 Grade:2nd Sex: Male Gender: Male Ethnicity: African American Counseling Setting: Community Mental Health, School-Based Services Type of Counseling: Individual and Collateral Presenting Problem: Impulsivity; Inattention; Hyperactivity Diagnosis: Attention-Deficit Hyperactivity Disorder (ADHD) 314.01 (F90.2)
Mental Status Exam: Mental Status: The client is dressed appropriately, and he is well groomed. His affect is bright when engaged in an activity of his choice, but he becomes irritable when asked to comply with a direct request (e.g., pick up the toys, walk in the hallway). He is energetic, eager to please, and interrupts your conversation with the mother, as evidenced by the client stating multiple times, “Watch this! Hey! Watch! Look what I can do!” The client has difficulty transitioning from your office and back to his classroom. He runs ahead of you in the hallway and does not respond to redirection. The client has not voiced suicidal or homicidal ideation. Developmenta
Presenting Problem: You are a clinical mental health counselor providing on-site school-based services in a public elementary school. Your client is a 7-year-old African American male enrolled in the 2ndgrade. The client is accompanied by his mother, who states that she is here because the school “requested an ADHD assessment.” The school reports that the client is disruptive, refuses to follow directions, disturbs others, and has difficulty staying on task. The mother describes the client as “energetic” and “strong-willed”—behaviors that she believes are “just typical for a boy.” She is upset that the school wants to conduct a formal evaluation to determine if the client qualifies for a more restrictive classroom setting. The school’s population is predominantly white, and the mother believes that her son is being treated unfairly because of his race.
Other Contexts: You meet with the client’s mother today to update the client’s treatment plan. Since the beginning of the school year, the client has been suspended for a combined total of 8 days. He has responded poorly to many of the behavioral classroom interventions. The mother has reluctantly granted the school permission to begin testing to determine if the client qualifies for an Individualized Education Program. You inform the mother of her parental rights pertaining to this process, particularly as they apply to protections against disability-related discrimination and the maximum number of disability-related suspensions. She is encouraged by the possibility of the client receiving additional supports that consider the client’s strengths and challenges.  Federal law requires that an evaluation for an Individualized Education Program be conducted in a nondiscriminatory fashion, and, if qualifications are met, students are entitled to a free and appropriate public education

Question: Federal law requires that an evaluation for an Individualized Education Program be conducted in a nondiscriminatory fashion, and, if qualifications are met, students are entitled to a free and appropriate public education. Which federal law grants this protection?
(A): The Family Educational Rights and Privacy Act of 1974 (FERPA)
(B): The United States Civil Rights Law
(C): The Special Education and Rehabilitative Services Act
(D): The Individuals with Disabilities Education Act

Correct Answer: The Individuals with Disabilities Education Act
Explanation: The Individuals with Disabilities Education Act ensures that students attending public schools are identified and assessed in a nondiscriminatory fashion. If students meet qualifications, they are entitled to a free and appropriate public education. This federal law also grants parents the right to due process, which would allow the mother the right to challenge the client’s placement or treatment. The US Department of Education Office for Civil Rights ensures equal access to public school education; it enforces federal laws prohibiting racial discrimination, including Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The Special Education and Rehabilitative Services Act ensures that individuals with disabilities are integrated into society and that parents, teachers, and students receive special education support. Lastly, FERPA, also known as the Buckley Amendment, protects the privacy of educational records by giving parents the right to access and, if necessary, amend their child’s academic records. Therefore, the correct answer is (B)
Competency: professional practice and ethics