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In this chapter, the reader will learn that in the United States, state governments, rather than the federal government, have assumed the duty to educate children and the power to do so. This authority to educate children and ensure student safety is further delegated by state governments to school boards. When principals, teachers, and school psychologists employed by a school board make decisions in their official roles, such acts are seen as an extension of the authority of state government; in legal parlance, school-based practitioners are considered to be state actors (Russo, 2018; Wells, 2004).

In our discussions with school psychologists, we have found that the subtle but important differences between school-based practice and private practice (or employment in other nonschool settings) often are misunderstood. Under the U.S. Constitution and federal and state statutory law, students and their parents have many legal rights in our public schools. School-based practitioners, as state actors, must know and respect those legal rights. Furthermore, as employees of a school board, school-based practitioners have a legal obligation to protect all students from reasonably foreseeable risk of harm. This duty extends to all students, not just clients (Russo, 2018).