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Slide #3: Federal and State Constitutional Laws

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Slide #3: Federal and State Constitutional Laws

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Federal Constitutional Law: Establishment Clause (First Amendment, U.S. Constitution)

Source of Law: U.S. Constitution

In-text citation: (U.S. Const. amend. I)
Key Points:

Prohibits government funding of religious institutions, which applies to religious private schools receiving voucher funds.

School voucher programs must not violate the separation of church and state.

State Constitutional Law: Texas Constitution, Article 7, Section 1

Source of Law: Texas Constitution

In-text citation: (Tex. Const. art. VII, § 1)
Key Points:

Requires Texas to provide free public education for all children.

School vouchers divert public money away from public schools, which contradicts this provision.

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Federal Level: U.S. Department of Education (ED)

Oversees federal education funding and school choice policies.

Provides guidance on the legal implications of school vouchers.

Holds states accountable for ensuring fair and equitable access to education.

🔗 U.S. Department of Education

State Level: Texas Education Agency (TEA)

Regulates Texas public schools and state voucher policies.

Ensures compliance with state education funding laws.

Provides data on voucher impact on public school funding and student performance.

🔗 Texas Education Agency

What I Learned:

Federal and state agencies differ in their approach to vouchers.

Texas has strong political support for school vouchers, despite concerns about public school underfunding.

Accountability measures for voucher programs remain weak, leading to potential misuse of funds.

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Professional Perspective:

As an educator and aspiring school counselor, my primary focus is on educational equity and student advocacy. School voucher programs raise serious ethical concerns about funding distribution, accessibility, and fairness in public education.

Audience:

This guide is designed for educators, school counselors, policymakers, and school administrators to help them understand the ethical and legal implications of school vouchers.

Topic:

The ethical and legal concerns of school voucher programs—how they affect public school funding, educational equity, and the separation of church and state.

Why This Topic?

Vouchers redirect public funds to private schools, potentially harming underfunded public schools.

Ethical concerns include unequal access, religious affiliations, and economic disparities.

School counselors advocate for equity, ensuring that all students receive fair educational opportunities.

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Slide #4: Statute and Administrative Law

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Slide #4: Statute and Administrative Law

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Statute: Every Student Succeeds Act (ESSA)

Source of Law: Federal Statute

In-text citation: (20 U.S.C. § 6301)
Key Points:

Ensures equitable funding for public education.

School vouchers contradict ESSA’s goal of strengthening public schools.

Administrative Law: Texas Administrative Code, Title 19, Part 2

Source of Law: Texas Administrative Code

In-text citation: (Tex. Admin. Code, Title 19, Part 2)
Key Points:

Governs education policies in Texas.

Provides oversight on voucher-funded private schools.

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Case Law: Zelman v. Simmons-Harris (2002)

Source of Law: U.S. Supreme Court Case

In-text citation: (Zelman v. Simmons-Harris, 536 U.S. 639, 2002)
Key Points:

Upheld school vouchers in Ohio, ruling they do not violate the Establishment Clause if parents have a genuine choice.

Raised concerns about public funds indirectly supporting religious schools.

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Regulation: Individuals with Disabilities Education Act (IDEA)

Source of Law: Federal Regulation

In-text citation: (20 U.S.C. § 1400)
Key Points:

Ensures students with disabilities receive appropriate public education.

Private schools receiving vouchers are not required to follow IDEA, disadvantaging special education students.

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Slide #7: Local Administrative Law/Policy

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Slide #7: Local Administrative Law/Policy

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Example: School Counseling Programs in Texas – Local school districts follow Texas Administrative Code §239.15, requiring certified school counselors in public schools (Texas Education Agency, 2021).

✔ School districts must ensure licensed counselors are available in schools.
✔ Local policies must support mental health programs for students.

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-Proactive Mental Health Screening: Schools should screen students for mental health concerns and provide early interventions (Snyder & Dillow, 2016).
-Professional Development: Schools must train counselors to implement ESSA guidelines effectively (Darling-Hammond et al., 2016).
-Data-Driven Counseling Services: Schools must collect and analyze student performance data to provide targeted interventions (Rebell, 2018).

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Ethical Code: American School Counselor Association (ASCA) Ethical Standards for School Counselors (2016).

Citation: ASCA (2016). Ethical guidelines for school counselors.

✔ Counselors must maintain student confidentiality while complying with ESSA.
✔ Counselors must provide equal support to all students, regardless of race, disability, or economic background (Rebell, 2018).

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Slide #10: Personal Connection to Legal and Ethical Standards

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Slide #10: Personal Connection to Legal and Ethical Standards

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Understanding ESSA's legal and ethical requirements has deepened my knowledge of educational policy compliance. I have witnessed the challenges of meeting federal mandates while ensuring quality education for diverse students. This knowledge will guide my future leadership in creating equitable learning environments.

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Slide #11: Recommendations / Best Practices for Compliance

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Slide #11: Recommendations / Best Practices for Compliance

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- Align state education policies with ESSA mandates.
- Strengthen teacher training on federal and state regulations.
- Utilize data to support underperforming schools.
- Reduce over-reliance on standardized testing.
- Ensure transparency in reporting school performance.
- Promote equitable access to educational resources.