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Professional Perspective - Discrimination of Minority Populations

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Professional Perspective - Discrimination of Minority Populations

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As the U.S. population becomes increasingly more diverse, school counselors' code of ethics needs to take into account the diverse cultural backgrounds that are evolving. In order to serve our students properly, school counselors need to be aware of their own cultural biases and values in order to avoid forcing their own beliefs onto their students. In addition, school counselors should have a strong understanding of social and economic inequalities, such as gender, culture, and racial biases that may have an impact on their students (OLLU, 2021). I choose this topic due to the recent Texas legislation that is challenging equality within our school system.

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Opinion No. KP-0401 (2022), which declares sterilization medical procedures for transgender students as “child abuse”. Medical members are required to report such procedures to the Texas Department of Family and Protective Services. Failure to report the “child abuse” sterilization of LGBTQ+ may be punished with up to a year in jail, a fine of up to $4000, or both. Texas Department of Family and Protective Services (DFPS) is the governing body (McMenamin, 2021). Schools and teachers would be held accountable for Opinion No. KP-0401. University Interscholastic League also monitors the participation of transgender students in sports.

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The Equality Act (2021), protects LGBTQ+ by prohibiting discrimination in public accommodations including education and healthcare. If there are federal laws protecting healthcare accommodations for transgender students, educators should allow that healthcare to take place in Texas without reporting it. The Texas Administration Code § 33.0834 was created after the passing of Texas House Bill 25 (87 Tex. Admin. Code. § 33.0834, 2022). Currently, there is no federal law regarding transgender athletes.

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In the Texas Constitution Bill of Rights, Section 3a (1972) explains equality under the law as “equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin”. The law should protect the celebration of the diversity of all students; however, Texas laws fight against the celebration of the diversity of the LGBTQ+ community. In the U.S. Constitution, Amendment 14 (1868) is the equal protection law where no person should be denied the right to life, liberty, or prosperity (U.S. Const. art. I, § 1). Students of all races, gender identities, and gender sexual orientations should be protected.

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Boy Scouts of America v. Dale (1996) is a court case covering LGBTQ+ rights. The Boy Scouts of America removed James Dale, a Eagle Scout and assistant scoutmaster, once it was  discovered that Dale was a homosexual and a gay rights activist. The court ruling allows for organizations to have the constitutional right to bar homosexuals (Oyez, 2022). The law could lead to discrimination in school organizations, clubs, and teams if allowed by the school district.

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Opinion No. KP-0401 (2022), which declares sterilization medical procedures constituting as “child abuse”. Medical members are required to report such procedures to the Texas Department of Family and Protective Services. In a study by UCLA (2020), the number of LGBTQ+ students from the age of 13 to 17 in Texas was 195,000 with 13,800 of those identifying as transgender. As a school counselor, students may divulge information that is considered confidential by the federal government but not by the state (UCLA, 2020). If students come forward that they are receiving sterilization medical procedures, Texas requires me to report them to the Department of Family and Protective Services.

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Travis County upholds a non-discrimination policy in the education service department that “prohibits discrimination and harassment based on sex/gender, race, age, military status, religion, color, national origin, disability, sexual orientation, genetic information, or membership in any protected status in accordance with federal, state, or local law” (Travis County, n.d.).

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According to the American School Counseling Association, the school counselor has a responsibility to LGBTQ+ youth to:
1.  accepting all students' sexual orientation, gender identity or gender expression,
2. recognize harmful therapies that subject LGBTQ+ to change and advocate for them, and
3. affirm and promote academic achievement, social and emotional development of LGBTQ+ (ASCA, 2022).

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Texas Education Code requires school counselors to work with all students in implementing a comprehensive school counseling program (CSCP). The CSCP should include a guidance curriculum, responsive services, individual planning, and system support to help all their students reach their full potential (Texas Education Code, 2019). As a school counseling, the same services should be offered to all students, regardless of sexual orientation, expression, or preference.

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Texas Education Code Section 33.005 - Comprehensive School Counseling Programs

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Statutes Title 2, Public Education; Subtitle F, Curriculum, Programs, and Services; Chapter 33, Service Programs and Extracurricular Activities; Section 33.005, Comprehensive School Counseling Programs. Refreshed: 2021-06-07

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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By studying laws surrounding education and LGBTQ+ youth, I have a better understanding of what the local, state and federal laws require. I understand that not all the laws align with each other; however, the underlying commonality is that students should be treated equally. I have always been an LGBTQ+ ally growing up and have personally witnessed how LGBTQ+ students are treated differently. In addition, I am part of the LGBTQ+ community and want students to know I am someone they can trust and confide in. Representation is very important in our youth, I want to advocate for all of my students by implementing inclusive programs district-wide. LGBTQ+ is something that should be celebrated, recognized, and honored by all educators in order for our students to succeed academically, socially, and emotionally.

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Listed below are ways schools can implement LGBTQ+ inclusive practices to promote healthy cognitive, emotional, and identity development.
1. Implementing LGBTQ-Inclusive Curriculum can improve academic and social-emotional growth, physical health, and mental well-being.
2. Advocating for LGBTQ-inclusive sex education.
3. Working to remove state-level barriers to LGBTQ-inclusive sex education in schools and require inclusive programs.
(Bittker, 2022).
4. Promote inclusive leaders within the school district.
5. Make proms, school dances, and other school events inclusive.
6. Respect the privacy of LGBTQ+ youth due to their peers, teachers, school, parents, or community may not accept them.
7. Create anti-bullying campaigns to ensure the safety of all students.
(Tolerance Teacher, 2017).

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2 Tex. Admin. Code § 33.005 (2019)

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

American School Counselor Association. (2022). The school counselor and LGBTQ+ youth. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-LGBTQ-Youth#:~:text=School%20counselors%20promote%20affirmation%2C%20respect,safe%20and%20affirming%20school%20environment.

Austin, A., Craig, S. L., Dentato, M. P., Roseman, S., & McInroy, L. (2019). Elucidating transgender students’ experiences of microaggressions in social work programs: Next steps for creating inclusive educational contexts. Social Work Education, 38(7), 908–924. https://doi-org.easydb.angelo.edu/10.1080/02615479.2019.1575956

Bittker, B. (2022). LGBTQ-inclusive curriculum as a path to better public health. American Bar Association. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/intersection-of-lgbtq-rights-and-religious-freedom/lgbtq-inclusive-curriculum-as-a-path-to-better-public-health/

Equality Act, H.R., 117th. (2021). https://www.congress.gov/bill/117th-congress/house-bill/5#:~:text=Passed%20House%20(02%2F25%2F2021)

Greytak, E., Kosciw, J., & Palmer, N. (2016). Educational exclusion: Drop out, push out, and school-to-prison pipeline among LGBTQ youth. GLSEN. https://www.glsen.org/sites/default/files/2019-11/Educational_Exclusion_2013.pdf

Gutterman, L. & Slamaker, D. (2021). Texas laws targeting LGBTQ youths highlight their vulnerability. UT News. https://news.utexas.edu/2021/10/27/texas-laws-targeting-lgbtq-youths-highlight-their-vulnerability/

Kao, J., & Zou, I. (2021). Texas teachers say GOP’s new social studies law will hinder how an entire generation understands race, history and current events. The Texas Tribune. https://www.texastribune.org/2021/08/03/texas-critical-race-theory-social-studies-teachers/#578ce70b-e494-4d15-8b81-2f5645afe285

McMenamin, L. (2021). Texas Governor Abbott wants teachers to police trans students. Teen Vogue. https://www.teenvogue.com/story/texas-gender-affirming-surgery-abbott

Opinion No. KP-0401. Ken, Paxton. (2022). https://texasattorneygeneral.gov/sites/default/files/global/KP-0401.pdf?

Our Lady of the Lake University. (2021). A look at ethical issues in school counseling. https://onlineprograms.ollusa.edu/resources/article/ethical-issues-in-school-counseling/

Surette, T. E. (2019). Interrupting institutional heteronormativity: School counselors’ role in advocating for gender and sexually diverse students. Canadian Journal of Counselling and Psychotherapy, 53(4), 360.

Texas Const. art I, § 3a

Tinker v. Des Moines School Dist., 393 U.S. 503 (1969)

Tolerance Teaching. (2017). Creating an LGTB-inclusive school climate. https://www.learningforjustice.org/sites/default/files/2017-11/Teaching-Tolerance-LGBT-Best-Practices-2017-WEB-Oct2017.pdf

Travis County. (n.d.). Non-discrimination policy. https://www.traviscountytx.gov/counseling-education/non-discrimination-policy

U.S. Const. art I, § 14

Zou, I. (2021). What is critical race theory? Explaining the discipline that Texas’ governor wants to “abolish”. The Texas Tribune. https://www.texastribune.org/2021/06/22/texas-critical-race-theory-explained