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I anticipate completing my M.Ed. in Guidance and Counseling this December. After graduating, my plan is to be a high school counselor.

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Exploration - Option #1: Interview with a Current Professional

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Exploration - Option #1: Interview with a Current Professional

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I spoke with the counselor on my campus, Danita Peterman, about current legal and ethical issues that relate to school counseling.

1. Homelessness is a particular concern in Grand Prairie ISD. Over 1,000 students and family members have been identified as experiencing homelessness (“McKinney-Vento”, n.d.). The McKinney-Vento Homeless Assistance Act guarantees students experiencing homelessness certain protections and assistance.

2. Counselors must understand the assurances students have and do not have related to confidentially.

3. The counselor must also know how to respond to students exhibiting suicidal ideations or behaviors, and when and how to report it to parents/guardians and administrators.

4. Grand Prairie ISD has a large population of undocumented students and families. The counselor has an obligation to provided services to all students regardless of citizenship or documentation status.

5. The counselor is an advocate for the student. He must examine biases and attitudes that will interfere with this duty to the student.

(M. Peterman, personal communication, October 26, 2018).

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Exploration - Option #2: National Education Assiciation

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Exploration - Option #2: National Education Assiciation

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In my exploration of the National Education Association’s website, I found several pages related to immigration. It advises counselors to advocate for all students regardless of documentation status. Counselors should have the same post-secondary education expectations for all students and assist undocumented students with the college process.

Students should have an equal opportunity to high quality education regardless of a student’s residence. The student’s zip code should not be an advantage or detriment to his educational potential.

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NEA Human and Civil Rights understands that education advocacy and social justice advocacy go hand in hand. Use these NEA resources on key social justice issues and toolkits to get active today!

How Educators Can Advocate for English Language Learners ( PDF, 955 KB, 44 pgs)

This amazing guidebook is the latest tool in our advocacy arsenal for educators, families, and community members who need practical strategies and step-by-step instructions on fighting for the rights of America's fastest-growing student group: ELL students.

Immigration

If you do not currently have DACA and are considering whether to apply for it for the first time, we recommend that you not do so at this time. If you already have DACA and are considering whether to apply to renew it, immigration authorities already have the information on your original application, so there is less risk in submitting the renewal application.

"Super DACA Defenders" Comic book in English ( PDF, 773 KB, 1 pg.) andChinese ( PDF, 813 KB, 1 pg.) created by student Ben Kaibin Xiao with the support of a NEA MCOP Department Grant.

Legal Issues for School Districts Related to the Education of Undocumented ChildrenThis booklet discusses 13 legal questions commonly asked by school board members and school administrators related to undocumented students.

Your Students and Immigration Raids: What You Can Do Advocate for policies that protect students, see how to share rights information with students' families, and discover more tools to respond to students' needs.

Download the poster:

Dreamers Welcome (JPEG, 1200 x 1575)

LGBTQ

A student's chances for success should not depend on living in the right zip code, winning a charter lottery, or affording private school. Use these resources to help ensure that every has child equal opportunity and access to a system of publicly funded, equitable and democratically controlled public schools:

download, print, and share the postcard:

watch the Video:

A Tale of Two Children. Two Zip Codes. Two Outcomes. Time for a Change. (2:22)

take action:

NEA members unanimously adopt plan to address institutional racism in our schools and communities.

read the strategy:

watch the video:

NEA Members speak out about institutional racism (4:21)

School to Prison Pipeline/Restorative Justice

take action and share the meme on social media:

Educators support latest effort in Congress to restore voting rights EdVotes.org

NEA partners bring free voting rights to the classroom:

Teaching Tolerance Bridge to the Ballot
Democracy Class: Rock the Vote

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How Educators Can Advocate for English Language Learners ( PDF, 955 KB, 44 pgs) This amazing guidebook is the latest tool in our advocacy arsenal for educators, families, and community members who need practical strategies and step-by-step instructions on fighting for the rights of America's fastest-growing student group: ELL students.

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Exploration - Option #2: American School Counselor Assiciation

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Exploration - Option #2: American School Counselor Assiciation

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The National School Board Association website has several resources related to it’s position on undocumented students. All children have a constitutionally guaranteed right to a free pubic education from Kindergarten to the 12th grade. The organization’s website also states schools districts must enroll unaccompanied minor students even if the student does not have documentation. Additionally, the district cannot deny an unaccompanied minor enrollment if he cannot provide residency documentation.

The website also contains articles about a student’s constitutional right to free speech, prevention of unreasonable search and seizure, and due process. The articles discuss these rights in relation to the schools obligation to limit disruption and provide a safe learning environment.

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Montgomery County Public Schools/Bill Mills: www.mcps.org

Find Out the Latest in School Law

Our School Law Issues pages provide resources, news, and court decisions on a range of legal issues for public schools.

Education law issues involving age, disability, race, ethnic origin, gender, and homeless status. Read more

Major employment laws affecting schools. Read more

Legal and practical issues related to local school board control and how school boards operate. Read more

Understand and comply with federal laws such as the Individuals with Disabilities Education Act, § 504 of the Rehabilitation Act and the Americans with Disabilities Act. Read more

Legal issues involving various reform measures, including public school choice, charter schools, privatization, vouchers, and alternative schools. Read more

The challenges school districts face in balancing students' First, Fourth, and Fifth Amendment rights with their educational mission to maintain a safe non-disruptive learning environment. Read more

Title IX, gender equity, student-athlete drug testing and codes of conduct, school district liability for sports-related injuries, and disabled students participation in interscholastic sports. Read more

Issues involving state and federal standards, teacher and student classroom speech, religious rights, and controversies over instruction, textbooks, and classroom and library materials. Read more

School property issues including public land, facilities, and equipment, and control of property, purchasing procedure, eminent domain, and buildings and construction. Read more

Resources on nutrition for student and employee health issues such as insurance, confidentiality of health records, health-related services, drugs, contagious diseases, and accommodations for health conditions. Read more

Complying with constitutional, statutory, regulatory, and judicial legal requirements at the federal, state, and local levels. Read more

Public schools issues related to the role of religion in the classroom, including First Amendment, Establishment, Free Exercise, and Free Speech clause issues. Read more

Issues concerning student safety, school violence, student rights, harassment, and bullying. Read more

Legal information on standardized tests, high-stakes testing, and academic honors. Read more

Legal issues related to Internet, email, video, and other emerging technology. Read more

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Montgomery County Public Schools/Bill Mills: www.mcps.org Our School Law Issues pages provide resources, news, and court decisions on a range of legal issues for public schools. Education law issues involving age, disability, race, ethnic origin, gender, and homeless status. Read more Major employment laws affecting schools.

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I am most interested in legal and ethical issues related to undocumented students and the obligations schools and counselors have to this population. Laws, policies, and actions affect the large number of undocumented students and their families in my school district and in Texas.

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Sulkowski, 2017

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Research - Creditable and Reliable Resource

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Research - Creditable and Reliable Resource

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National School Boards Association, 2018

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Schools are mandated to provided free public education from Kindergarten through 12th grade to all students regardless of documentation or citizenship status. Schools are prevented from barring undocumented students from enrolling in school. In the United  States, 5.3 million youth have an undocumented status or live with a parent with an undocumented status. Students who have a family member who was deported are less comfortable in the school setting and have lower educational outcomes compared to their peers. Assisting students to enroll in Delayed Action for Childhood Arrivals (DACA) is recommended as one method to encourage undocumented students to graduate high school and pursue post-secondary education; however, students and their parents fear that DACA may be used to identify, locate, and deport undocumented individuals. School personnel must be aware that undocumented students and their family members are concerned about the disclosure of their documentation status and must carefully research the trustworthiness of community resources they suggest to these students and their families (Sulkowski, 2017).

The publication Lifting the lamp beside the schoolhouse door: A legal guide to serving undocumented students in public schools (National School Boards Association, 2018) provides guidance to schools serving undocumented students. According to the publication, all children are constitutionally guaranteed free public education from Kindergarten to 12th grade. This guarantee is granted to children regardless of citizenship or documentation status. Plyler v. Doe prevents school districts from requiring documentation that would divulge a student or family member's immigration status. Various federal, state, and local school district activities and polices from around the Unites States are briefly summarized. President Donald Trump suspended DACA protections for those enrolled in the program and will begin to expire for certain enrollees as early as March 2018. Several states are challenging the constitutionality of this suspension. Best practices for responding to students and families with undocumented statuses are discussed.

In my future role as a school counselor, I will work with many students and families who have an undocumented status. I must be aware that fear of deportation will be a hinderance to these students' educational achievement. I will inform them that the Family Education Rights and Privacy Acts (FERPA) limits the release of student records without parental consent with just a few limited exceptions (National School Boards Association, 2018). I will stay up to date with current events, laws, and policies pertaining to undocumented students to provide the most accurate information to my clients. As an advocate for undocumented students, I will expect outcomes and achievements for this populations that are equal to their peers.

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McKinney-Vento Homeless Assistance Act – Connections Program. (n.d.). Retrieved from https://www.gpisd.org/Page/37074

National School Boards Association. (2018). Lifting the lamp beside the schoolhouse door: A legal guide to serving undocumented students in public schools. Retrieved from https://cdn-files.nsba.org/s3fs-public/reports/10711-4917_NSBA_Immigration_Guide_Web_FINAL.pdf

Sulkowski, M. L. (2017). Unauthorized immigrant students in the United States: The current state of affairs and the role of public education. Children & Youth Services Review, 77(62-68). doi:10.1016/j.childyouth.2017.04.006