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Padlet 13: Recommendations/Best Practices for Compliance

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Padlet 13: Recommendations/Best Practices for Compliance

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1. Read local and state laws on mental health in special education.
2. Make sure you are aware of local policies/protocols.
3. Participate in all training provided by your local district.
4. Know what local resources are available for students and make sure students have access to these resources.
5. If mental health centers are available, know how to refer the student and their family for services.
6. Make sure to comply with district policies at all times.

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Navigating the Education System. (n.d.). Retrieved from https://www.pacer.org/cmh/learning-center/education/introduction.asp

https://www.pacer.org/cmh/learning-center/education/introduction.asp

This website helps parents and students understand the Individual with Disabilities Education Act. It talks about how children with behavioral/mental health disorders look for the same acceptance as their peers and want to be provided with the same educational opportunities as their peers.

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E.5. Diagnosis of Mental Disorders
E.5.a. Proper Diagnosis

Counselors take care to make proper diagnosis of mental health disorders. This includes assessment techniques and client care.

Kaplan, D. M. (n.d.). Raising the Bar: New Concepts in the 2014ACA Code of Ethics. The Professional Counselor’s Desk Reference. doi:10.1891/9780826171825.0006

https://www.counseling.org/docs/default-source/default-document-library/2014-code-of-ethics-finaladdress.pdf?sfvrsn=96b532c_2

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Padlet 10: Local Administrative Law/Policy/Rule

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Padlet 10: Local Administrative Law/Policy/Rule

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School Mental Health Centers. (n.d.). Retrieved from https://www.austinisd.org/student-health/smhc

Local school district, Austin ISD, provides students and families free access to school mental health centers. Working with the family, therapists complete a thorough clinical assessment, create therapeutic goals with the student and provide ongoing therapy throughout the year.

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Safety and Security. (n.d.). Retrieved from https://roundrockisd.org/departments/schools-and-innovation/safety-and-security/

Administrative law is the only source of law that has power at the local level. A school board of trustees are the people who adopt school board policies. The Department of Education is one example. School board policies such as allocations play a role in what special education looks like from one school to the next in school districts. Some schools offer push in support which allows special education students to get the help they need in the least restrictive environment. Local school board protocol for a student who is suicidal states the counselor must assess the student and notify the parents immediately.

https://legaldictionary.net/administrative-law/

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Americans With Disabilities Act of 1990, 42 U.S.C.A. Section 12101 (West 1993).

In statutory law, state courts may throw out an entire law or parts of the law they deem to be unconstitutional. The Americans with Disabilities Acts was created under this law and is located in Title 42, Section 12101. This Act gives individuals with disabilities the same rights to education as their peers. Students with behavioral or emotional issues should receive the same education as their peers in the least restricted environment.

https://legalcareerpath.com/statutory-law/

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Mills v. Board of Education of the District of Columbia, 348 F, Supp. 866 (D.D.C. 1972).

Mills v. Board of Education of the District of Columbia. Constitutional law. Children with disabilities cannot be excluded from public school because of their disabilities. Children with behavioral problems, physically handicapped, intellectually disabled, emotionally disturbed or hyperactive have the right to a free and appropriate public education under the law.

https://constitutionus.com/

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Swaby, A. (2019, April 05). Texas estimates it may owe feds $223 million after illegally decreasing special education funding. Retrieved from https://www.texastribune.org/2019/04/05/texas-estimates-it-may-owe-feds-223-million-special-education-funding/

Judicial law is the system of courts that interprets and applies the law in a country, state or an international community. In April 2019, the state of Texas estimated that they may owe feds up to $223 million dollars for illegally decreasing special education funding. In the case of Martinez v. State of New Mexico and Yazzie v. State found the school funding system to be inadequate and unconstitutional for at risk students.

https://definitions.uslegal.com/j/judicial/

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Schwartz, S. (2019, July 18). Teachers Support Social-Emotional Learning, But Say Students in Distress Strain Their Skills. Retrieved from https://www.edweek.org/ew/articles/2019/07/17/teachers-support-social-emotional-learning-but-say-students.html

https://www.edweek.org/ew/articles/2019/07/17/teachers-support-social-emotional-learning-but-say-students.html

With the need for counseling growing, schools have begin to introduce a new social-emotional learning curriculum in classrooms. This allows teachers to work on building strong relationships with their students while equipping students with skills to handle different emotions in a healthy way. Students are able to role play with their peers what a situation may look like and positive ways to cope with those strong emotions the situation may bring up.

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Samuels, C. A. (2019, February 20). Students With Emotional Disabilities: Facts About This Vulnerable Population. Retrieved from https://www.edweek.org/ew/articles/2018/03/21/students-with-emotional-disabilities-facts-about-this.html

https://www.edweek.org/ew/articles/2018/03/21/students-with-emotional-disabilities-facts-about-this.html

Special education students with emotional or behavioral disorders need mental health support available to them in schools. Students with emotional and behavioral problems are at a higher risk of having problems in the classroom or dropping out of school. While research shows these students do not have a higher chance of committing crimes such as school shootings (Samuels, 2019), they do show a higher need for counseling support.

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Padlet Slide 3: Professional Association

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Padlet Slide 3: Professional Association

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NASET.org Home Page. (2015, August 11). Retrieved from https://www.naset.org/index.php?id=3105

This site looks at the discipline of special education students, both with and without mental illness. When it comes to disciplining special education students, there is a set of laws that must be adhered to.

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It is important to know the laws surrounding both mental health and special education when creating a successful counseling program. Counselors have to keep up with school board policies, federal and state laws, as well as counselor ethics. While court cases do not always impact a counselor's work, court cases surrounding custody is one example that would be important to pay close attention to.

Best practices would be to 1) attend all counselor related district training, 2) make sure all students have access to has many resources as possible, and 3) collaborate with other counselors on best practices following your district's protocols and policies.

Adolescent suicide is an issue emerging in students across the country. Being up to date on your district's suicide protocol is important. Following the protocol to assess the student and contact parents is crucial.

I interviewed Jessica Macre, Counselor, Patsy Sommer Elementary, Round Rock Independent School District.

J. Macre, personal communication, July 9, 2019

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Padlet Slide 1: Professional Prospective/Audience/ Topic

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Padlet Slide 1: Professional Prospective/Audience/ Topic

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As a mother of a special education student with mental illness, I have both a personal and professional perspective on the topic. As a counselor, I will use both personal and professional experiences to reach all the students I work with. My target audience is middle and high school students struggling with mental illness. Mental illness faces one in five adolescents ages 9-17 (Women's Health Care Physicians, n.d.).

Women's Health Care Physicians. (n.d.). Retrieved from https://www.acog.org/Clinical-Guidance-and-Publications/Committee-Opinions/Committee-on-Adolescent-Health-Care/Mental-Health-Disorders-in-Adolescents?IsMobileSet=false