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I am a veteran educator with 7 years of experience. I have taught at the high school and middle school. During my 7 years in education I have faced many challenges and most of those challenges could have been resolved if I was better informed in law. I now have a Counselor certification and my responsibilities to know the laws have become even greater. The struggles many teachers face are due to a lack of knowledge. This informative padlet is geared towards educators who might need more knowledge about laws and ethics.

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The individual I had the opportunity to interview wished to not be named. He is a former co worker that had recently gone through a legal issue due to an incident during class. We became good friends over the past couple of years and he was doing a phenomenal job of improving his program as well as the districts. As teachers we build relationships with students and oftentimes we are able to joke with them. This incident was with the wrong student on the wrong day. The teacher placed his hands on the student and that resulted in lawsuits and the teacher having to resign with a black mark on his record. This topic of information is very important because while we do form relationships with students we still have to remember they are humans and their feelings towards adults can change in an instant.

Keep your distance- In order to avoid comments about inappropriate touch or invading personal space keep a good distance between you and students and avoid touching in all aspects including handshakes and hugs.

Neutral topics- When talking to students keep your conversations on a neutral plane. If an off topic comes forward, shut it down but simply saying this topic does not pertain to this class we do not discuss it in this room.

Consistency- Use specific rubrics so students are not able to argue favoritism and racism. Consistency in discipline is a must as well. Even if that one good kid slips up once you have to treat them the same way as the kids that gets in trouble daily.

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https://www.schoolcounselor.org/Magazines/January-February-2021/Your-First-Amendment-Rights-Limitations-and-Freedo

Stone, C. (2021, January 1). Your First Amendment Rights: Limitations and Freedoms - American School Counselor Association (ASCA). ASCA School Counselor. Retrieved July 24, 2022, from https://www.schoolcounselor.org/Magazines/January-February-2021/Your-First-Amendment-Rights-Limitations-and-Freedo

Freedom of speech is an extremely important topic right now. In the past five years there have been many protests over various things. With the protest many people have been caught on camera and fired for what they believe in. Teachers are always under a microscope no matter if they are at home or out in public. Unfortunately, a teacher protesting for what they believe in or making a post on facebook can oftentimes get them in trouble. The provided article breaks down the ASCA code of Ethics that pertains to freedom of speech and cases that involve educators.

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https://www.schoolcounselor.org/Magazines/May-June-2020/Resilience-in-the-Aftermath?sso=8b5aa805-1623-428a-a523-c29191608410

O’Grady, K. (2020, May 1). Login - American School Counselor Association (ASCA). ASCA School Counselor. Retrieved July 24, 2022, from https://www.schoolcounselor.org/Account/Login?returnUrl=/Magazines/May-June-2020/Resilience-in-the-Aftermath

The number of school shootings increases every year. As a result of the shooting the Guardian Plan was created. This plan allows for teachers who pass certain requirements to carry on campus. The article provided describes the trauma associated with shootings. The article states that in order to heal the children's trauma the adults need to heal first. Children feed off what adults give off so it is ok to put yourself first and heal so you will be better able to help students.

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https://www.usnews.com/elections/gun-control-2020

Williams , J. (2020, September 12). Gun control: 2020 election issues - US news & world report. US News. Retrieved July 25, 2022, from https://www.usnews.com/elections/gun-control-2020

The article provided goes over the 2020 presidential election candidates. The article also provides insight on how the candidates responses to the recent shootings. Gun control is a very hot topic.

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https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

PENAL CODE CHAPTER 46. WEAPONS. (n.d.). PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS. Retrieved July 24, 2022, from https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

Texas statute 46 describes a firearm as any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

https://www.atf.gov/rules-and-regulations/national-firearms-act

National Firearms Act | Bureau of Alcohol, Tobacco, Firearms and Explosives. (2020, April 7). ATF - Bureau of Alcohol, Tobacco, Firearms, and Explosives logoBureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved July 24, 2022, from https://www.atf.gov/rules-and-regulations/national-firearms-act

The NFA imposed a tax on the transfer of firearms. The NFA regulated transfer and manufacture. It also created a registry of firearms under NFA.

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https://constitution.congress.gov/browse/essay/amdt2-1/ALDE_00000408/

The Right to Bear Arms | Constitution Annotated | Congress.gov | Library of Congress. (n.d.). Constitution Annotated. Retrieved July 24, 2022, from https://constitution.congress.gov/browse/essay/amdt2-1/ALDE_00000408/

The second amendment allowed for individuals to own firearms to be used for self defense

https://guides.sll.texas.gov/gun-laws/carry-of-firearms

Texas State Law Library. (n.d.). Guides: Gun Laws: Carry of Firearms. Retrieved July 24, 2022, from https://guides.sll.texas.gov/gun-laws/carry-of-firearms

Texas has its own laws as well as federal law. Texas states you may carry a firearm but it must be holstered. You can have one in your vehicle because it is an extension of your home.. Businesses may establish their own rules on firearms but they must meet certain standards in order to be legal.

Requirements for handguns

Be at least 21 years old

Not have a prior felony conviction as described in Texas Penal Code Section 46.04

Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04

Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)

Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)

Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)

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https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Supreme Court. (n.d.). Search - Supreme Court of the United States. Supreme Court of the United States. Retrieved July 24, 2022, from https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-843.html

New York was breaking the second amendment so the supreme court ruled that New York was unconstitutional and ruled firearms were allowed in public.

https://supreme.justia.com/cases/federal/us/153/535/

Miller v. Texas, 153 U.S. 535 (1894). (n.d.). Justia Law. Retrieved July 24, 2022, from https://supreme.justia.com/cases/federal/us/153/535/

Allowed for congress to tax firearms used by criminals

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https://www.ojp.gov/ncjrs/virtual-library/abstracts/handguns-homicides-and-gun-control-act-1968-handgun-control

Magaddino, J., & Medoff, M. (1982). Handguns, Homicides and the Gun Control Act of 1968 (From Handgun Control Legislation - Hearings, P 318–338, 1982 - See NCJ-93399) | Office of Justice Programs. U.S. Department of Justice. Retrieved July 24, 2022, from https://www.ojp.gov/ncjrs/virtual-library/abstracts/handguns-homicides-and-gun-control-act-1968-handgun-control

Created regulations for individuals to manufacture and distribute firearms.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=7&ch=218&rl=9

Proficiency requirements for Law Enforcement

handguns - a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload;

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https://www.kagstv.com/article/news/education/navasota-update-on-how-they-feel-about-guardian-plan-in-district/499-318dfbd1-f5ca-43bc-aad3-c3fa952b3981#:~:text=Navasota%20ISD%20is%20using%20the,carry%20firearms%20on%20school%20grounds.&text=NAVASOTA%2C%20Texas%20%E2%80%94%20The%20answer%20to,over%201%2C200%20Texas%20school%20districts.

Wilson, A. S. (2022, July 15). The Guardian program at Navasota ISD. kagstv.com. Retrieved July 24, 2022, from https://www.kagstv.com/article/news/education/navasota-update-on-how-they-feel-about-guardian-plan-in-district/499-318dfbd1-f5ca-43bc-aad3-c3fa952b3981#:~:text=Navasota%20ISD%20is%20using%20the,carry%20firearms%20on%20school%20grounds.&text=NAVASOTA%2C%20Texas%20%E2%80%94%20The%20answer%20to,over%201%2C200%20Texas%20school%20districts.

In 2018 Navasota ISD adopted the Guardian Plan which allows qualified individuals to carry a concealed firearm on campus during the school day.

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https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

19 Texas Administrative code  § 247.2

Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.

Being a guardian for a school is a big responsibility. A guardian not only has to keep their piece completely concealed they also have to be on the ready at all times in case an incident occurs

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During my time on this Earth I have come across a couple situations that if they went different ways I would likely not be here today. I took those opportunities and learned about the objects that could have taken my life. I have learned how to safely operate firearms, I understand their purpose, and I am able to defend myself and my family if needed. I also became a certified firearms instructor in order to help others overcome their fears. I am confident in my abilities and with the recent increase in school shootings I was able to carry everyday. While the laws I discussed did not necessarily affect my education but it has shown me that firearms in the wrong hands have been an issue for a very long time.

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Know the laws backwards and forwards if you carry

Take time and think about what might happen if you do have to pull the trigger

The world is constantly changing be able to adapt to those changes

Stay current on trainings and laws

Educate individuals about school safety and what it requires

Always put the students safety first

Become a member of not only a teacher association but also a firearms association