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Racial discrimination in the education field has been prominent for years. School counselors will encounter instances where they must advise students on facing racial discrimination in school. In creating this Legal Guide, the goal is for school counselors to use it as a tool of information and resources in their practice to help address the issue of racial discrimination in K-12 schools.

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Racial discrimination in the education field is prominent in several aspects. Many students face racial discrimination when they are placed in certain classes, when they are disciplined, and when it comes to receiving outside opportunities. Students may not realize they face discrimination, but the adults around them do. Racial discrimination can negatively affect student perceptions and development (Seaton & Douglass, 2014). Students are likely to have low academic performance and increased behavioral problems as a result of racial discrimination in schools. However, with proper advocation for the elimination of racial discrimination, it could change this outcome.

Reference

Seaton, E. K., & Douglass, S. (2014). School Diversity and Racial Discrimination Among African-American Adolescents. Cultural Diversity & Ethnic Minority Psychology, 20(2), 156–165. https://doi.org/10.1037/a0035322

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Summary: The American School Counselor Association is a national organization that provides guidelines and ethical practices for school counselors. Within the ethical guidelines are specific procedures for school counselors to follow that help eliminate racial discrimination. School counselors have the potential to advocate for equality for their students during their educational experiences (ASCA, 2021). This is an excellent tool for counselors to refer to when looking for specific steps to take to prevent racial discrimination.

Link: https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Anti-Racist-Practices

Reference:

American School Counselor Association. (2021). The School Counselor and Anti-Racist Practices. Retrieved December 8, 2024, from https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Anti-Racist-Practices

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The School Counselor and Anti-Racist Practices - American School Counselor Association (ASCA)

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Summary:

The following news article outlines a school district in North Texas accused of violating federal civil rights.

According to students and parents in the district, students experienced several forms of discrimination, including racial discrimination.

Parents and students hope the district takes these claims seriously and enforces some reasonable change.

Link: https://www.nbcnews.com/news/us-news/southlake-texas-carroll-isd-civil-rights-investigation-rcna151009

Reference:

Hixenbaugh, M. (2024, May 9). Feds find civil rights violations in Southlake, Texas, schools, students’ lawyers say. NBC News. https://www.nbcnews.com/news/us-news/southlake-texas-carroll-isd-civil-rights-investigation-rcna151009

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Feds find civil rights violations in Southlake, Texas, schools, students’ lawyers say

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The district will have 90 days to reach an agreement with the Education Department on a plan to address discrimination, experts say.

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Summary:

The following news article speaks on an incident that occurred at a school event where students experienced racial discrimination.

During the football game, cheerleaders recall hearing inappropriate racial remarks being yelled at them by other students.

The school district is investigating the claims and attempting to address the issue.

This article represents how racial discrimination can occur outside of a school campus, but still, the school can be found liable.

Link: https://www.cbsnews.com/texas/news/fort-worth-isd-north-side-high-school-cheerleaders-alleged-racism-football-game/

Reference:

Beasley, L. (2024, September 23). Fort Worth ISD’s North Side High School cheerleaders speak out after alleged racist remarks during football game. CBS News. https://www.cbsnews.com/texas/news/fort-worth-isd-north-side-high-school-cheerleaders-alleged-racism-football-game/

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Fort Worth ISD’s North Side High School cheerleaders speak out after alleged racist remarks during football game

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Some students and parents within Fort Worth ISD claimed acts of racism happened at a high school football game earlier this month.

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Under Constitutional Law, discrimination is protected under Section 1 of the 14th Amendment's Equal Protection Clause. The Equal Protection Clause protects all American citizens in their public life (U.S. Const. amend. XIV §1). The Equal Protection Clause ensures that:

States do not create laws that interfere with the privileges of American citizens  (U.S. Const. amend. XIV §1).

States cannot strip individuals of life, liberty, or property without due process  (U.S. Const. amend. XIV §1).

States cannot deny individuals the right to be protected under the Equal Protection Laws  (U.S. Const. amend. XIV §1).

Website:https://www.archives.gov/milestone-documents/14th-amendment#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.

Reference: U.S. Const. amend. XIV §1

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Trinity Basin Preparatory abides by federal and state laws on racial discrimination by having a Notice of Non-Discrimination section in the student handbook. This notice informs individuals that this educational institution does not discriminate against students based on race (Trinity Basin Preparatory, 2017). Regarding racial discrimination in academic institutions, this policy ensures that the organization does not discriminate against students based on race.

Website: https://www.trinitybasin.com/parents-students/student-handbook

Reference:

Trinity Basin Preparatory. (2017, November 6). Student Handbook - Trinity Basin Preparatory |
Best Free school in DFW. Retrieved November 24, 2024, from
https://www.trinitybasin.com/parents-students/student-handbook

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Texas Constitution's Article 1, Section 3a ensures that equality is not to be denied based on race (Tex. Const. Art. 1, § 3a). This law is located in the Texas Bill of Rights and is an extension of the United States Bill of Rights. This law ensures and protects individuals from discrimination on the state level.

Website:https://statutes.capitol.texas.gov/docs/cn/htm/cn.1.htm

Reference: Tex. Const. art. 1, § 3a.

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Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina is a judicial law that ruled against racial discrimination when admitting students into higher educational institutions (Students for Fair Admissions v. Harvard College, 2023). While this law focuses on higher education, it is important for school counselors to consider it when working with students seeking college admission.

Website: https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

Reference: Students for Fair Admissions v. Harvard College, 600 U.S. 181 (2023).

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The Civil Rights Act of 1964 protects individuals from discrimination in public spaces such as schools, specifically with segregation (Civil Rights Act, 1964). Title IV addressed the desegregation of educational institutions. Educational institutions may not assign students to schools based on race. Under the Civil Rights Act, individuals are protected from segregation in public spaces and classrooms. Students specifically cannot be segregated based on their race or national origin. Additionally, this law refers to public facilities such as restrooms and public eating areas.

Website: https://www.archives.gov/milestone-documents/civil-rights-act

Reference: Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964).

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Ethical Principle: The American School Counselor Association has ethical principles that school counselors must follow. Under the marginalized section of ethical principles, principle E mentions the need for school counselors to advocate for students' treatment to avoid discrimination (ASCA, 2022). Additionally, this section of ethical principles outlines ways in which school counselors can themselves avoid racial discrimination.

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Reference:

​​American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors.https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Summary: The Center for Racial Justice in Education is a foundation that partners with schools and education to eliminate racial discrimination. This resource could be used by school counselors when they are faced with racial discrimination issues in their field of practice. This organization focuses on centering people of color and limiting life-changing forms of discrimination (CRJE, n.d.). Their website lists resources that school counselors can use to combat racial discrimination.

Link:

https://centerracialjustice.org/

Reference:

Center for Racial Justice in Education. (n.d.). Center for Racial Justice in Education. https://centerracialjustice.org/

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Recommendations for School Counselors

Create resources for students to use to identify when they are experiencing racial discrimination.

Provide resources for parents to use in the case that their child is experiencing racial discrimination.

Advocate for program change on the school campus to avoid racial discrimination.

Plan and orchestrate events advocating against racial discrimination.

Ensure that the American School Counselor Association's Ethical Principles are followed faithfully.

Stay current on administrative, local, state, and federal laws concerning racial discrimination.

Create a safe space where all students feel welcome.

Look beyond the K-12 setting to stay current on new laws regarding racial discrimination.

Deliver small group and guidance lessons focusing on equality for all.