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I currently teach 4th grade in central Texas.  My classroom is an inclusion class and I currently have five students, out of a total of seventeen, that receive special education services as directed by their Individualized Education Program(IEP).After I complete my Master of Education in Guidance and Counseling, I hope to work as a school counselor in secondary education. The best part of my day is getting to sit down and talk with my students. I love hearing about their lives, what makes them happy, and what upsets them. The town that I live and work in is a military town. Many of my students face life-changing events starting at an incredibly young age. They are not yet developed enough to understand how to cope with these changes on their own, as a counselor, I look forward to being able to help my students tackle those challenges and changes.

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Step 2: Exploration Option 2 American School Counselor Association (ASCA) Legal and Ethical Issues

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Step 2: Exploration Option 2 American School Counselor Association (ASCA) Legal and Ethical Issues

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American School Counselor Association (ASCA)
Schoolcounselor.org
In my review of the ASCA website, I noticed two prevalent issues that consistently recurred in articles across the site. Those two issues were student-counselor confidentiality and equity for all students in education.

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Not-Found - American School Counselor Association (ASCA)

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Step 2: Exploration Option 2 National School Boards Association (NSBA) Advocacy

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Step 2: Exploration Option 2 National School Boards Association (NSBA) Advocacy

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National School Boards Association (NSBA) NSBA.org
After spending time analyzing the NSBA website, I observed consistencies between the issues presented on the ASCA website and the NSBA website. The two issues that stood out to me on the NSBA site were aligned with the issue of equality for all students; equity and discrimination of students and student rights and discipline.

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Advocacy | National School Boards Association

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School Law Issues The resources, news, and court decisions you need on a range of legal issues for public schools.

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Step 2: Exploration Option 3 Education Week

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Step 2: Exploration Option 3 Education Week

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This informative article in Education Week (Samuels, 2019) outlines what exactly U.S. District Court Judge Tanya Chutkan's March 7th ruling means for special education students. She discusses previous rulings and how they have impacted the identification and education of students with disabilities.

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Ruling is new setback for DeVos' Ed. Dept.

The U.S. Department of Education made an "arbitrary and capricious" decision when it decided last year to delay an Obama-era rule that would change the way states monitor how minority students are identified and served in special education, a federal judge in Washington has ruled.

U.S. District Court Judge Tanya Chutkan's decision March 7 vacated the Education Department's delaying action because, she ruled, it is in violation of the Administrative Procedure Act. That statute governs how federal agencies propose and implement regulations.

The decision is a win for the Council for Parent Advocates and Attorneys, which sued the Education Department after it announced the delay last June. COPAA said that putting the rules on hold would cut down on the number of districts that would be required to review their policies, practices, and procedures around special education identification and services for minority students.

"Today is a victory for children, especially children of color and others who are at risk for being inappropriately identified for special education," said COPAA's executive director, Denise Marshall, in a statement.

Education Department spokeswoman Elizabeth Hill said the department is reviewing the ruling.

The "Equity in IDEA" rules that are at the center of this decision are complex. The political moves around them are complicated, as well.

Federal Requirements

The Individuals with Disabilities in Education Act requires states to monitor how districts identify minority students for special education, discipline them, or place them in restrictive settings. Districts found to have "significant disproportionality" in one or more of these areas must set aside 15 percent of their federal special education funding to spend on remedies.

The law says that states are in charge of determining how significant a problem must be before it merits the set-aside. And, just a fraction of the nation's school districts have ever been identified as having problems severe enough to require a federal set-aside.

The Obama administration aimed to change that. Implemented in December 2016, in the last weeks of President Barack Obama's second term, the rule would have created a more consistent, standardized evaluation process. As a result, more school districts around the country were expected to have to use part of their federal funds on remedying significant disproportionality.

When the department, under Secretary of Education Betsy DeVos, announced the delay, it said that "we are concerned the 2016 significant disproportionality regulations could result in de facto quotas, which in turn could result in a denial of services based on a child's ethnic or racial status/group. The secretary is concerned that the regulations will create an environment where children in need of special education and related services do not receive those services because of the color of their skin."

Another Reversal

In her ruling last week, however, the judge said that the Education Department already thoroughly examined the concerns around quotas back in 2016, when it put the rule in place. The department can't just decide to reject those conclusions two years later, she indicated in her decision.

"The government did not explain why it had changed its position that the 2016 safeguards would be effective. Instead, it concluded that the 2016 regulations could incentivize the use of quotas-a conclusion that was contrary to and inconsistent with its prior determination," the ruling stated.

This is a second reversal for the Education Department on a policy connected to students with disabilities. In 2018, the Education Department's office for civil rights started closing hundreds of disability-related complaints, following new guidelines that said such cases would be dismissed when they represent a pattern of complaints against multiple recipients.

The office enforces laws such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, both of which prohibit public entities from discriminating against individuals based on disability. It also enforces Title IX, which prohibits discrimination based on sex, and other laws that prohibit discrimination based on age, race, color, or national origin.

Facing a lawsuit from advocates, the department changed that policy in November to get rid of the "pattern of complaints" dismissal guidelines. It also committed to conducting investigations of complaints that were previously dismissed under the policy change.

Clashes With Advocates

Many special education advocates have been highly critical of DeVos, starting from her confirmation hearing when she faced pointed questioning about the IDEA and seemed at first to suggest that states could follow the federal law at their discretion. (The IDEA is not discretionary law.)

In 2017, as a part of an administration-wide effort to sweep away "outdated, unnecessary or ineffective regulations," the Education Department identified dozens of pieces of guidance that should be eliminated. Most of the documents were simply old and had expired, but the reaction in some corners was furious.

The Education Department responded to that by releasing an explanation of just why those particular documents were targeted for elimination.

Published in Print: March 13, 2019, as Feds Can't Delay Special Education Bias Rule, Judge Says

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Feds Can't Delay Special Education Bias Rule, Judge Says

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The U.S. Department of Education made an "arbitrary and capricious" decision when it decided last year to delay an Obama-era rule that would change the way states monitor how minority students are identified and served in special education, a federal judge in Washington has ruled. U.S.

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Step 2: Exploration Option 3 Education Dive 

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Step 2: Exploration Option 3 Education Dive 

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In this article from Education Dive (Campisi, 2019), the question of school liability for students' safety is examined. The author analyzes several cases involving school liability in different situations such as school shootings and suicide. A brief summary of pertinent cases is provided as well as an explanation of what the rulings mean to the overall debate.

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While a school's primary goal is to educate students, another priority is providing a safe environment. It's a responsibility enforced in federal, state and local laws, but ultimately, students can - and do - get hurt. And when they do, many blame the school or district.

Getting scraped up during recess, for instance, isn't new. Neither is getting made fun of by a classmate. Some medical experts call falls and broken bones " inevitable ," and some scholars cite teasing as an " important preparation for life ." But more severe issues, including sexual harassment, cyberbullying and school shootings are increasingly penetrating classrooms, spurring legal disputes over who's responsible.

"School safety is moving from the schoolhouse to the court of public opinion and the law," said school safety consultant Kenneth Trump. "But every case is unique - the legal issues vary, the allegations vary, and that's what makes it hard to pin it down to a handful of specific issues and put it in this neat little box."

Hundreds of lawsuits point the finger at schools or districts when students get injuried. Among the most recent was a suit against Broward County Public Schools and the county sheriff's office - both of which a federal judge said didn't have a legal duty to protect students - after the Parkland, Florida, shooting. These cases span different issues and reached varying verdicts, but they involve the same question: To what degree are these entities liable for students' safety?

Below, we've broken down a list of cases involving a school or district's role in student safety. Here's what happened and what they mean in the debate:

M.S.D. of Martinsville v. Rebecca Jackson

What happened: In March 2011, two students at West Martinsville Middle School in Indiana were injured in a shooting: One, who was shot twice in the stomach, was targeted by the shooter - a former student known to threaten and harass his peers -

Though the shooter threatened the victim several times - and threats were reported to teachers before the shooting - teachers didn't tell the administration, court documents say. Additionally, in the suit, the victim's mother said the district didn't protect her son because certain school entrances were left unlocked and monitors weren't properly warned about the shooter being a threat, among other alleged safety breaches.

While the district argued the suit should be dismissed because it couldn't have reasonably prevented the shooting, an appeals court disagreed.

What this means: This ruling shows schools or districts can be found liable if evidence proves the event could have reasonably been prevented, either because officials had reason to believe it would take place or if their response protocol wasn't sufficiently implemented.

Scarlett Lewis, et al. v. Newtown Board of Education and Town of Newtown

What happened: In one of the deadliest school shootings in U.S. history, 20-year-old Adam Lanza shot and killed 26 people at Sandy Hook Elementary School in December 2012.

In her decision, the judge said, "...Faculty and staff had to make split-second decisions ... and subjecting their decisions to scrutiny, aided by hindsight, would no less serve the public interest than subjecting a police officer's discretionary decisions to second guessing."

She added, "Emergencies, by their very nature, are sudden and often rapidly evolving events, and a response can never be 100% scripted and directed."

According to this ruling, school officials can have similar protections to police officers. Even if a school has a safety protocol, it's hard to force people to have scripted emergency responses without taking split-second judgment into account. And if someone gets hurt, it's not necessarily something for which a school or district is liable.

Sexual misconduct

Mitchell v. Cedar Rapids Community School District

One day, the 9th-grader got her mother's permission to go to a friend's house after school, but she skipped last period. The 12th-grader raped her that afternoon. While the school day had ended when the rape happened, the girl's mom didn't know her daughter missed last period, and there were no special requirements for handling absences in her Individualized Education Program (IEP). Her mother sued the district for negligence, failing to monitor her daughter and notify her in a timely manner.

The district argued that because the rape didn't happen during school hours or on school grounds, it wasn't legally liable. But the Iowa Supreme Court ruled it could have been prevented.

What this means: This ruling doesn't imply a district or school is legally obligated to protect students outside of school hours or off school grounds in non-school activities. However, it does show that in certain cases, if evidence shows it either could have predicted or prevented such an incident from happening, they could be liable.

Shawnee Mathis, et al. v. Wayne County Board of Education, et al.

After the coach first heard about the incident, he allegedly didn't report it. One boy's parent later told the school, and the 8th-graders who were responsible were suspended for 10 days. The other boy's parent went to the school with concerns about what happened, but the suit alleges the principal didn't seem too troubled by it.

The boys continued to face harassment and were later pulled out of school. The school took some steps to prevent locker room misconduct, but in a disciplinary hearing, a committee of school officials chose not to suspend the 8th-graders for the rest of the basketball season, and the Wayne County Board of Education moved up their reinstatement date.

tudents and families who file suit often face many hurdles in proving a school or district is liable. According to the What this means: S Associated Press, districts in some states - including Virginia and Georgia - have "absolute immunity" from state-level lawsuits, while others, such as Florida, cap amounts schools must pay in damages. It's possible for a school to be held accountable, but it can be a high bar to hit.

Bullying/harassment

Kowalski v. Berkeley County Schools

When the victim and her parents filed a harassment complaint with the school, the site's creator was suspended for five days for the so-called "hate website," which violated school bullying, harassment and intimidation policies. She sued, claiming her First Amendment rights were violated, because her site was private and was created outside of school.

"foreseeable " that the website would "create a substantial disruption in the school, " therefore allowing the school to control the student's speech.

Wyke v. Polk County School Board

What happened: The mother of Shawn Wyke, a 13-year-old who died by suicide, sued her son's district in Polk County, Florida, alleging administrators knew he tried to commit suicide twice at school before his death. When the dean of students found out about Wyke's first attempt, he called the student into his office and read Bible verses, according to court documents. He thought they made Wyke feel better and that he did all he could that day.

Wyke's mother sued the school board, the vice principal and the principal, alleging there was inadequate intervention and prevention training for school employees that contributed to her son's wrongful death. A district court ruled the district could be found liable due to a failure to notify Wyke's parents about what happened, and their knowledge of his two attempts made the incident foreseeable.

What this means: Hundreds of students die by suicide each year, and many parents or guardians argue schools could have done more to prevent this. But in the past, courts often haven't deemed schools and districts liable for student suicides unless it was clear officials knew a student was suicidal and did nothing, or if they intentionally made things worse.

However, the sampling of cases to examine is relatively limited. Since this suit was filed, several schools and/or districts are facing legal action for their alleged liability in similar incidents. The outcomes of those cases will reveal a lot about where the line is drawn for schools' and districts' legal responsibilities.

Brewington v. Philadelphia School District

More than a year later, the boy's mother sued the elementary school and the Philadelphia School District, alleging the lack of padding on the gym walls was dangerous and constituted negligence. The school argued it was immune from the suit, but in a December 2018 ruling, the Pennsylvania Supreme Court rejected this claim.

The court said this incident qualified as an exception to the immunity provision, giving the boy's mom a right to sue. According to the "" if an agency doesn't put adequate safety features in place for normal or reasonable use of property, it can be sued. In this case, the court found, the lack of padding could constitute negligence.

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To what extent are districts, schools liable for students' safety?

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While a school's primary goal is to educate students, another priority is providing a safe environment. It's a responsibility enforced in federal, state and local laws, but ultimately, students can - and do - get hurt. And when they do, many blame the school or district.

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Step 3- Legal and Ethical Issue of Interest to Me: Student/Counselor Confidentiality

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Step 3- Legal and Ethical Issue of Interest to Me: Student/Counselor Confidentiality

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After exploring a myriad of legal and ethical issues in the field of school counseling, I am most peaked by the issue of student/counselor confidentiality.
This topic is of interest to me because my loyalty as a counselor is to my students and their well being, yet i have concerns about maintaining their confidence while making decisions about keeping them safe and how that coincides with the overall well being of the students on my campus.

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In my search of the Angelo State University Library's online resources, I found an article from the Journal of Human Behavior in the Social Environment, Minors' Right to Confidentiality : Addressing the Issue of Bullying and the Ethical Obligation to Prevent Harm by Lori J. Smith. Although the article discusses a specific challenge, bullying, there are sections dedicated to the discussion of student/counselor confidentiality with some very thought provoking reflections and insights.

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Campisi, J. (2019, February 20). To what extent are districts, schools liable for students' safety? Education Dive. Retrieved from https://www.educationdive.com/news/to-what-extent-are-districts-schools-liable-for-students-safety/547823/

Counselors making the right call. (2011). Texas Classroom Teachers Association. Retrieved from https://tcta.org/node/11472-counselors_making_the_right_call

Samuels, C. A. (2019, March 12). Feds can't delay special education bias rule, judge says. Education Week. Retrieved from https://www.edweek.org/ew/articles/2019/03/13/feds-cant-delay-special-education-bias-rule.html

Smith, L. (2015). Minors' right to confidentiality: Addressing the issue of bullying and the ethical obligation to prevent harm. Journal of Human Behavior in the Social Environment,25, 746-755. doi:10.1080110911359.2015.1032649

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Step  4: Researching Student/Counselor Confidentiality

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Step  4: Researching Student/Counselor Confidentiality

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I performed an internet search on the topic of student/counselor confidentiality and found several websites with valuable and credible information. One website that stood out was Texas Classroom Teachers Association (TCTA). One section of the website gives a brief, yet comprehensive, overview of the responsibilities of a school counselor in regards to maintaining confidentiality. The section discusses the Family Educational Rights and Privacy Act (FERPA), chapter 26 of the Texas Ethics Code (TEC), and also addresses a few frequently asked questions about the topic.

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School counselors and other Texas educators are routinely confronted with issues involving the confidentiality of student records and related information. Decisions must be made - especially by school counselors - concerning receipt of, safekeeping and distribution of such information.

This article addresses common student confidentiality guidelines that counselors and other educators must carefully observe, as well as certain situations that may present counselors with difficult decisions to make. Unlike a baseball umpire required to make a quick judgment call without benefit of instant replay, counselors should have the opportunity to ask the proper questions, use available resources and ultimately make the "right call" regarding student confidentiality issues.

FERPA
All educators must observe the Family Educational Rights and Privacy Act or FERPA. This federal law requires educators to provide proper parties access to student records and personally identifiable student information, while strictly maintaining
their confidential status.

An educational record is defined as information directly related to a student and held by an educational institution or its representative. In many school districts, policy FL [LOCAL] provides a lengthy, but not exhaustive list of such records. Most
counselors, teachers and other school employees dealing with student records understand that this information may only be shared with the student and/or parent or legal guardian OR just the student when he/she is 18 years old or older. Educational records may also be shared with another educator with a legitimate
educational interest. Still questions may and do arise.*

*Several years ago, the U.S. Supreme Court was asked to decide if having student work graded in class by fellow students and calling out grades for the teacher to record violated FERPA. In a very common sense and educator-friendly decision, the Court held that such a time-honored practice did not violate FERPA and though not deciding the point, hinted that for purposes of FERPA, this practice may not even involve "student records."

Personally identifiable student information is exactly what it sounds like: any information found in a student's educational record that would make it easy to identify the particular student, e.g., his/her name, parents' names, Social Security or student ID number.

Common issues:
Q: Does a grandparent have a right of access to student records?
A: Only if the grandparent is a properly designated legal guardian or if written permission has been provided by a parent or eligible student.

Q: As a counselor, must I provide educational records and discuss student information with a non-custodial parent?
A: Generally, yes. Custody is not the issue. A parent may be denied access only if his/her rights have been terminated by a court of law or a court order otherwise expressly prohibits access.

Q: I received a subpoena requesting student records. What does this entail?
A: Since the wording of the subpoena is crucial, it should be reviewed by an administrator or records custodian prior to releasing any records. Legal counsel may be necessary in many instances to assure proper compliance with the subpoena.

Texas Education Code (TEC) Chapter 26

Chapter 26 was enacted by the Legislature in 1995 and was intended to promote parents' rights regarding participation in their child's education. TEC Section 26.004 restates FERPA's requirement that school districts must provide parental access to all written records maintained by the district pertaining to their child. Though not exhaustive, the list of such records does specify "counseling records" and
"psychological records." This particular provision provides a good segue to another issue that school counselors sometimes face, especially concerning "counseling records."

Troubled students (especially teens) may seek out a counselor (or teacher) as a confidante regarding personal matters. Some counselors may consider this part of their job. After all, the Texas Education Code states that "The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal and social abilities."

A problem frequently arising involves a minor student's desire for a"confidential" relationship with the school counselor. A student may simply assume that this exists, while at other times the student and the school counselor may believe that
such a relationship is possible simply by agreeing to this. The student may then disclose personal matters to the counselor which he/she is not willing to disclose to his/her parents, and which the student believes must remain confidential. A counselor must always be wary of such matters.

In most cases involving situations like this, there is no legal basis for a confidential relationship between the student and counselor. The school counselor will be legally obligated to share information the student has provided with parents upon request, including written records (per TEC Section 26.004). Also and importantly, the counselor must make sure he/she does not, or does not appear to, encourage or coerce the student to withhold any information from parents. TEC Chapter 26 provides that such is grounds for termination of a school district employee's contract.

Any exceptions?
There is a limited exception that applies to the student records discussed in the immediately preceding paragraph. If the records are kept in the sole possession of the counselor, are used only as a memory aid, and are generally accessible only to the counselor(who must also be a Texas-licensed mental health practitioner, e.g.,
Licensed Professional Counselor), and the counselor has made a determination that the release of such records would be harmful to the student's physical, mental or emotional health, then and only then, may the records be withheld from parents. Certainly seeking legal counsel would be advisable prior to withholding records under these very limited circumstances.

Finally, Chapter 26 does specifically provide an exception allowing counselors and other educators to withhold information concerning the report of suspected child abuse from parents. Note however that there is no provision that allows an educator to direct or encourage a student to withhold such information from his/her parents.

Hopefully this brief discussion of some of the issues will assist school counselors in making the correct call regarding student confidentiality issues. Batter Up!

This article is provided for general information purposes only, and is not intended to replace the advice of an attorney. TCTA members with questions or concerns related to confidentiality of students records should contact the TCTA Legal Department toll-free at (888) 879-8282.

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School counselors and other Texas educators are routinely confronted with issues involving the confidentiality of student records and related information. Decisions must be made - especially by school counselors - concerning receipt of, safekeeping and distribution of such information.

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Step 5: What I Learned About Student/Counselor Confidentiality

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Step 5: What I Learned About Student/Counselor Confidentiality

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Student/counselor confidentiality is a delicate balance between a counselor;s duty to an individual student and their duty to an entire campus. In the event that a student expresses the desire to harm themselves or another student, how should a counselor proceed? What wins out, confidentiality or the oath to prevent harm (Smith,2015)?

FERPA and chapter 26 of the TEC dictate parents' rights to their child's records and any documentation. Counselors seek to create a safe environment for their students, one in which their students fell comfortable and confident in the fact that they can trust the counselor with their secrets, yet laws do not always agree ("Counselors Right Call", 2011).

At times, there can be a fine line between doing what is right for you students and what is outlined by law. As a counselor, and an educator in general, it is imperative to research and remain current on these laws and issues. As more challenges arise for our students, such as discrimination and school violence , our students need us now more than ever. We must equip ourselves to give them the best counselors we can.