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As a future middle school counselor, the topic of freedom of expression for students, especially middle schoolers, remains an integral cornerstone to my comprehensive school counseling program. According to the American School Counseling Association, "all students have the right to be respected, be treated with dignity and have access to a comprehensive school counseling program that advocates for and affirms all students from diverse populations" (ASCA, 2016). Middle school teachers, students, and parents will serve as the targeted audience as the topic of freedom of expression in schools is unpacked. As a school counselor, understanding the importance of empathizing and advocating for students and their needs is vital in shaping the next generation of leaders.  In fact, “when school counselors successfully address students’ emotional and behavioral challenges early in their school experience, students are more likely to develop resiliency skills, complete high school and be more successful in life” (Bardhoshi, Cobb & Erford, 2019, p. 1, para 2). By being open-minded and encouraging to my students, I can better serve and support them and their needs.

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Slide #2: Interview with Ms. Adriana DuPrau

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Slide #2: Interview with Ms. Adriana DuPrau

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Adriana DuPrau serves as the curriculum coordinator and student life liaison for The New Century School, a progressive multilingual Montessori academy located in Baltimore, Maryland. Ms. DuPrau believes strongly in the notion of "students expressing themselves freely and feeling comfortable in their own skin, especially while at school" (A. DuPrau, personal communication, March 9, 2021). She argues that middle school is "such a developmentally challenging time as students push the boundaries of what they think and how they feel about who they are. Having laws like the first amendment that celebrate their freedom of expression while on campus is huge" (A. DuPrau, personal communication, March 9, 2021). Ms. DuPrau also discusses how working in a private school enables staff and students to have meaningful conversations that celebrate the diversity and dignity of students. She emphasizes that "The New Century School recognizes students from all backgrounds and walks of life...we support each other's differences and educate one another about them" (A. DuPrau, personal communication, March 9, 2021). According to Ms. DuPrau, three best practices for observing freedom of expression in schools include:
1. Allowing educators to create learning environments that are conducive to students acquiring the knowledge and skills for defending their personal mindsets and liberties.
2. Encouraging students to celebrate each other's differences while also advocating for their own ideas and beliefs.
3. Requiring that educational institutions continue to evolve with current policies that promote freedom of expression.
Ms. DuPrau candidly shares about the ramifications of not supporting students' freedom of expression and identity with a story about a transgender student and his battle against the dress code policy in his former school. This student, who decided to identify as a female once (s)he began seventh grade, was forbidden from growing her hair out and wearing makeup and earrings per the public school district's policies. As a result, this student fell into a deep depression and began exhibiting suicidal tendencies. Bullying by classmates who were intolerant and discriminant of her desired gender change also began at this time. Ultimately, this student felt forced to change schools so that she could be better supported by a more relaxed school policy that allowed her to celebrate her gender and mindsets about typical gender norms. Ms. DuPrau uses this story to reiterate how important it is for schools to provide a safe and welcoming environment where students feel free to express themselves responsibly and be accepted for who they choose to be.

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Slide #3: The American School Counseling Association

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Slide #3: The American School Counseling Association

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In the midst of the highly charged 2020 election that was fraught with emotion, school counselors were more pivotal than ever in creating safe and supportive environments for students and staff members where political views could be shared diplomatically. The American School Counseling Association advised that counselors review school and district policies prior to engaging in civil discourse about the election and its aftermath with students (ASCA, 2020). In this resource for counselors, the ASCA offered several suggestions on how to create safe school environments, including "reminding students that their strong emotions will pass, helping students process information or images they find inflammatory in print, television and social media, and checking in with students who may be at risk for bullying and harassment, recognizing that all students have the right to be treated equally and fairly with dignity and respect as unique individuals, free from discrimination, harassment and bullying" (ASCA, 2020).

American School Counselor Association. (2020). Election conversations and resources. Retrieved from https://www.schoolcounselor.org/Publications-Research/Publications/Free-ASCA-Resources/Election-Conversations-and-Resources

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In a case that rocked racial tensions in the area and shook the policies of one school district to its core,  high school senior DeAndre Arnold faced a violation of his constitutional rights.

According to the U.S. Constitution, the fourteenth and fifteenth amendments protect students by requiring them to have due process prior to the removal of their "life, liberty, or property" (U.S. Const. Amend. VX; U.S. Const. Amend. IVX).

In this circumstance, Arnold’s property is his education, and his suspension from school deprives him of this property.

In addition, the school district’s policy of shorter hair for males infringes on Arnold’s constitutional right to freely express himself.

Asmelash, L. (2020). If this Texas student does not cut his dreadlocks, he won't get to walk in graduation. Retrieved from https://www.cnn.com/2020/01/23/us/barbers-hill-isd-dreadlocks-deandre-arnold-trnd/index.html

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In a win for Christians everywhere, the United States Supreme Court sided in favor of Chike Uzuegbunam after his school prevented him from expressing religious views in a free-speech zone on campus.

Uzuegbunam had sought out specific permits that allowed him to handout religious paraphernalia, yet was silenced by campus leaders.

As a result, Uzuegbunam faced violation of his constitutional rights, specifically his first amendment rights that warrant freedom of speech and expression.

ABC News. (2021). Supreme Court sides with Christian students silenced on Georgia campus. ABC News. https://abcnews.go.com/Politics/supreme-court-sides-christian-students-silenced-georgia-campus/story?id=76320592.

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Source of Law: Constitutional law created by The United States Constitution

First Amendment (U.S. Const. amend. I)

guarantees freedoms concerning religion, expression, assembly, and the right to petition.

prohibits Congress restricting religious practices or promoting one religion over others.

ensures freedom of speech and expression for all citizens.

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Source of Law: Administrative law created by the Texas Education Agency.

Texas Administration Code 19 (19 TAC § 4.4)

students are excused from attending classes or other required activities during the observance of religious holidays.

students are not penalized for absences related to the observance of religion.

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Source of Law: Judicial law created by The United States Supreme Court.

Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)

school officials are prohibited from infringing on students' first amendment rights and liberties unless they disrupt the educational process.

students are able to maintain the rights of freedom of speech and expression while at school with certain exceptions:

violating attendance policies

violating the education of themselves or others

materially disrupting the campus

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Source of Law: Judicial law created by The United States Supreme Court

Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)

students' first amendment rights are not violated when a school restrictions regard school-sponsored publications.

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Slide #10: Local Administrative  Policy: Seattle Public Schools Inclusive Dress Codes

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Slide #10: Local Administrative  Policy: Seattle Public Schools Inclusive Dress Codes

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Seattle School Board Policy 3224 ensures that all students are welcomed and supported in expressing themselves freely and individually. This district wide dress code policy promotes inclusivity and equitability by focusing less on what students wear and more on their education. The dress code simply states that students must wear a top, bottom, and footwear while also refraining from displaying private areas.

Seattle Public School District. (2019). Inclusive Dress Policy. Seattle Public Schools. https://www.seattleschools.org/district/calendars/news/what_s_new/inclusive_dress_policy

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School counselors are agents of change in their school systems by advocating for the needs of students while connecting them to additional resources that aid students' academic, social and personal development. According to ASCA ethical standard A.1.f, school counselors must "Respect students’ and families’ values, beliefs, sexual orientation, gender identification/expression and cultural background and exercise great care to avoid imposing personal beliefs or values rooted in one’s religion, culture or ethnicity" (ASCA, 2020).  As a result, school counselors must create school counseling programs that treat students with dignity and encourage their freedom of expression.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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As a middle school educator and future school counselor, I am firmly aware of how important acceptance and inclusion are across middle school campuses. Middle schoolers are undergoing fundamental developmental changes that alter brain wiring and ideas regarding the sense of self. Ensuring that these students are able to express themselves freely as they begin to question the mindsets and beliefs of their upbringing is essential to creating a future of strong leaders and advocators of change. As a passionate advocate for my own students, better understanding the laws and their associated liberties will help me empower my students to reach their fullest potentials. I believe that as counselors we are integral in shaping the next generation to be passionate leaders, thinkers, and innovators. By supporting our students’ thought processes, regardless of how unrealistic they may appear, we are empowering them to become stronger advocates for themselves and others.

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Slide #13: List of Recommendations/ Best Practices for Compliance

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Slide #13: List of Recommendations/ Best Practices for Compliance

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Provide a safe space for students to openly discuss their thoughts and feelings.

Encourage and promote sensitivity and acceptance of diversity among staff and students.

Help students understand that their opinions can differ from others.

Educate students about their liberties and the laws that protect their freedom of expression.

Encourage students to speak up for matters that register strongly with them and to find a way to make their voices heard.

Check local and district policies regarding how to speak to students about their First Amendment rights.

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ABC News. (2021). Supreme Court sides with Christian students silenced on Georgia campus. ABC News. https://abcnews.go.com/Politics/supreme-court-sides-christian-students-silenced-georgia-campus/story?id=76320592.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

American School Counselor Association. (2020). Election conversations and resources. Retrieved from https://www.schoolcounselor.org/Publications-Research/Publications/Free-ASCA-Resources/Election-Conversations-and-Resources

Asmelash, L. (2020). If this Texas student does not cut his dreadlocks, he won't get to walk in graduation. Retrieved from https://www.cnn.com/2020/01/23/us/barbers-hill-isd-dreadlocks-deandre-arnold-trnd/index.html

Bardhoshi, G., Cobb, N., & Erford, B. T. (2019). Determining evidence-based outcomes in school-aged youth: Free-access instruments for school counselor use. Professional School Counseling, ²²(1b), 1–10. doi:10.1177/2156759-19834431

Seattle Public School District. (2019, October 7). Inclusive Dress Policy. Seattle Public Schools. https://www.seattleschools.org/district/calendars/news/what_s_new/inclusive_dress_policy.