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After completing my Master of Education in Guidance and Counseling, I will peruse a career as a school counselor. I prefer to be a counselor at the secondary level.

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The article gives information about the U.S. Department of Education investigating claims that a school district created an unsafe situation when it allowed students to use facilities that correlate with their personal gender identification.
(Blad, 2018)

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The U.S. Department of Education's office for civil rights will investigate whether a Georgia school district created a "hostile environment for girls" when it implemented a policy that allows transgender students to use restrooms and locker rooms that correspond with their gender identities.

The investigation comes after a parent claimed their daughter was sexually assaulted in a girls' restroom at a Decatur City elementary school "by a male student who identified as gender fluid," according to a Sept. 14 letter from the federal agency to an attorney for Alliance Defending Freedom, a conservative Christian organization that has opposed transgender student policies and helped file the Georgia complaint.

The office for civil rights will investigate both the district's policy and how officials handled the family's sexual assault complaint.

The district responded in a statement that said it is "committed to supporting all students."

"We are aware of the unfounded allegations made by the Alliance Defending Freedom," the statement said. "We fully disagree with their characterization of the situation and are addressing it with the Office of Civil Rights."

Hostile and Unsafe?

If the complaint is found to be valid, the investigation could trigger a dramatic shift for how transgender students are treated in public schools and set the stage for legal battles between the federal government-which currently takes no position on transgender student rights-and states that identify gender identity as a protected class in their own laws and policies.

A growing number of states have such nondiscrimination laws, which require schools to allow transgender students to use the restrooms and locker rooms of their choice. At issue in the complaint: Do such policies violate Title IX, the federal law that prohibits sex discrimination in schools, by creating a hostile and unsafe environment for girls?

The office for civil rights has some discretion in what complaints it investigates, taking several steps to determine if the complaint falls under applicable civil rights laws. An investigation does not imply that the agency has determined the complaint has merit, the letter said.

One of U.S. Secretary of Education Betsy DeVos' first official actions was to rescind Obama-era guidance, issued in 2016, that said public schools must allow transgender students to use the restrooms and locker rooms that match their gender identity, or risk a federal civil rights investigation. Citing growing court precedent, that guidance argued that Title IX applies to gender identity, rather than sex. In rescinding the guidance, DeVos and U.S. Attorney General Jeff Sessions took no position on the issue, leaving it to states and districts to interpret federal law.

Advocates for transgender students argue that allowing them access to school facilities that match their gender identity is an issue of basic dignity. In state-level hearings over possible school restrictions, mothers of some transgender students said their children had grown dehydrated when they refused to drink water at school to avoid the need to use restrooms where they felt unsafe.

Several federal judges have sided with transgender students in lawsuits over the issue, citing Title IX and the equal protection clause to the U.S. Constitution.

But opponents of providing such access argue that it violates the privacy rights of other students and creates potential safety risks if, for example, boys use them as an excuse to use girls' facilities.

"This situation was both deeply tragic and avoidable," Alliance Defending Freedom Attorney Christiana Holcomb said in a statement.

"Schools have a duty to protect the privacy and safety of all students and Decatur Schools clearly failed this young girl. The current approach that many schools are taking of passing these transgender bathroom policies isn't working; they fail to provide basic privacy or ensure the safety of all students."

Advocates for transgender students pushed back. Schools have accommodated transgender students without problems for years, they said.

"Every allegation of sexual assault must be taken seriously, and each deserves a full, thorough investigation that respects the rights and privacy of survivors," the National Center for Transgender Equality said in a statement. "We are deeply concerned, however, that the Department of Education will inject politics and ideology into its investigation of the school's handling of this incident," the center's statement said. "We know that policies affirming the rights of transgender students do not increase the safety risks for any child."

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Feds Probing Transgender Policy, Alleged Assault

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The U.S. Department of Education's office for civil rights will investigate whether a Georgia school district created a "hostile environment for girls" when it implemented a policy that allows transgender students to use restrooms and locker rooms that correspond with their gender identities.

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The article discusses the implication of the Michigan Supreme Court's decision to allow school districts to ban guns on campus.
(Quealy, 1018)

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Questions remain after the Michigan Supreme Court ruled that two school districts have the right to ban guns from their schools.

In what looked to be a clear win for the Michigan Association of School Boards as well as gun control advocates, the state Supreme Court on Friday ruled 4-3 in favor of Ann Arbor and Clio school district policies that barred individuals from openly carrying a firearm on school grounds even if they held an exempted concealed pistol license.

Many saw the ruling as a green light for districts to pass their own similar legislation without fear of litigation. That likely is not the case, according to attorney and firearms law professor Steve Dulan.

Dulan, who also serves on the Michigan Coalition of Responsible Gun Owners board of directors, said the ruling failed to adequately address why the school boards' policies did not fall under the umbrella of conflict preemption, which gives state policies precedence over those of smaller governing bodies. Determining whether the policies were conflict-preempted was "unnecessary," according to the court's written opinion.

"It was a missed opportunity to clarify the issue," Dulan said. "It looks like schools are allowed to make policies, however, there's an open question if those policies are in direct conflict state law-and that issue has yet to be re-litigated."

The court did rule on field preemption, stating school districts are not defined as a "local unit of government" and as such are not subject to their policies being overruled by the state. Michigan law prohibits a local unit of government from banning the possession of firearms.

"The Legislature has the authority to preempt school districts from adopting policies like the ones at issue that regulate firearms on school property. However, not only has the Legislature not done so, it has expressed its intent not to preempt such regulation," the court's opinion read.

Brad Banasik, legal counsel for the Michigan Association of School Boards, said the court's ruling hasn't really changed anything other than supporting and upholding the authority of school districts to adopt such policies.

"We respect the court's decision and following their rules and precedent, but on the same token we certainly don't want additional lawsuits filed against school districts," Banasik said. "We believe there is no place for firearms on school property, outside of the very limited exceptions that are included in the law."

Although it won't be a violation of state law for an individual openly carry a firearm on school property, districts can enforce their policies through trespass violations or other ordinances regulating unauthorized persons on school grounds.

Nick Ceglarek, Traverse Bay Area Intermediate School District superintendent, said there has been some confusion around the law and that there is still some trepidation despite the court's decision.

"Districts are always cautious in establishing policy that may run counter to established laws. When there's question or indecision, we rely on court rulings," Ceglarek said. "Each local district is going to have to decide how they're going to approach this. Even if there is a chance a district is opening itself up to litigation, I think there's substantial cover based on the Supreme Court's ruling."

Justice Kurtis Wilder said in his dissent that it is only a question of when-if-this matter is brought before the court again.

"In order to fully resolve the ultimate issue before us ... it is necessary to determine whether those policies are in conflict with one or more statutes enacted by the Legislature," Wilder wrote. "The majority has provided only partial guidance and left lingering doubts."

Traverse City Area Public Schools dealt with the issue in 2014 when someone attended a board meeting legally carrying a firearm.

"When you see someone carrying a gun into a meeting, it raises your awareness level and then you come to grips with the fact that it's legal," TCAPS Superintendent Paul Soma said. "What can you do? There's not a lot of discussion to have at that point."

Soma has been outspoken against allowing guns on school grounds, but he said the current policies have worked out well for both sides.

"We've kind of settled into a pretty reasonable spot in having established a policy and practice that was respectful of the laws on the books and did the best job of creating a safe and secure environment," he said. "Who wants to keep getting into those kind of battles when we've found a reasonable and respectful place that advocates on both sides have accepted?"

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Open Carry Issue in Michigan Schools May Not Be Settled

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Questions remain after the Michigan Supreme Court ruled that two school districts have the right to ban guns from their schools.

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Exploration Option 4 - The Educator's Guide to Texas School Law (8th ed.)

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Exploration Option 4 - The Educator's Guide to Texas School Law (8th ed.)

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Privacy Issues
This section of the book discussed the issue of privacy and confidentiality. The section presents information about Texas Open Meetings, explaining the community's right to have access to school meetings. The section discussed employee rights and issues of employee drug testing, employee use of school property to hold personal items, and electronic correspondence. The section also presented information about student drug testing, and the guidelines for student's personal privacy as well as student records. (Walsh, Maniotis, & Kemerer, 2014)

Religion in the Schools
The information in this section of the book refers to the mention of religion in the United States Constitution, citing previous Supreme Court cases that have shaped the laws regarding religion in public schools. The section clarifies that schools must approach religion from an educational purpose, not religious practice. Schools can teach about religion but can not facilitate the practice of religion. The books also references contemporary issues regarding religion in schools, such as the pledge of allegiance, religion based student groups, wearing religious symbols and distributing religious materials. (Walsh, Maniotis, & Kemerer, 2014)

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Legal and Ethical Issue of Interest to Me- Confidentiality  

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Legal and Ethical Issue of Interest to Me- Confidentiality  

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After exploring legal and ethical issues related to education, I am most interested in the topic of confidentiality for students and student records.

I am interested in the topic of confidentiality because I found it to be a common issue to be aware of regardless of specific role in education.

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When researching confidentiality and FERPA using the Angelo State University Library, I found a journal article discussing how FERPA guidelines are outdated and in need of change due to advancements in technology. (Underwood, 2017)

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Angelo State University - Library Online Resources

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Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

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The attached document is provided by the American School Counselor Association and is an outline of confidentiality as it relates to the role of a school counselor.
(American School Counselor Association, 2018)

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Step 5: Exploring Confidentiality Summary 

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Step 5: Exploring Confidentiality Summary 

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The issue of privacy and confidentiality is major in education. Regardless of the position in education, it is important to always be aware of infringing on the rights to privacy and confidentiality of students and employees. Although the main concepts of the foundation of FERPA may be the same, it is argued that laws need to be updated to account for the growth in technology. Students records, such as testing data, is being used in ways that could not have been imagined in when FERPA was created. Data is a trend that is not going to fade away and is in fact opening up opportunities for individualized and personalized learning, instead of traditional age-based grouping in schools. (Underwood, 2017)

Confidentiality is a major component in the realm of counseling. Students depend on the promise of confidentiality to seek guidance from school counselors. It is important that counselors know exactly what issues and concerns are protected by privacy laws. It is also crucial that counselors know in what instances confidentiality must be broken in order to protect the student’s best interests. Counselors must also explicitly understand what information can be shared with other educators, on the basis of “need-to-know”. A school counselor can have two different types of information about a student. As stated in the statement by the American School Counselors Association, counselors must be especially mindful to keep personal notes separate from student records. (ASCA, 2018)

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References

Association, A. S. (2018). The School Counselor and Confidentiality . Retrieved from American School Counselor Association: https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Confidentiality.pdf

Blad, E. (2018, October 9). Feds probing transgender policy, alleged assault. Education Week, 38(08), p. 13. Retrieved from https://www.edweek.org/ew/articles/2018/10/10/feds-probing-transgender-policy-alleged-assault.html

Quealy, B. (2018, August 3). Open carry issue in Michigan schools may not be settled. Education Week. Retrieved from https://www.edweek.org/ew/articles/2018/08/03/open-carry-issue-in-michigan-schools-may.html

Underwood, J. (2017). You say "records," and I say "data": FERPA, the most widely used federal education law, has not kept pace with changing times. Phi Delta Kappan, 98(8), 74-75. Retrieved from https://easydb.angelo.edu/login?url=http://search.ebscohost.com/logi

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator's Guide to Texas School Law (8th ed.). Austin: University of Texas Press.