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My name is Aleyda Garica, I have a bachelors degree in communication from the University of Texas at Brownsville. I am pursing my master’s degree in Guidance and Counseling at San Angelo State University, I hope to finish during Fall 2019. I plan to follow my desire of working with students at an elementary school level.

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Exploration Option 2-

In my review of the American School Counselor Association website, I learned the importance of avoiding dual relationships that might damage objectivity and increase the risk to hurt a student. It is vital to keep information confidential unless legal requirements need information to be released to prevent serious harm to the student or others. ASCA sets high standards of integrity and professionalism. (ASCA, 2016).

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Exploration Option 2-

In my review of NASPA Students Affairs Administrators in Higher Education, I found the staff works to provide insights on federal and state policies that are in relation to student affairs to help student success. Any federal Title IX rules in relation to sexual harassment must promote an environment that prevents sexual harassment, if sexual harassment occurs, a safe environment must be created and give training to those impacted. (Ali,D., 2019). The American Association of State Colleges emphasizes on education state policy issues such as campus sexual assault, state budgets and free speech.

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By Teri Lyn Hinds, Director of Policy Research and Advocacy, January 17, 2019

The current call for public comment on the Department of Education's proposed rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, known more succinctly as Title IX, has occupied a lot of attention since it was opened on November 29, 2018. You may be following the discussions considering what the proposed rule would mean for you and the students with whom you work, and wondering how your individual perspective fits into the conversation If so, we encourage you to draft and submit your own comments by the January 28, 2019 deadline. In keeping with the civic engagement and advocacy goals and objectives of NASPA's strategic plan, we actively encourage higher education professionals to add their expertise to the public comments submitted to the Department. We recognize, however, that many professionals may be sensitive to their institutional roles and responsibilities and hesitant to speak out on issues different from or even in contradiction of comments submitted by their employer. This post by NASPA director of policy research and advocacy, Teri Lyn Hinds, reviews why and how individuals can and should submit comments for consideration by the Department.

By Omari Burnside, Assistant Vice President for Strategy and Practice, January 25, 2019

Since 2016, NASPA has been a part of an ever evolving ecosystem of practitioners, researchers, and advocates who work to identify, promote, and implement practices to help institutions in their efforts to support students facing a financial crisis. On January 9th and 10th, NASPA convened members from this ecosystem to have cross-sector discussions on how to strengthen and scale emergency aid efforts to-date, both nationally and at institutions. This post describes a few takeaways from the convening.

By the AASCU Government Relations and Policy Analysis Division, January 2019

The American Association of State Colleges and Universities (AASCU) highlights ten higher education state policy issues in this month's Policy Matters brief. An increase of one-party state rule could lead to heightened polarization between states that will now be able to move certain measures more quickly through the legislative process. Highlighted issues include: federal policy, the economy, state budgets and college affordability, demographic shifts, economic and workforce development, free college, implementation of the Tax Cuts and Jobs Act, immigration, campus sexual assault and political polarization. The brief also includes honorable mention topics such as guns on campus and free speech.

By Robert Barnes and Dan Lamothe, The Washington Post, January 22, 2019

The Supreme Court lifted nationwide injunctions last week which kept Trump administration restrictions on trans individuals from serving in the military from going into effect. The policy will go into effect until the Supreme court decides to weigh the merits of the case. "As always, we treat all transgender persons with respect and dignity," said Air Force Lt. Col. Carla Gleason, a Pentagon spokeswoman, in an emailed statement. The policy "is NOT a ban on service by transgender persons. It is critical that DoD be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world." According to President Trump, the allowance of trans individuals in the military does not thoroughly consider if it would "hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources."

By Nicole Prchal Svajlenka, Center for American Progress, January 23, 2018

The Supreme Court of the United States (SCOTUS) has declined a request to review one of the injunctions challenging the administration's decision to end the Deferred Action for Childhood Arrivals (DACA) program, making it less likely for the program to be terminated entirely in the near future. Renewal applications for the program remain open and every month between 96 and 100 percent of DACA recipients up for renewal continue to reapply. However, while renewal rates have increased, the number of current DACA recipients has declined from 704,000 in July 2018 to 687,000 as of December 31, 2018. The continuance of DACA continues to be raised in conjunction with a conversation around funding for the border wall, and only Congress can over a permanent solution for the program.

By Benjamin Wermund, Politico, January 28, 2019

"Although three weeks of funding is better than no funding at all, the U.S. research enterprise does not operate anywhere close to full strength when agencies are only guaranteed to be open three weeks at a time," APLU President Peter McPherson said in a statement.

State Summaries

**Check for updates soon. Most states return to session in January 2019**

Federal Summaries

-Primary Sponsor: Rep. Marcia Fudge (D-OH) (Introduced 1/17/2019)

-Latest Action: 1/17/2019 Referred to the House Committee on Education and Labor

-Primary Sponsor: Rep. Duncan Hunter (R-CA) (Introduced 1/24/2019)

-Latest Action: 1/24/2019 Referred to the House Committee on Education and Labor.

-Primary Sponsor: Rep. Anthony Brown (D-MD) (Introduced 1/24/2019)

-Latest Action: 1/24/2019 Referred to the House Committee on Education and Labor

**Want to submit comments of your own? Check out NASPA's Q&A on submitting public comments**

-A Notice by the Education Department on 1/24/2019

-Federal Student Aid (FSA), Department of Education (ED)

Summary: "The Secretary announces the 2019-20 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan (Perkins Loan), Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the "Campus-Based programs"), Catalog of Federal Domestic Assistance (CFDA) numbers 84.038, 84.033, and 84.007, respectively."

-A Proposed Rule by the Education Department on 1/28/2019

-Office for Civil Rights (OCR), Department of Education (ED)

Summary: "On November 29, 2018, the Department published in the Federal Register a notice of proposed rulemaking (NPRM) to amend the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance regulations. That NPRM established a 60-day comment period from November 29, 2018, through January 28, 2019. The Department is extending the public comment period for two days, until January 30, 2019."

Comments or questions? Send us your feedback!

Photo courtesy of Pixabay

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NASPA POLICY PUBLICATIONS & LETTERS OF SUPPORT: Your Role in Our Representative Democracy: Submitting Personal Comments on Proposed Rules By Teri Lyn Hinds, Director of Policy Research and Advocacy, January 17, 2019 The current call for public comment on the Department of Education's proposed rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, known more succinctly as Title IX, has occupied a lot of attention since it was opened on November 29, 2018.

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Exploration Option 3-

In review of the article, to what extent are district schools liable for student’s safety? I found while a schools goal is to educate student’s their other goal is also to provide a safety environment. Many lawsuits have been filed against schools; a most recent lawsuit was filed against a sheriff’s county office and Broward County School after a shooting in Parkland, Florida. The case had several verdicts but involved the same question. To what degree are these individuals responsible for student’s 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.

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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Exploration Option 3-

In review of the article, how far should educators go to help students? I learned while compassion is important to have as an educator, it is most important to keep the legal and ethical issues that may result in mind. Educators sometimes feel the need to help students in need but educators such as superintendent Casey Smitherman of Indiana faces felony charges for insurance fraud, identity deception and misconduct after she took a student to a health clinic. She lied the student was her son with a strep throat infection. She had good intentions but now faces charges she regrets.

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Dive Brief:

Superintendent Casey Smitherman of Elwood Community School District in Indiana faces felony charges for insurance fraud, insurance application fraud, identity deception and official misconduct after she allegedly took a 15-year-old student to a health clinic and claimed he was her son so he could receive medical care, Education Week reports. Smitherman suspected the student - who lives with an elderly relative who doesn't have a car - had strep throat, and she wanted to make sure he got treatment, according to the Indianapolis Star.

While her attorney, Brian Williams, says she had good intentions from the start, Smitherman said she regrets what she did. William said Smitherman is keeping her job, and the prosecutor's office offered her a diversion agreement that, if she doesn't get arrested in a year, would dismiss her charges and allow her to admit to the crime.

Daniel Domenech, executive director of The School Superintendents Association (AASA), told Education Week that "other than breaking the law, there are no limits" on educators helping students. However, he says, educators should caution becoming too emotionally attached to students to the extent that they view them as their adopted children, as well as complying with relevant policies and regulations.

Dive Insight:

Compared to what could have transpired, Smitherman is relatively fortunate in that she may be able to evade any long-term consequences of her alleged actions. It seems many, including the Elwood Community Schools Board's president, back her and understand her motives - even if they agree what she reportedly did was wrong - and the prosecutor's office is working with her to avoid a criminal record. However, the situation allegedly caused her to take illegal measures, including placing the student she helped in a position where he felt he had to hide her actions.

While compassion is a necessary quality for an effective educator, school leaders and teachers need to keep the students' needs in perspective and make sure their responses to those needs are above board. Because school officials are often exposed to children enduring poverty and trauma in their personal lives, many feel the need to provide extra help. And while these actions can be seen as noble and sometimes necessary, they can also lead to a compassion fatigue, which can affect emotional health, job performance and judgment. Teachers who report such a condition sometimes end up leaving the classroom to protect themselves.

Students' neeeds are better addressed by schools and communities as a whole. By sharing the burden, educators can ensure these needs are met without feeling they have to bear the load alone. Schools with good networks of social workers can help locate resources, but this can be a double-edged sword, as educators - including Smitherman sometimes fear the consequences to the student and the family if these actions lead to something like a family separation.

As a result, more schools are turning to the community-centered model, which has health clinics and mental health services available on a school's campus. And additional services, including food pantries and school clothing closets, also help met student needs. These efforts can not only improve student attendance and academic achievement, but also help relieve teachers of too great a burden that comes as a result of compassion.

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How far should educators go to help students?

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Superintendent Casey Smitherman of Elwood Community School District in Indiana faces felony charges for insurance fraud, insurance application fraud, identity deception and official misconduct after she allegedly took a 15-year-old student to a health clinic and claimed he was her son so he could receive medical care, Education Week reports.

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Legal and Ethical Issue of Interest to Me- Confidentiality

After my exploration of legal and ethical issues in the field of counseling, I am most interested in legal issues surrounding confidentiality as I see this to be a main concern for most students. This is interesting to me because I found myself to be the student in school who was unsure of the privacy rights and confidentiality counselors follow in school.

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From my search of the Angelo State University Library, I found Confidentiality with Minors: Mental Health Counselors Attitudes Toward Breaching or Preserving Confidentiality. This article outlines confidentiality as one of the most critical parts of counseling. (Isaacs, M., & Stone, C., 2001). Four approaches are made to minors concerning confidentiality: a child is informed in advance that information will be revealed to their parents or others, no guarantees about information being obtained staying confidential, information will remain confidential without the parents being advised or there will be a limited amount of confidentiality.

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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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From an internet search I did on protecting your privacy, I found the Health Insurance Portability and Accountability Act follows rules to protect medical records, personal information and also mental health. However, during specific situations such as suicide attempts, counselors will require to disclose private information in order to protect the student or client. Any abuse or neglecting will require ongoing investigation and reporting too. Information received by student may also be released with a court order. These ground rules are discussed during the first sit down session with the counselor and student.

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ethical principles of psychologists and code of conduct

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Confidentiality is part of psychology's code of ethics, but laws are also in place to protect privacy. This document explains confidentiality laws and practices.

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As a school counselor, who has a counseling relationship with a student, it is important to have an ethical and legal commitment to keep information contained within the relationship. Confidentiality must be kept unless the information leads to serious harm. As counselors we must support a students right of privacy and protect information received. These relationships require trust and honesty in order for the counseling to be effective. (ASCA, 2016).

Issues such as court orders or physical abuse would require me take further actions by releasing student information to prevent serious harm. In most situations when students are in serious danger, I would have to report any information I received to protect the student or others. If a student presents danger to themselves or to others, I would be required to disclose any information received.

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Ali, D., (2019). Student Affairs Adminstrators in Higher Education. NASPA. Retrieved fromhttps://www.naspa.org/rpi/posts/january-28th-naspa-policy-update

American School Counselor Association, (2016). ASCA National Standards for Students. Retrieved from: http://static.pdesas.org/content/documents/asca_national_standards_for_students.pdf

American Psychological Association. Protecting Your Privacy. Retrieved from https://www.apa.org/helpcenter/confidentiality

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

Harper, A., (2019). Education Dive. Retrieved from https://www.educationdive.com/news/how-far-should-educators-go-to-help-students/546973/

Isaacs, M.L., & Stone, C. (2001). Confidentiality with Minors: Mental Health Counselors’ Attitudes Toward Breaching or Preserving Confidentiality. Journal of Mental Health Counseling, 23(4), 342. Retrieved from https://easydb.angelo.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=f6h&AN=5584361&site=eds-live