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After completing a master's degree in guidance and counseling from Angelo State University, my goal is to become a school counselor at the secondary level.

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Exploration Option 1 - Top Five Legal Issues According to a School Counselor

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Exploration Option 1 - Top Five Legal Issues According to a School Counselor

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I spoke with Rebecca McAnally, counselor of Olney Junior High, to learn more about the legal and ethical issues she has faced in her role. Below are the top five legal issues we discussed.

1) Mrs. McAnally stated that she is careful to listen for issues that may need to be reported to (Child Protective Services (CPS). In a nearby district, a principal and counselor both had their licenses revoked for not properly reporting abuse, so she would rather over-report than under-report situations that could be considered questionable. The most important goal is to protect students and to intervene via CPS when students may potentially be in danger. In addition, educators must be sure all issues are correctly documented, reported, and addressed by the proper authorities to protect themselves.

2) Specific anti-bullying policies are of greater importance as a result of the passage of David's Law. After a recent band trip, videos and pictures emerged on cell phones showing a student being bullied. In accordance with David's Law, Mrs. McAnally said that she and the principal worked together to make sure that the parents of the victim were contacted within the three day window. They also contacted the parents of the student who acted as the bully.

3) In a district the size of Olney, the counselor at each campus is responsible for 504 coordination. Mrs. McAnally is legally responsible for ensuring that each student is receiving the prescribed 504 accommodations because equal access to education is considered a civil right.

4) Suicide is a growing concern among adolescent students. When a student communicates that they are having suicidal thoughts, Mrs. McAnally calls the student into her office to discuss the matter further. The parent is asked to come to the school and is made aware of the risk. The parent then signs a document saying they have been made aware that their student has expressed suicidal thoughts. Within the next day or so, Mrs. McAnally follows up with the parent to see how the discussions have gone at home and if the family is planning to seek counseling or any other form of mental health assistance for the student.

5) Title IX reporting is also one of Mrs. McAnally's legal responsibilities. She is tasked with identifying students that fall under the 13 Title IX categories and then generating the complete list of students considered at-risk.

(R. McAnally, personal communication, June 6, 2018)

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Admin./Dist. - District Info - Comptroller's Website

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

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

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As I explored the legislative affairs area of the ASCA website, I noticed a response to the proposed  School Safety and Mental Health Services Improvement Act, which was created in response to recent school shootings. The response included the ASCA, the National Association of School Psychologists (NASP), and the School Social Work Association of America.  These professional organizations joined together to show support for the proposed increase in funding for more school counselors, school psychologists, and social workers. All three groups, however, adamantly oppose the idea of arming educators or providing financial incentives for educators who are willing to carry fire arms.

The Frequently Asked Questions (FAQ) section of the ASCA legal and ethical tab addressed the difference between self harm and suicidal behavior. This is an interesting distinction that has different reporting responsibilities. The counselor is tasked with determining if self harm is a result of suicidal ideation or an addictive behavior. If the behavior is addictive, the parents should still be made aware, although the procedure for making the parent aware may not be as immediate compared to a suicide risk. The counselor may be able to help the student become more comfortable talking to their parents about self harm behavior.

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Not-Found - American School Counselor Association (ASCA)

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Exploration Option 2 - National Education Association (NEA) Legal and Ethical Issues 

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Exploration Option 2 - National Education Association (NEA) Legal and Ethical Issues 

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After exploring the NEA website, I learned that the Every Student Succeeds Act (ESSA) has replaced No Child Left Behind (NCLB). The main difference between the to pieces of legislation seems to be that ESSA shifts the focus of decision-making more towards the state and local level than NCLB. There is even mention of reducing the importance of standardized testing and allowing states to choose the ACT, SAT, etc. as an assessment option instead of state testing. I also learned that grants through ESSA are scheduled to increase gradually each year but funds are pending appropriations from Congress.

I was interested in the human and civil rights section of the NEA website. This area contains advocacy information and strategies for DACA students, LGBTQ students, addressing institutional racism, restorative justice and more. This section discusses how education is a basic civil right and if students are excluded because of sexual orientation, immigration status or race, then their civil rights are being infringed upon. As a counselor, upholding each student's right to education is an important part of the job, so the NEA website will be a key resource for advocating for all students.

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NEA Human and Civil Rights understands that education advocacy and social justice advocacy go hand in hand. Use these NEA resources on key social justice issues and toolkits to get active today!

How Educators Can Advocate for English Language Learners ( PDF, 955 KB, 44 pgs)

This amazing guidebook is the latest tool in our advocacy arsenal for educators, families, and community members who need practical strategies and step-by-step instructions on fighting for the rights of America's fastest-growing student group: ELL students.

Immigration

If you do not currently have DACA and are considering whether to apply for it for the first time, we recommend that you not do so at this time. If you already have DACA and are considering whether to apply to renew it, immigration authorities already have the information on your original application, so there is less risk in submitting the renewal application.

"Super DACA Defenders" Comic book in English ( PDF, 773 KB, 1 pg.) andChinese ( PDF, 813 KB, 1 pg.) created by student Ben Kaibin Xiao with the support of a NEA MCOP Department Grant.

Legal Issues for School Districts Related to the Education of Undocumented ChildrenThis booklet discusses 13 legal questions commonly asked by school board members and school administrators related to undocumented students.

Your Students and Immigration Raids: What You Can Do Advocate for policies that protect students, see how to share rights information with students' families, and discover more tools to respond to students' needs.

Download the poster:

Dreamers Welcome (JPEG, 1200 x 1575)

LGBTQ

A student's chances for success should not depend on living in the right zip code, winning a charter lottery, or affording private school. Use these resources to help ensure that every has child equal opportunity and access to a system of publicly funded, equitable and democratically controlled public schools:

download, print, and share the postcard:

watch the Video:

A Tale of Two Children. Two Zip Codes. Two Outcomes. Time for a Change. (2:22)

take action:

NEA members unanimously adopt plan to address institutional racism in our schools and communities.

read the strategy:

watch the video:

NEA Members speak out about institutional racism (4:21)

School to Prison Pipeline/Restorative Justice

take action and share the meme on social media:

Educators support latest effort in Congress to restore voting rights EdVotes.org

NEA partners bring free voting rights to the classroom:

Teaching Tolerance Bridge to the Ballot
Democracy Class: Rock the Vote

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How Educators Can Advocate for English Language Learners ( PDF, 955 KB, 44 pgs) This amazing guidebook is the latest tool in our advocacy arsenal for educators, families, and community members who need practical strategies and step-by-step instructions on fighting for the rights of America's fastest-growing student group: ELL students.

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Legal and Ethical Issue of Interest to Me - Upholding Student Civil Rights as a School Counselor

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Legal and Ethical Issue of Interest to Me - Upholding Student Civil Rights as a School Counselor

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As a result of my research into legal and ethical issues that impact school counselors, I am interested in exploring the counselor's role in upholding the constitutional and civil rights of students most often targeted for harassment or bullying. I am interested in this topic because I am concerned about all students, specifically LGBT, students in minority groups, those impacted by DACA, etc. feeling as though school is a safe environment that encourages learning.

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Researching a School Counselor's Responsibility to Uphold Student Civil Rights 

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Researching a School Counselor's Responsibility to Uphold Student Civil Rights 

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In my research about a school counselor's responsibility to uphold the civil rights of students, I came across the U.S. Department of Education website. Specifically, I found a 2010 letter from the Assistant Secretary from Civil Rights, Russlyn Ali, addressing student civil rights in relation to Title IX of the Education Amendment of 1971 and Title VI of the Civil Rights Amendment of 1964.

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sex discrimination; bullying; harassment; student-on-student  harassment; gender-based harassment; sexual harassment; disability harassment

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Dear Colleague Letter from Assistant Secretary for Civil Rights Russlynn Ali.-- Pg 1

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Dear Colleague letter from Assistant Secretary for Civil Rights, Russlynn Ali, concerning recipients' oobligations to protect students from student-on-student harassment on the basis of sex, race, national origin and disability.

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Researching a School Counselor's Responsibility to Uphold Student Civil Rights 

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Researching a School Counselor's Responsibility to Uphold Student Civil Rights 

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In my research about student civil rights in the Angelo State library, I found an article entitled "Creating Safe and Welcoming Schools for LGBT Students: Ethical and Legal Issues." Although the article is written mostly about LGBT students, the overall legal and ethical principles apply multiple student groups.

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Ali, R. (2010). Dear colleague letter. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html

American School Counselor Association. (2018). Legal and ethical FAQ. Retrieved from https://www.schoolcounselor.org/school-counselors-members/legal-ethical/legal-ethical-faq

American School Counselor Association. (n.d.). Response to school safety and mental health services improvement act. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Legislative/statement.pdf

Jacob, S. (2013). Creating safe and welcoming schools for LGBT students: Ethical and legal issues. Journal of School Violence, 12, 98-115. doi: 10.1080/15388220.2012.724356

Nation Education Association. (n.d.). ESSA implementation begins. Retrieved from http://www.nea.org/home/65276.htm

National Education Association. (n.d.). Human and Civil Rights. Retrieved from http://web.archive.org/web/20170920101840/http://www.nea.org//home/64654.htm

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What I Learned About the School Counselor's Role in Upholding Student Civil Rights

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What I Learned About the School Counselor's Role in Upholding Student Civil Rights

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The Jacob (2013) article focuses primarily on issues related to LGBT students, but the same basic principles can apply to any student group that my experience unequal treatment or bullying. The article discusses general ethical principles that are upheld by organizations such as the National Education Association and the American School Counselor Association. One broad theme is to do no harm, which includes protecting students from harmful situations (Jacob, 2013). For example, if a student tells a the school counselor that they are being bullied, the counselor is ethically obligated to address the situation to protect the student from further harassment. Another issue discussed is to respect a student’s choice as well as their right to voice opinions. A dividing line is drawn, however, when a student voices an opinion that is harmful to another student, especially if the statements are discriminatory based on race, religion, or sexual orientation (Jacob, 2013).

Jacob (2013) also points out that the equal protection clause of the 14th Amendment guarantees that states may not make a free public education available to some but not others. If students feel harassed or uncomfortable in their school because of the way they are treated by peers or school staff members, then their civil and constitutional rights are being infringed upon. The legal and ethical duty of a school counselor is to ensure that all students are granted a safe and welcoming environment in which to learn. A principal may be responsible for punishing a student who has harassed another student based on race, gender, sexual orientation, etc., but punishing an action does not necessarily mean that the issue is addressed. The school counselor is in the unique position to discuss the issue at hand with both students (preferably separately at first), to ensure that the victim has been given the opportunity to process the incident. Additionally, the counselor may attempt to work through a form of restorative justice with the student who inflicted the pain. All of this is done in an effort to make the victim feel safe again and for the perpetrator to learn from their mistakes.

Ali (2010) discusses specific instances of harassment and how, when not properly handled, students are left feeling unsafe and unwelcome in their own school. For example, the letter mentions a situation where multiple African-American students received notes in their lockers containing threats and racial slurs. If the principal is able to find out the identities of the perpetrators and punishes them, that may serve some justice, but the underlying theme of racism has not been addressed (Ali, 2010). The victims will not feel safer simply because the perpetrator has been served a punishment. In this instance, according to Title VI of the Civil Rights Act of 1964, the victims have experienced discrimination based on race which has not been adequately addressed. Therefore, by law, the civil rights of the victims are being violated (Ali, 2010). In this situation, a school counselor would be obligated to have conversations, not just with the perpetrators, but within classrooms throughout the school to discuss racial tensions. The counselor could also research best practices for discussing racial sensitivity in tense situations.

All school personnel should be committed to creating a comfortable learning environment for students, but the information I have researched has illuminated the legal and ethical obligations counselors have to students as well. Counselors are not tasked with discipline issues, so they are situated to help students, both the bullies and victims, to work through harassment incidents. In doing so, the counselor insures that the civil rights of students are upheld.