# data[].attributes.headline
 Slide 1: Professional Perspective/ Audience/ Topic

# data[].attributes.subject
 Slide 1: Professional Perspective/ Audience/ Topic

# data[].attributes.body
To a school counselor, parental consent can mean many things, including how much care a student can receive, if any. While the school counselor's primary goal is for students to be successful in all aspects of their lives, sometimes parents and school counselors have differing views on what that means. The laws for parental consent vary from state to state. The legal topic is child safety laws because it revolves around keeping children safe and the belief that parents have the authority to decide what that entails. The audience for parental consent laws are all school staff and parents. I chose this topic because it is a hot topic that has been covered a lot in the news.

# data[].attributes.body
The Texas Legislature created statutes to protect the rights of parents regarding their students. Parents have the right to decide what activities their child can participate in. The Texas Education Agency (TEA) is a state agency that ensures that public schools follow all rules and regulations put into place by the federal and state governments. At the federal level, the Department of Education oversees all education and ensures laws are followed. School staff, including administrators, school counselors, and teachers, must ensure that parents know and agree to the instruction their student receives.

In government, one body makes the decisions, and from there, they delegate the overseeing of different rules and regulations. Each department then creates how they plan to enforce that specific laws. The responsibility to enforce the law trickles down and, ultimately, in education, falls in the hands of the school principal. Each principal has to ensure that all employees follow all the laws, rules, regulations, and policies put into place.

(2 Tex. Educ. Code §26.009)

# data[].attributes.headline
Slide 3: Federal & State Constitutional Law

# data[].attributes.subject
Slide 3: Federal & State Constitutional Law

# data[].attributes.body
(U.S. Const. amend. XIV, § 2)

U.S. Constitutional law: The due process clause of the 14th Amendment gives parents the natural right to make decisions about their children (U.S. Const. amend. XIV, § 2). Not abiding by this law could lead to being sued and your certificate being put on the line.

The 14th Amendment gives parents the right to decide for their children as long as they care for them. If parents are not caring for the child as a parent should, the state has the ability to revoke their rights.

U.S. Constitution

Texas Constitutional Law: In the Texas Constitution Article 1 Section 3, everyone is granted equal rights (TX. Const. art. I, §3). So, this section of the Bill of Rights sets the foundation for all rights granted to Texas citizens.

The law states that all men are equal and no person or group of people should have any privileges or earn more money.

Texas Constitution

(TX. Const. art. I, §3)

# data[].attributes.body
Statute: (5 Tex. Fam. Code §151.001)

The state gives parents the right to control all aspects of their child's life but also states what the state expects from the parents (5 Tex. Fam. Code §151.001). This statute set a foundation for all the policies and procedures the Texas Education Agency created.

The code grants parents the authority to make all decisions for their children, but it also lists parents' duties regarding their children. For example, parents must provide food, shelter, medical, dental, and education for their children.

Family Code

Administrative Law:

The states provide guidance for how parents and schools can work together while not limiting parent's rights (2 Tex. Educ. Code §26.001).

The law states that parents should be considered partners of educators, but they are not limited to the rights granted in the Education Code. Trustees should have processes and procedures in place to handle parent complaints, and they should establish parent-teacher organizations at every school.

Education Code

(2 Tex. Educ. Code §26.001)

# data[].attributes.body
Pierce v Society of Sisters (1925)
In Pierce v Society of Sisters (1925), the courts ruled in favor of parents having the authority to decide what type of education their child should receive. It set the precedent that parents have options and do not have to rely solely on public education if they believe it is not in their best interest.

The law granted the parents the right to choose where their child received their education. It states that private and parochial schools are not inferior, and teachers and students can choose if they attend.

U.S. Reports: Pierce v. Society of Sisters, 268 U.S. 510 (1925).

# data[].attributes.body
(26 Tex. Admin. Code §350.207)

Texas provides guidance for parental consent in that they state that a parent can sign a document stating that they were informed of any activity and that they agree for their child to participate (26 Tex. Admin. Code §350.207). This impacts parental consent because it provides schools with the process of enforcing the law.

The law states that parents must give written consent before their child participates in certain activities. Activities including screenings, evaluations, interventions, contacting medical professionals, reporting personally identifiable information, and releasing personally identifiable information.

Texas Administrative Code Title 26

# data[].attributes.headline
Slide 7: Administrative Law/ Policy/ Rule

# data[].attributes.subject
Slide 7: Administrative Law/ Policy/ Rule

# data[].attributes.body
(Midland Independent School District, 2022)

Policy:

Midland Independent School District policy states that unless federal or state law requires, students can not undergo a mental health evaluation without parental consent (Midland Independent School District, 2022). This impacts parental consent because the district is ensuring staff is aware of the parental consent laws and that they enforce the law.

Midland Independent School District Policy

# data[].attributes.body
Documentation: To protect themselves and parents' rights, schools should have parents fill out general consent forms at the beginning of the year so that staff knows what the parent is okay with.

Transparency: Schools should be transparent so schools are aware of what their child is being exposed to. This prevents having to ask for forgiveness if parents do not approve of something.

Continued Education: Educating staff members is essential so that staff is informed of all laws, policies, and procedures.

# data[].attributes.body
(American School Counselor Association, 2022, A.1.g)

The American School Counselor Association (ASCA) ethical standards state that although the school counselor has an ethical obligation to students, this obligation must be balanced with the parental rights to decide what is best for their child (American School Counselor Association, 2022, A.1.g). This standard impacts parental consent because it sets an expectation for counselors; it explains that students' rights should not overshadow parental rights and vice versa.

ASCA Ethical Standards for School Counselors

# data[].attributes.body
Legal and ethical standards are the building blocks for education as a whole. It guides the correct way that students are educated, as well as how students should be protected. The context helped me understand the law better because I was able to understand what brought about the law that was put into place.

Protecting student's and parent's rights is important because it allows for individuality.

The laws also protect school counselors from overstepping and having legal issues because the expectations are clear.

These laws paved the way for my educational goals because the school counselor's role exists because of the laws in place to protect and advocate for children.

# data[].attributes.body
Being transparent will allow parents to know what their child is being exposed to.

Build relationships with parents so they feel comfortable enough to ask questions and not assume the worst in any situation.

Educating parents is important so that they can make educated discussions regarding what they give their consent for.

Saving consent is important to protect the schools in case of any confusion on whether the child should have been exposed to something.

Documenting parent denials is also important because it helps school staff understand the parents and what they would not be okay with. This information can also be useful when planning parent education sessions.

Continued education for all staff members is essential to ensure that all laws are being followed. This will not only the teacher but also the parents' rights.

# data[].attributes.body
2 Tex. Educ. Code §26.009. (2015).

26 Tex. Admin. Code § 350.207 (2022).

5 Tex. Family Code §151.001 (2007).

American School Counselor Association. 2022. ASCA ethical standards for school counselors. American School

Counselor Association. https://www.schoolcounselor.org/ getmedia/44f30280-ffe8-4b41-9ad8f15909c3d164

/EthicalStandards.pdf

Midland Independent School District. (2022). Midland isd

student handbook 2022-23 school year. Midland

Independent School District. https://www.midlandisd.net

/cms/lib/TX01000898/Centricity/Domain/32/20222023

%20Midland%20ISD%20Handbook%20English.pdf

TX Const. art. I, § 3.

Pierce v. Society of Sisters, 268 U.S. 510 (1925)

U.S. Const. amend. XIV, § 2