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My professional perspective is from the role of elementary principal. This legal Padlet can be accessed by K-12 educators as a resource to learn more about the law and how it pertains to student mental health, social-emotional learning and their academics.

I chose this topic because there are many more students today that are living in mental health crises. As educators, it is our duty to protect their lives in all aspects.

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As a principal, I will have to keep mental health of students and teachers at the forefront. If students don’t have the capacity to learn because of emotional/mental health issues, we have to address those issues along with academics. It helps to have an effective school counselor and counseling program that benefits students who need it. It is important to stay informed by trainings and laws. When we are made aware of any mental health issues, we must act on them and provide help whether it is student or employee. Districts have several protocols including one for suicide concerns that campus administrators are required to complete immediately.

Best Practices:
* Act immediately
* Youth Mental Health First Aid training
* Build relationships with students to prevent serious issues
* Follow protocol exactly as it is provided

Since Covid, students have seemed to struggle more and more and fall prey to the idea of suicide to end their problems. We must be on guard to changing behaviors. Students have been lacking socializing appropriately, and that is something that needs to be retaught. We must be alert and proactive to prevent that path for students of all ages.

Christy Strayhorn, former elementary principal
Burleson ISD - Burleson, TX

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Association of Texas Professional Educators. (2018, September). Mental health first aid course available for educators. https://www.atpe.org/About-ATPE/News-Media/ATPE-Blog/2018/September/Mental-Health-First-Aid-Course-Available-for-Educa

This resource points educators to a free resource for mental health first aid. It teachers educators how to identify persons with possible mental health struggles and how to approach the subject with that person.

https://www.atpe.org/About-ATPE/News-Media/ATPE-Blog/2018/September/Mental-Health-First-Aid-Course-Available-for-Educa

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Association of Texas Professional Educators

Mental Health First Aid is an eight-hour instructor-led course that can teach you to identify the signs and symptoms of mental health and substance use problems in students in your classroom or school.

This public education program introduces participants to risk factors and warning signs of mental health problems, builds understanding of their impact, and overviews appropriate supports. The course uses role-playing and simulations to demonstrate how to offer initial help in a mental health crisis and connect people to the appropriate professional, peer, social, and self-help care. The program also teaches common risk factors and warning signs of specific illnesses like anxiety, depression, substance use, bipolar disorder, eating disorders and schizophrenia.

Mental Health First Aid is included on the Substance Abuse and Mental Health Services Administration's National Registry of Evidence-based Programs and Practices (NREPP).

The course is available at no cost to Texas public school teachers through your local mental health authority. At the completion of the course, you will receive a course manual to keep. Teachers can receive eight continuing professional education credits for the course by using the code 902219.

Not an ATPE member? Join today to take advantage of ATPE's professional development opportunities for teachers, principals, and paraeducators.

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Mental Health First Aid Course Available for Educators

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Association of Texas Professional Educators Mental Health First Aid is an eight-hour instructor-led course that can teach you to identify the signs and symptoms of mental health and substance use problems in students in your classroom or school.

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Pearson Assessments. (2022, August). Is universal screening the secret to a more successful school year? 3 steps to implementation. K-12Dive. https://www.k12dive.com/spons/is-universal-screening-the-secret-to-a-more-successful-school-year-3-steps/628495/

* 3 steps to implementing a universal screener for mental health
* The mental health crisis is on the rise in young students
* Early intervention is critical
* It's important to communicate with the parents about the screening and the findings

https://www.k12dive.com/spons/is-universal-screening-the-secret-to-a-more-successful-school-year-3-steps/628495/

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Is universal screening the secret to a more successful school year? 3 steps to implementation.

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Learn more about the advantages and considerations that can support the smooth implementation of universal screenings.

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Riser-Kositsky, M.(2022, March 28). Data: Does your state have enough school psychologists and counselors? Education Week. https://www.edweek.org/leadership/data-does-your-state-have-enough-school-psychologists-and-counselors/2022/03

* Describes the roles of the school psychologist and school counselor for students

* Notes the importance of student mental health and having access to school psychologists and counselors

* Gives data per state as to the percentages of schools having the correct ratio of students to school psychologists

* Gives data per state as to the percentages of schools having the correct ratio of students to school counselors

https://www.edweek.org/leadership/data-does-your-state-have-enough-school-psychologists-and-counselors/2022/03

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School psychologists and counselors are crucial to supporting the mental health and well-being of students in school. This is especially true as kids' mental health needs continue to rise and survey data show that students are asking for more school-based mental health services.

But an original analysis of federal data by Education Week finds that many school districts fall way below recommended staffing levels for both professions.

What do school psychologists do? What do school counselors do?

While there is often some overlap in the roles psychologists and counselors play in schools, the National Center for Education Statistics' Common Core of Data provides definitions of the roles of school psychologists and counselors that include these responsibilities:

School Counselors/Directors are professional staff assigned specific duties and school time for:

counseling students and parents,

addressing learning problems,

evaluating students' abilities, and

assisting students in career and personal development.

School Psychologists are professional staff members who provide direct and indirect support, including prevention and intervention, to evaluate and address:

students' intellectual development,

academic success,

social-emotional learning, and

mental and behavioral health.

How many students have no access to school psychologists or counselors?

While most schools do have school psychologists and counselors, some do not have any.

More than 5.4 million public school students (12%) attend districts with no psychologists.

Almost half a million students (1%) attend districts with no school counselors.

What percent of students have adequate access to psychologists and counselors at school?

The National Association of School Psychologists recommends a ratio of one psychologist to 500 students and the American School Counselor Association recommends a ratio of one school counselor to 250 students.

Only 8% of districts meet the recommended ratio of school psychologists to students.

Just 14% of districts meet the ideal student-to-counselor ratio.

Is a district's demographic makeup correlated with meeting the psychologist or counselor ratios?

In general, districts with a higher percentage of white students more often meet the recommended mental health support staff-to-student ratios.

Six percent of districts where less than half of students are white met the psychologist ratio, compared with over 9% of districts where more than half of students are white.

Ten percent of districts where white students make up less than half of enrollment met the recommended counselor-to-student ratio, while 16% of districts where white students make up 50% or more of their enrollment met the recommended ratio.

What percentage of students in your state have access to the recommended ratios of school psychologists and counselors?

Only in Maine, North Carolina, and the District of Columbia do more than half of students have adequate access to school psychologists. And only in New Hampshire and Vermont do more than half of students have adequate access to school counselors.

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Data: Does Your State Have Enough School Psychologists and Counselors?

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School psychologists and counselors are crucial to supporting the mental health and well-being of students in school. This is especially true as kids' mental health needs continue to rise and survey data show that students are asking for more school-based mental health services.

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National Archives. (2018, November 16). The Declaration of Independence. National Archives. https://www.archives.gov/founding-docs/declaration

‌* Unalienable rights: life, liberty, and pursuit of happiness

* Vision of a better life

* Requires freedom and rights to all citizens

* Free and equal education

https://www.archives.gov/founding-docs/declaration

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Español We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Preamble to the Declaration of Independence The Declaration of Independence states…

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H.R.1109 - 116th Congress (2019-2020): Mental Health Services for Students Act of 2020. (2020, September 30). https://www.congress.gov/bill/116th-congress/house-bill/1109/text

H.R.1109 - Mental Health Services for Students Act of 2020
* An Act to amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.

* Services must include access to:
(1) developmentally, linguistically, and culturally appropriate;
(2) trauma-informed; and
(3) incorporate positive behavioral interventions and supports.

* Schools should be awarded grants, contracts, or cooperative agreements to provide adequate services for students

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Text - H.R.1109 - 116th Congress (2019-2020): Mental Health Services for Students Act of 2019

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To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. IN THE HOUSE OF REPRESENTATIVES Mrs.

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Dear Colleague letter from Assistant Secretary for Civil Rights Russlynn Ali. (2020, January 10). Www2.Ed.gov. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html

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Dear Colleague Letter

* If a student has a mental health issue that substantially limits a major life activity, the student may need services to have an equal opportunity to participate in a public school’s activities

* 504 services may be needed

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html

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OFFICE OF THE ASSISTANT SECRETARY

January 19, 2012

Dear Colleague:

This year, we will celebrate the 22nd anniversary of the landmark Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. We at the Office for Civil Rights (OCR) in the United States Department of Education (Department) recognize the progress our country has made toward ensuring that educational opportunities are provided free from disability discrimination. As Secretary Arne Duncan has stated, the Department is "strengthening our efforts to ensure that all students, including those with disabilities, have the tools they need to benefit from a world-class education that prepares them for success in college and careers."

Pursuant to a delegation by the U.S. Attorney General, OCR shares in the enforcement of Title II of the ADA (Title II). 28 C.F.R. § 35.190(b)(2). Title II prohibits discrimination on the basis of disability by public entities, including public elementary, secondary, and postsecondary schools, regardless of whether they receive Federal financial assistance. Title II requires that qualified individuals with disabilities, including students, parents, and other program participants, are not excluded from or denied the benefits of services, programs, or activities of a public entity, or otherwise subjected to discrimination by a public entity, by reason of disability. OCR also enforces Section 504 of the Rehabilitation Act of 1973 (Section 504), a Federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance. Recipients of this Federal financial assistance from the Department include public school districts, other state and local educational agencies, and institutions of higher education.

Through our civil rights enforcement activities, and in responding to requests for technical assistance, OCR has learned that additional guidance on the requirements of the ADA and Section 504 in the elementary and secondary school context would be helpful, especially in light of changes to the law made by the ADA Amendments Act of 2008 (Amendments Act). To that end, OCR has prepared the attached "Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools" (Amendments Act FAQ). With passage of the Amendments Act, Congress intended to ensure a broad scope of protection under the ADA and to convey that the question of whether an individual's impairment is a disability under the ADA and Section 504 should not demand extensive analysis. To effectuate the ADA's purpose, the Amendments Act:

directs that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability;

expands the scope of "major life activities" by providing nonexhaustive lists of general activities and major bodily functions;

clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and

clarifies how the ADA applies to individuals who are "regarded as" having a disability.

The attached Amendments Act FAQ:

addresses the broadened definition of disability and the changes made by the Amendments Act;

discusses how the Amendments Act affects Section 504;

explains various obligations of school districts under Section 504 and Title II; and

addresses how OCR evaluates compliance with Title II and Section 504 in light of the Amendments Act.

Since the ADA's enactment, measurable progress has been made, but more can be done. OCR will continue to work to eliminate disability discrimination in public elementary, secondary, and postsecondary schools by investigating complaints, conducting compliance reviews, issuing policy guidance, providing technical assistance, and working closely with the Department of Justice.

OCR is committed to providing technical assistance to States, school districts, service providers, and individuals to ensure that students with disabilities have equal educational opportunities. To that end, OCR has other documents that provide guidance on Title II and Section 504, which can be found at http://www.ed.gov/about/offices/list/ocr/publications.html#Section504. If you need additional information or technical assistance in complying with Title II, Section 504, or the other civil rights laws that OCR enforces, please visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the contact information for the OCR enforcement office that serves your state or outlying area. Technical assistance regarding the ADA and other resources can also be found on the Department of Justice's website at www.ada.gov.

Thank you for joining me in our continuing efforts to realize the full potential of Section 504 and the ADA by ensuring nondiscrimination for students with disabilities.

For more of Secretary Duncan's remarks regarding the ADA, see Press Release, U.S. Dep't of Educ., 20th Anniversary of the Americans with Disabilities Act a Cause for Celebration and Rededication to Equal Educational Opportunity for Students with Disabilities, (July 26, 2010), available at http://www.ed.gov/news/press-releases/20th-anniversary-americans-disabilities-act-cause-celebration-and-rededication-e.

You can review the text of the Amendments Act on OCR's website at http://www2.ed.gov/policy/rights/guid/ocr/disability.html (see bullet entitled "The Americans with Disabilities Act Amendments Act of 2008"). The law went into effect January 1, 2009.

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disabilities; postsecondary education; college preparation; special education; universities; civil rights; disabled student services; title ii of the ada (title ii); americans with disabilities act; disability discrimination

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Dear Colleague letter from Assistant Secretary for Civil Rights Russlynn Ali

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Our nation recently celebrated the 21st anniversary of the landmark Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. We at the Office for Civil Rights (OCR) in the United States Department of Education (Department) recognize the progress our country has made toward ensuring that educational opportunities are provided free from disability discrimination.

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Texas Education Code Section 38.351 - Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention (2019). (n.d.). Texas.public.law. https://texas.public.law/statutes/tex._educ._code_section_38.351

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Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention

*  must provide and annually update a list of recommended best practice-based programs and research-based practices in the area of early mental health prevention and intervention

* school district shall develop practices and procedures concerning early mental health prevention and intervention

* policies and procedures must be included in the annual student handbook and the district improvement plan

https://texas.public.law/statutes/tex._educ._code_section_38.351

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Texas Education Code Section 38.351 - Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention - 2019 Texas Statutes - Texas Statutes

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Title 2, Public Education; Subtitle G, Safe Schools; Chapter 38, Health and Safety; Section 38.351, Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention. Refreshed: 2020-09-20

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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Human Resources / Employee Handbook. (n.d.). Www.shermanisd.net. Retrieved September 30, 2022, from https://www.shermanisd.net/Page/359

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All employees that suspect a student has a mental health issue must report it, according to the employee handbook.
The district requires employees to be trained on suicide prevention measures every year before school starts as well.

https://docs.google.com/viewerng/viewer?url=https://www.shermanisd.net//cms/lib/TX02215369/Centricity/Domain/25/2022-23+Sherman+ISD+Handbook.pdf

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https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

(B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.

As educators, it is our priority to keep students as safe as possible while in our care, and that includes their mental health. We should always treat our students with respect and be aware of their mental status daily.

Code of Ethics and Standard Practices for Texas Educators, 19. Tex. Admin. Code § 247.2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Being able to apply the laws and ethical principles to the topic of student mental health was very helpful in seeing how each level of law works together and sends the same message about keeping students safe and our duties that go along with that. We are bound by law to protect our students' mental health and do what we can to prevent further issues. As a classroom teacher, I was acutely aware of my students' mental state each day as they entered my classroom. I knew I was the one that needed to take care of how they were feeling before they were able to learn. As a future principal, I see with going through the process of connecting laws and ethical principles to this topic, that it is of utmost importance and a requirement to guard our students' mental health. I have a burden for students that struggle with mental health and strive to be a light for them and someone they can count on to be consistent. I am grateful that there are laws and ethical principles that protect our students' mental health, as we have seen a major decline in students' well-being over the last few years.

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Slide #13 Recommendations/Best Practices for Compliance

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Slide #13 Recommendations/Best Practices for Compliance

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* Youth Mental Health First Aid training
* Be familiar with district policies regarding mental health
* Be familiar with state ethical principles
* Be familiar with state mandates regarding mental health
* Effective and efficient communication with all pertinent personnel
* Keep in mind that students have rights and freedoms to mental health care