Sex-Based Discrimination in Schools by Micaela Fuentez https://padlet.com/mfuentez3/2a6l1wuhq892rb1k en-us 2023-07-24 00:18:38 UTC 2025-12-06 22:08:15 UTC hello@padlet.com Slide #1- Professional Perspective/Topic/Audience mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649848916 Introduction: My name is Kayla Fuentez, and I am pursuing a degree in Professional School Counseling. My plan is to transition into the school counseling position once my current school counselor retires in the next couple of years. I look forward for the academic advising part of the job but also continuing to build relationships with my students.

Topic Description: We have heard of anti-discrimination and civil rights laws in employment, but these same laws are also found in the education realm. As defined by the American Psychological Association (2022), “discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age, or sexual orientation.” The focus will be sex-based discrimination. This includes sexual harassment, someone’s orientation, gender identity, and if they are pregnant. School counselors, teachers, and administration need to evaluate their system often to ensure sex based discrimination is not taking place amongst the students, whether that is in the classroom or anywhere on campus.

Audience:  The target audience for my legal guide is geared towards school counselors. I cannot target only one level because sex-based discrimination can occur at any age level. I believe that this would be a strong and useful resource for school counselors as they going into any school year because not all types of sex-based discrimination are apparent or publicized.


American Psychological Association. (2022). Discrimination: What it is and how to Cope. American Psychological Association. https://www.apa.org/topics/racism-bias-
discrimination/types-stress 
]]> 2023-07-24 00:23:01 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649848916 Slide #2 - Practical Summary mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649848981
Sex-Based Discrimination and School Counseling:
The topic of sex-based discrimination is crucially important because it involves denying individuals equal opportunities, rights, and privileges based on their gender. This type of discrimination is not only illegal but also a violation of human rights. In the field of school counseling, sex-based discrimination has a significant impact on students, particularly those who identify as female. It can affect their academic performance, career aspirations, mental health, and overall well-being.
Sex-based discrimination in school counseling can take various forms, such as limiting access to certain courses or extracurricular activities based on gender, stereotyping students based on their gender, and ignoring or downplaying concerns related to sexual harassment or assault. Such discrimination can lead to a hostile learning environment, lower self-esteem, and reduced opportunities for academic and personal growth.
As a school counselor, it is essential to be aware of the impacts of sex-based discrimination and work towards creating an inclusive and supportive environment for all students. This includes advocating for policies and practices that promote gender equity, providing resources and support for students who have experienced discrimination, and challenging any biased attitudes or behaviors that reinforce gender stereotypes. By addressing sex-based discrimination in school counseling, counselor's can create a more just and equitable educational system that benefits everyone.

Emerging Issue:
One emerging issue related to sex-based discrimination that we should be watching for as the issue evolves is the potential impact of artificial intelligence (AI) on gender equality. AI algorithms are designed based on data sets, which are often biased and reflect the existing societal inequalities (Prince & Schwarcz, 2020). This means that the AI systems can perpetuate and even amplify gender biases and discrimination. For example, AI-based hiring systems may favor male candidates over female candidates due to the historical underrepresentation of women in certain fields. Similarly, facial recognition technology has been shown to have higher error rates for people with darker skin tones and for women, which can have serious consequences for their safety and security. As AI becomes more ubiquitous in our lives, it is crucial to ensure that it is designed and implemented in a way that promotes gender equality and eliminates discrimination.

Prince, A. E. R., & Schwarcz, D. (2020). Proxy Discrimination in the Age of Artificial Intelligence and Big Data. Iowa Law Review, 105(3), 1257–1318.


]]> 2023-07-24 00:23:07 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649848981 Slide # 3 - Professional Organizations mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849080 Summary:
The American School Counseling Association (ASCA) is an organization that sets the ethical and professional standards for school counselors in the United States. The ASCA Code of Ethics outlines the principles and standards that guide the professional conduct of school counselors. The ASCA Code of Ethics emphasizes the importance of confidentiality, respect for diversity, and the promotion of students' well-being. School counselors are expected to maintain the confidentiality of their students' personal information unless there is a legal or ethical obligation to disclose it. They are also expected to respect students' cultural, individual, and role differences, and to promote a safe and inclusive learning environment.
In summary, the ASCA ethical guide provides a framework for school counselors to conduct themselves ethically and professionally. School counselors should maintain confidentiality, respect diversity, promote well-being, and engage in ongoing professional development. By following these ethical guidelines, school counselors can provide high-quality services to their students and contribute to the overall success of their school communities.

Citation: American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Link: https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1) ]]> 2023-07-24 00:23:19 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849080 Slide #4 -Current News Articles mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849123 Summary:
- Biden hopes to expand the scope of discrimination that is protected by Title IX.
- Wants to include sexual orientation and identity
- Include all forms of sex discrimination and not just sexual harassment
- Implementation of the expansion will help LGBTQ students and their mental health
- This will allow schools to investigate off campus incidents
- Overturning of Betsy DeVos rules of Title IX


Citation: Camera, L. (2022). New title IX rules would extend protections to discrimination based on sexual orientation, gender identity. U.S News. https://www.usnews.com/news/education-news/articles/2022-06-23/new-title-ix-rules-would-extend-protections-to-discrimination-based-on-sexual-orientation-gender-identity]]> 2023-07-24 00:23:24 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849123 Slide #5 - Current News Articles Cont. mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849296 Summary:
-Frisco ISD trustees unanimously approved a policy restricting multi-occupancy bathrooms to people based on biological sex assigned at birth (Zeeble, 2022)
- They also banned all books that contained gender fluidity
- Determined that their actions were unlawful sex discrimination against gender diverse, transgender, and non-binary students.
- School officials stated that policies would remain unchanged but families could request an accommodation for bathrooms.
- Many believed that this would ostracize transgender students from their peers in regards to the bathrooms and which one they were allowed to use.

Citation: Zeeble, B. (2022). Frisco, keller school districts accused of sex discrimination. KERA News. https://www.keranews.org/education/2022-11-22/frisco-keller-school-districts-accused-of-sex-discrimination]]> 2023-07-24 00:23:43 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849296 Slide #6 - Statutory Law: Title VII mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849364 Law: The Equality Act of 2021 prohibits discrimination based on the basis of 
sex, gender identity, and sexual orientation. This is important as a school counselor because this group of people and student have not been protected because in other laws it was not specific. This act also confronts the issue with a single instance of discrimination and it can be toward one or more basis. The Equality Act also protects the LGBTQ+ group in accommodations for stores, restrooms, health care, transportation, and many other areas.

Law Type: Statutory Law

Citation: H.R.5 — 117th Congress (2021-2022)

Link: https://www.congress.gov/bill/117th-congress/house-bill/5/text


]]> 2023-07-24 00:23:53 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849364 Slide #7 - Judicial Law :Communities for Equity v. Michigan High School mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849442 Law: This U.S District court case was sex discrimination case that a group of high school girls filed on their school athletic association. The association refused their request for 
additional sports sanctioned for girls, inferior practices, playing facilities, and required 
the girls to play certain sports in disadvantageous seasons. This in turn reduced the 
number of girls who participated in the athletic program. It was ruled that the Michigan 
Athletic program was in violation of Title IX.

Law Type: Judicial Law

Citation: Communities for Equity v. Michigan High School, 178 F. Supp. 2d 805 (W.D. Mich. 
2001)


Link: https://law.justia.com/cases/federal/district-courts/FSupp2/178/805/2510014/


]]> 2023-07-24 00:23:59 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849442 Slide #8 - Statutory Law : Title IX mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849633 Law: Title IX of the Education Amendments prohibits sex based discrimination in educational programs or any activities that receive federal funding like sports, academics, and other related extracurriculars. The law is in place now to ensure that educational systems are maintaining policies and programs to ensure that no one is discriminated against on the concepts of gender.

Law Type: Statutory Law

Citation: 20 U.S.C. §1681 - 1688

Link: https://www.justice.gov/crt/title-ix

 
]]> 2023-07-24 00:24:26 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849633 Slide #9 - Constitutional Law - Bill of Rights mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849734 Law: The Bill of Rights in the Texas Constitution was implemented to ensure that each human is protected. This document guarantees the protection of an individual’s civil rights and their liberties. In section 3, it states how no law shall be denied because of sex and other statutes like race and color.

Law Type: Constitutional Law

Citation: Tex. Const. art. I, § 3.

Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm
]]> 2023-07-24 00:24:35 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849734 Slide #10 - School or Organization Policy mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849790 Student Welfare: Freedom from Discrimination, Harassment, and Retaliation

Law: This local policy addresses discrimination against any student based on the basis of race, color, religion, sex, gender, age, origin, disability, or any other basis prohibited by law. Not only does this policy focus on sex-based discrimination but also sexual harassment under Title IX.

Law Type: Administrative Law

Citation: TCISD. (2022). 2022-2023 Student handbook. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1125&code=FFH#localTabContent

Link: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1125&code=FFH#localTabContent
]]> 2023-07-24 00:24:42 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849790 Slide #11 - Ethical Principles mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849844 Summary: The ASCA Ethical Standards for School Counselors presents the ethical responsibilities for school counselors across the nation. In the preamble, it states how students have the right to a "physically and emotionally safe, inclusive, and healthy school environment... free from harassment, discrimination, and any other forms of violence" (ASCA, 2022). As a school counselor, it is our job to ensure this. Secondly, in the responsibility of students, it describes the roles of school counselors and touches base with sex discrimination and how you should approach situations, assess, but also report harassment.

Citation: American School Counselor Association. (2022). ASCA ethical standards for school counselors. (1984, revised 1992, 1998, 2004, 2010, 2016, 2022). https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf]]> 2023-07-24 00:24:49 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849844 Slide #12 - Non-Law Source mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849906 Summary: This article discusses the start of Title IX and how there was still issues with the law even though it had already been in existence for decades. The article also discusses the case of Jackson v Birmingham Board of Education and other cases in the education system that have challenged Title IX. Overall sex discrimination still remains in all programs, like athletics, STEM, and career and technical education classes.

Citation: Greenberger, M. D., & Chaudhry, N. K. (2005). Americanbar.org. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/human_rights_vol32_2005/fall2005/hr_Fall05_sexdiscrimination/

Link: https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/human_rights_vol32_2005/fall2005/hr_Fall05_sexdiscrimination/
]]> 2023-07-24 00:24:56 UTC https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649849906 Slide # 13 - Recommendations/ Best Practices mfuentez3 https://padlet.com/mfuentez3/2a6l1wuhq892rb1k/wish/2649868505
Best Practices:
School counselors play a vital role in ensuring that students receive a quality education in an environment free of discrimination. One important area where counselors can help is in addressing sex-based discrimination in schools.

-Firstly, counselors should work to create a safe and inclusive environment in which students feel comfortable reporting any instances of sex-based discrimination.

-This can be done by fostering strong relationships with students, providing regular education on discrimination, and establishing clear reporting procedures.

-Additionally, counselors should be familiar with the legal requirements surrounding sex-based discrimination in schools. This includes Title IX, which prohibits discrimination on the basis of sex in educational programs or activities that receive federal funding.

-Counselors who are knowledgeable about these requirements can help ensure that schools are in compliance and that students are protected.

-Finally, counselors should be prepared to provide support to students who have experienced sex-based discrimination.

- This can include offering counseling services, connecting students with appropriate resources, and advocating on their behalf with school administrators.



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