Legal and Ethical Guide: Due Process and School Shootings by Erin Bury https://padlet.com/ebury2/3893usosgz1e6d8 en-us 2022-07-12 19:37:48 UTC 2025-05-04 08:24:58 UTC hello@padlet.com ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244269974 School shootings are unfortunately a threat that is on the mind of everyone in education. School Counselors provide various forms of support on school campuses, including crisis intervention. Crisis intervention is the immediate response to a crisis, but counselors and administration are also involved in prevention and threat assessment. The overall counseling goal is to support each student in their academic and social-emotional growth, which in some cases can involve working with a student who is experiencing homicidal thoughts while ensuring the safety of all students on campus. The goal of this legal and ethical guide is to provide information to school staff regarding laws, policies, and procedures  and student right to due process in all events, including the threat of a school shooting. This topic is timely and relevant and lives lost in school shootings are preventable. The more we know about how to prevent and support students before they get to the point of experiencing such anger and becoming a threat to others, the better. ]]> 2022-07-15 18:42:19 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244269974 ASCA School Counselor Role in Threat Assessments ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244794328 Stone (2022) does a great job out outlining that the main role of school counselors in threat assessments, especially in regards to gun violence, is in prevention. School Counselors can participate in threat assessment teams but can never be the source of discipline in those teams, for example in searching students lockers or providing consequences. Overall, school counselors are to be a person that students feel comfortable coming to, be aware of and educate stakeholders on concerning behaviors, participate in a threat assessment team, a support a safe school climate, and participate in the over process a student would undergo if there is a perceived threat. 

Stone, C. (2022, March 1). School counselors' role in threat assessments. ASCA School Counselor. https://www.schoolcounselor.org/Magazines/March-April-2022/School-Counselors-Role-in-Threat-Assessments]]> 2022-07-17 14:39:02 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244794328 Victims of school shootings sue because of lack of due process and prevention leading up to school shooting ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244799572
  • Parents of victims sue school district employees, including the school counselor, for not completing a full and appropriate threat assessment that could have prevented a school shooting. 
  • There were warning signs leading up to this school shooting, but school employees did not even pursue a complete threat assessment and support the student’s right to due process. 
  • Although there were some steps followed, when school officials asked parents to take the student home they refused. The shooting then occurred later that day. 
  • Both perpetrators and victims of an event should have the constitutional right to due process to protect all involved. 

    • El-Bawab, N. (2022, May 24). Victims, parents of oxford school shooting victims sue school employees. ABC News. https://abcnews.go.com/US/victims-parents-oxford-school-shooting-victims-sue-school/story?id=84933834

    ]]>     2022-07-17 14:58:16 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244799572     School Shotings, Special Education, and Due Process ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244813522
  • Nikolas Cruz was charged with killing 17 students and staff members at Stoneman Douglas after having been placed at a district-run program for students with behavioral disabilities. 
  • Cruz qualified for special education services and wanted to return to Stoneman Douglas high school, despite the stance of his parents and school staff for him to remain within the district-run program. Since Cruz was 18 at the time, he was able to make the final decision regarding his education. 
  • The Broward school district could have filed a due process hearing to ask for an administrative law judge to make a decision about Cruz and his educational plan. The district failed to do that.
  • Due process hearings can be filed by school districts under IDEA. 

    • Samuels, C. (2018, August 7). Parkland shooting report sharpens focus on special education and due process. Education Week.https://www.edweek.org/teaching-learning/parkland-shooting-report-sharpens-focus-on-special-education-and-due-process/2018/08

    ]]>     2022-07-17 15:58:55 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2244813522     ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247127025
  • In general, the topic of due process is important in the counseling field of education because it is the role of school counselors to advocate for students while ensuring they are not a threat to themselves or others. School counselors should have an awareness of student rights so they are able to build a school counseling program that advocates for rights of all students. In situations like school shootings, it could be more challenging to advocate for students who could potentially inflict harm on their school campuses. In addition to advocating for student rights, school counselors also work to address the circumstances that led to the student feeling a need to express themselves violently. 
  • Best Practices Related to due process:
    • Always communicate in a timely manner with those involved in student success (ex. Parents, administrators, teachers, police, therapists/ doctors).
    • Follow district protocols and utilize district provided tools (screeners) when investigating any threat or emergency situations. 
    • Always interact and participate in any hearings in a calm and appropriate way and do your best to de-escalate situations if necessary. 
  • School shootings are unfortunately a constant threat and reality in schools today. Every time there is a school shooting, information always comes out about how it could be prevented. School counselors should pay attention to due process and school shootings because they are first and foremost student advocates, even students who are accused of a crime. It would be good for counselors to have an understanding of how current events have panned out so that situations can be prevented rather than reacted to. Every field within education should focus on continual development and learning from shoot shootings and how they can be addressed or prevented while still protecting the rights of all involved is incredibly important. 
  • Sandra Orta is a social worker in Fort Worth ISD. She has worked within the Fort Worth ISD counseling department for over 6 years and was in the Peace Corps prior to working in the education field. She has an amazing ability to reach students and be a safe place during difficult times. She spoke about instances in her career  where parents or a teacher were concerned that a student may act out in violence on campus, but thankfully she has not had a school shooting or a student bring a weapon on campus. She has participated in discipline hearings, which are integral to the protection of a student’s right to due process. 

    • (S. Orta, personal communication, July 15, 2022)

    ]]>     2022-07-20 21:36:39 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247127025     The 14th Amendment ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247579277
  • The 14th Amendment protects a citizen from government interference of their rights without due process.
  • Citizens have the rights to life, liberty, and property.
  • Although students operate under multiple jurisdictions, the 14th amendment guarantees they have the right to due process within the school setting. 
    • The 14th Amendment (U.S. Const. amend. XIV.)



    ]]>     2022-07-21 12:51:05 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247579277     IDEA Impartial Due Process Hearing ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247611288
  • Parents and school districts have the right to an impartial due process hearing.
  • The hearing must be requested within two years of the incident and notice must be given. 
  • The hearings will utilize impartial hearing officers.
    • Individuals with Disabilities Act, 20 U.S.C.§1415 (2010).

    ]]>     2022-07-21 13:52:45 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247611288     Texas School Discipline Laws and Regulations ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247670574
  • Students have the right to due process in the form of  conferences, hearings, and reviews surrounding discipline issues. 
  • Hearing information needs to be communicated and all parties involved should be timely notified. 

    • Texas School Discipline Laws and Regulations. U.S.Department of Education § 37.009 (2021)

    ]]>     2022-07-21 15:44:25 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247670574     Dixon v. Alabama ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247676439
  • Integral case in the quest for due process for students.
  • Ruled that public institutions could not expel without at least minimal due process


    • Dixon v. Alabama, 294 F.2d 150 ( U.S. Ct. App 1961). https://law.justia.com/cases/federal/district-courts/FSupp/186/945/2374127/
    ]]>     2022-07-21 15:55:06 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247676439     Fort Worth ISD Student Code of Conduct ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247683225 FWISD students have the right to due process hearings in every case where a suspension may occur. If there is a threat or act of violence towards the school by a student and a suspension occurs, then the student should have an impartial hearing with notification.

    Fort Worth ISD. (2022). Student code of conduct. https://www.fwisd.org/Page/27502]]>     2022-07-21 16:10:08 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247683225     ASCA Code of Ethics ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247685994 School counselors should advocate for students and ensure that due process is followed to protect student rights. According to ASCA (2020), school counselors are to communicate care and understanding while still ensuring due process and diligence.

    American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf]]>     2022-07-21 16:17:43 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247685994     ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247692892 Procedures and protocols should always be supported by laws and regulations. In a closer look at due process and especially how it applies to school shootings, it is important to see how ensuring due process can both protect the individual who has been accused and other students. For example, if due process has been followed in the case of Parkland then the student who committed the shooting may have been given the appropriate support which could have resulted in prevention of such a traumatic event. The right to due process is of utmost importance because it is protected by multiple layers of law. Federal, state, local, and even ethical standards shown in this brief all ensure the right to due process. As a school counselor, it it important to advocate for all rights of students. Current events have struck a chord with myself and many others in education. By following procedures and staying up to date with laws and policies, I can work towards better preventing situations like school shootings and can ensure everyone has their voices heard. ]]> 2022-07-21 16:30:37 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247692892 ebury2 https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247695767
  • Communicate with all involved parties in a respectful and caring way. 
  • Communicate in a timely manner, in some cases within a few days of any incident.
  • Stay up to date with current IDEA changes to ensure that students with disabilities are receiving appropriate support. 
  • Follow district protocol when responding and addressing any violent behavior. 
  • Remain impartial and advocate for victims and perpetrators.
  • Work as a part of a team or committee rather than the sole participant in school threat assessments and due process hearings. 
  • Work towards preventing unfavorable situations rather than reacting to them. 

    • ]]>     2022-07-21 16:37:41 UTC https://padlet.com/ebury2/3893usosgz1e6d8/wish/2247695767