Laws and Ethics Padlet by Brittany Stafford

bstafford3_1 — 2024-12-12 04:12:18 UTC

As someone in my 11th year of teaching High School students, I feel that while I have seen a positive change in recent years in terms of equity and inclusion, we still have a long way to go. According to Sandifer et al. (2024), school counselors cultivate spaces of equity and inclusion for all students; however, many school counselors lack the preparedness to fulfill these responsibilities. The goal is to develop a culture that fosters inclusion and celebrates diversity. Reese (2021) states, “School counselors engage in practices that will support all students and create opportunities for equal access and success through their leadership and service as collaborators, consultants, and change agents.”. Unfortunately, many school counselors do not have the resources or knowledge to support their students fully in this way. The reason why I picked this topic is that the demographics of where I work include many students who are trying to break different cycles of abuse and bad behavior, whether it be parents or guardians who are drinking heavily, relying on drugs, incarceration, or just generations of extreme poverty so this topic can better educate me on how to provide the best help possible to these students.

bstafford3_1 — 2024-12-12 04:15:23 UTC

The U.S. Department of Education is the key agency overseeing diversity and inclusion implementation at the federal level. Specific offices within the U.S. Department of Education ensure that everything runs smoothly. One of these is the Office for Civil Rights, whose goal is to ensure that every student is treated fairly and given an equal educational experience. Another key agency that impacts students is the Texas Education Agency, which helps to enforce federal directives.

The American School Counselor Association is responsible for providing ethical standards and guidelines for school counselors. In terms of compliance and facilitating legal and ethical practices, school counselors and administrators play a crucial role in ensuring compliance. According to Moyer and Sullivan (2008), “[administrators] understanding the decision-making process and the considerations that school counselors must navigate” enforces the importance of administrators being aware of a school counselor's job and responsibilities.

bstafford3_1 — 2024-12-12 15:34:41 UTC

The American Disabilities Act (Americans with Disabilities Act of 1990) is a federal law that aligns with my topic. This law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, and transportation. The full text of the law can be found at the link above.

In terms of the law and its legal requirements:

Title 1: Employment

prohibits discrimination against qualified individuals with disabilities
requires employers with 15 or more employees to provide reasonable accommodations

Title 2: Public Service

prohibits discrimination against individuals with disabilities in all public services, programs, and activities.
requires public entities to make their programs accessible to individuals with disabilities

Title 3: Public Accommodation and Services operated by private entities

prohibits discrimination in place of public accommodations like hotels, restaurants, theatres, etc.
requires businesses to provide reasonable accommodations

Title 4: Telecommunications

requires phone and internet companies to provide a way telecommunications for individuals with hearing or speech disabilities to communicate over the phone

According to the ADA, these requirements ensure that individuals with disabilities have equal opportunities and access to employment, public services, public accommodations, telecommunications, and other areas of public life.

bstafford3_1 — 2024-12-12 15:49:25 UTC

In Texas, the opposite is currently in effect in terms of a law that aligns with my topic, and that is Senate Bill 17 (Senate Bill 17, 2023). Senate Bill 17 was signed into law in 2023 by Governor Greg Abbott, and it eliminates all diversity, equity, and inclusion initiatives at public institutions of higher education. According to Texas AFT, there have been talks of expanding the scope to include k-12, but currently, seeing its negative impact on colleges and universities makes me nervous about what it could mean for k-12 soon. The full text of the law is linked above.

In terms of the law and its legal requirements:

Prohibition of DEI offices and activities
- public universities are prohibited from establishing and maintaining DEI officers, programs, activities, or trainings.
Hiring and Employment practices
- institutions cannot give preferred treatment to someone based on ethnicity, race, color, or sex.
Scope and Expectations
- The loophole is that these restrictions cannot be enforced regarding student-run activities, guest speakers, creative arts, and research.

bstafford3_1 — 2024-12-12 15:50:48 UTC

Failure to follow these laws can result in a school district losing accreditation, a school or district being audited by the Department of Education or TEA, as well as fines, lawsuits, and disciplinary actions for whoever is found to have broken the laws as well as the possibility of losing certifications.

bstafford3_1 — 2024-12-12 16:17:21 UTC

The Individuals with Disabilities Education Act is a federal law that ensures children with disabilities will be protected and taken care of by governing how state and public agencies provide early intervention and special education services. The reason that IDEA is so important in terms of diversity and inclusion is that it not only promotes diversity and inclusion by ensuring that students with disabilities are receiving the same educational opportunities and support as everyone else, but it also helps school counselors and administrators to understand better the counselor's role in providing these services. The full text of the law can be found at the link above.

In terms of the law and its legal requirements:

Free Appropriate Public Education: Schools must provide special education services to meet the needs of children with disabilities at no cost to the parents.
Individualized Education Program: a written plan developed by parents, teachers, and school personnel that outlines current performance in school, future goals, current special education supports, and any changes needed to support the student better.
Least Restrictive Environment: Students with disabilities should be included in the class with nondisabled peers.
Procedural Safeguards: administrative tasks that serve as checks and balances to ensure that the student with disabilities receives all the support necessary and that the parents know their rights.
Early Intervention Services: For children born to 3 years old with disabilities, it provides services to support their learning and development.
Transition Services: By the age of 16, the IEP must begin preparing the student for life after high school, whether it be higher education, trade school, the military, or joining the workforce. The goal is for the student to be able to achieve independent living.

The U.S. Department of Education's Office of Special Education Programs is responsible for overseeing the implementation of IDEA, providing guidance when needed, and monitoring compliance.

bstafford3_1 — 2024-12-12 16:22:28 UTC

The American School Counselors Ethical Standards for School Counselors serve as an administrative law for diversity and inclusion. These ethical standards provide guidelines for counselors to ensure that the decisions they are making and the services they are offering are promoting equity, access, and success. The need for the ASCA ethical standards is especially relevant when examined through cultural competence, social justice, advocacy, and access to equitable academic, social, emotional, and career opportunities for all. The full text of the ethical standards for school counselors can be found at the link above.

bstafford3_1 — 2024-12-12 16:26:38 UTC

A common law that aligns with Diversity and Inclusion is the Americans with Disabilities Act, as I mentioned in Padlet Slide #3. This prohibits discrimination against individuals with disabilities and ensures that individuals with disabilities have equal opportunities and access to promote an inclusive environment.

In terms of the law and its legal requirements:

Title 1: Employment

prohibits discrimination against qualified individuals with disabilities
requires employers with 15 or more employees to provide reasonable accommodations

Title 2: Public Service

prohibits discrimination against individuals with disabilities in all public services, programs, and activities.
requires public entities to make their programs accessible to individuals with disabilities

Title 3: Public Accommodation and Services operated by private entities

prohibits discrimination in place of public accommodations like hotels, restaurants, theatres, etc.
requires businesses to provide reasonable accommodations

Title 4: Telecommunications

requires phone and internet companies to provide a way telecommunications for individuals with hearing or speech disabilities to communicate over the phone

bstafford3_1 — 2024-12-12 16:33:02 UTC

A federal regulation that impacts diversity and inclusion in schools is the Title VI of the Civil Rights Act of 1964. This prohibits discrimination based on race, color, or national origin and ensures that students have equal access to educational resources and opportunities regardless of their background. The full text of the law can be found at the link above.

The U.S. Department of Education's Office for Civil Rights enforces Title VI by providing guidance for staff and administrators and investigating complaints of discrimination in schools.

bstafford3_1 — 2024-12-12 16:42:45 UTC

The Mesquite Promise is an initiative created by Mesquite ISD. It is focused on fostering a culture of dignity and belonging for students, staff, and stakeholders by removing barriers and providing opportunities for all students to succeed. The full text of the Mesquite Promise can be found at the link above.

According to the district website, The Mesquite Promise outlines four principles and 16 habits for adults and young people to establish and nurture."

According to the district website, "The purpose of the promise is

Create a lens to view our shared commitment and common understanding of the collective vision for youth success.
Promote a framework to identify opportunities for adults to encourage and support positive habits in our young people actively.
Provide simple strategies and resources for creating an environment that prioritizes dignity, belonging, and the positive development of young people.

Mesquite ISD believes implementing the Mesquite Promise will help remove the barriers surrounding our students and foster opportunities for them to grow up and live successful lives.

bstafford3_1 — 2024-12-12 16:51:02 UTC

A risk management strategy that is related to diversity and inclusion services in schools is the use of research-backed surveys like Panorama, which is a survey for students and staff to complete that measures current school climate, safety, and mental health and pinpoints the data what areas the district is doing well in and what areas are a need for improvement. I believe this is a solid risk management strategy because it gives a solid idea to the people in power of how students and staff are doing so that they can make data-informed decisions moving forward.

bstafford3_1 — 2024-12-12 16:54:49 UTC

Another risk management strategy related to diversity and inclusion services in schools is for the district to train teachers, administrators, and staff on cultural competence, implicit or sometimes explicit biases, and best practices for providing inclusion and ensuring that you are not isolating anyone. This risk management strategy would be beneficial in educating the adults on campus about their own biases and misconceptions so that they can correct those things and provide a welcoming and safe environment for all of our students.

bstafford3_1 — 2024-12-12 16:59:34 UTC

A final risk management strategy related to diversity and inclusion in schools is for districts to develop and enforce explicit policies that prohibit discrimination, harassment, and bullying based on race, ethnicity, gender, sexual orientation, religion, or disabilities. Many school districts have outdated policies that don't reflect the current climate or the current issues many of our young people are facing today in terms of discrimination, so to create not only an updated set of policies but then enforce said policies is critical in creating an environment that supports diversity and inclusion.

bstafford3_1 — 2024-12-12 17:06:54 UTC

According to the American School Counselor Association, an ethical principle related to diversity and inclusion is that a school counselor should "Respect student's families, beliefs, and cultural background, as well as students' orientation, gender identity, gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one’one'sigion, culture or ethnicity."

The full text of the ASCA Ethical Standards for School Counselors can be found at the link above.

This ethical principle is connected to diversity and inclusion because it is part of the rules and ethics that school counselors are supposed to follow. It points out the importance of providing students and their families with a safe and welcoming environment regardless of any additional parts of their identity.

bstafford3_1 — 2024-12-12 17:14:01 UTC

My connection to the legal and ethical standards gave me two foundational experiences I can carry forward. The first is a better understanding of what is considered moral and how the decisions that I make as a school counselor must be based on those standards, so even if there is something that I believe or an action that I think I should take if it does not align with what the ASCA states as an ethical standard for school counselor, then that is not something I need to do. I also appreciate that the ethical standards seem to be updated to fit times and current social issues so that students are not getting hurt by loopholes that people in education find so that they don't have to "deal with it." Still, instead, it is holding people in education, especially counselors, to a higher standard. As a white female who grew up in a suburb middle-class family, I can honestly say I know I was fortunate not to have to experience the issues regarding diversity and inclusion that many of my classmates had to endure, but that also has not only made me more aware of my biases, but it also makes me want to take a stand and make changes as someone who might have been content to stay in the shadows and wait for someone else to come along and say something. I now understand it is my responsibility to be that person who is taking a stand and fighting for others.

bstafford3_1 — 2024-12-12 17:21:24 UTC

My recommendations and best practices for compliance with diversity and inclusion services are listed below:

Establish clear policies that serve as the foundation for diversity and inclusion. These policies will be what everything else refers to; failure to follow them should result in disciplinary actions.
Provide professional development throughout the year for teachers, administrators, and staff to help them better understand how to create an environment that is safe and welcoming to all.
Provide educational opportunities for students throughout the year that educate them on diversity and inclusion and the impact these practices can have on someone.
Highlight different change makers in society and how they are fighting for the rights of others. Help students see the connection between what they are doing and what these world-changing leaders are doing.
Encourage students to volunteer for activities like Special Olympics or Peer Buddies so that they can spend intentional time with students with disabilities and help foster a culture of welcome and community.
Create organizations and clubs for diverse students to connect with people on campus who share their interests or backgrounds and help create a sense of community.