https://padlet.com/creynolds91/9m0o8zme6cvu Candice L. Reynolds, EDG 6305 Legal & Ethical Principles en-us 2018-06-01 20:13:49 UTC 2023-03-27 16:15:29 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/265103480 For the past ten years, I have taught at a Title I school where resources were limited but relationships were abundant. It was through these relationships with students and colleagues that I found my true passion and purpose in the realm of education: counseling. I began my first semester at Angelo State in June of 2017, and I am proud to announce that I am in my final semester. Only two classes stand between me and graduation. While the initial plan was to seek employment as a high school guidance counselor, I interview for a counseling position at the elementary campus in my district next Tuesday. Though that was not the initial plan, I am excited about the possibilities that await me.]]> 2018-06-01 20:18:50 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/265103480 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266413433 After speaking with Kaye Lynch, the sole counselor at New Waverly High School with over twenty years of experience, it is clear that legal ramifications today are not what they were twenty years ago. Here are the top five legal and ethical ramifications counselors are dealing with today.

#1: Reporting Measures: With so many new issues plaguing the school system due to the rise of technology and social media, it is becoming increasingly difficult to distinguish when to report to law enforcement. Mrs. Lynch discussed the struggle of respecting higher authorities in administration while also adhering to reporting guidelines (K. Lynch, personal communication, June 7, 2018).

#2: School Safety: In the past year, school safety has been a topic for debate across the country. While many support arming teachers and faculty, others want increased law enforcement. Regardless, increased safety measures are inevitable. As a high school counselor, Mrs. Lynch feels the the pressure of ensuring that students are safe by taking all threats seriously (K. Lynch, personal communication, June 7, 2018).

#3: Bullying: With the Texas Education Code mandating that all districts have a bullying prevention and awareness program in place, districts are placing emphasis on reporting procedures and investigative measures. Mrs. Lynch acknowledges that to perform a true investigation is a timely and lengthy process, and by not performing an investigation to the full extent is opening the door for legal ramifications (K. Lynch, personal communication, June 7, 2018).

#4: Special Education Laws: The Individuals with Disabilities Education Act (IDEA), the Texas Education Code (TEC), and the Texas Administrative Code (TAC), are all federal regulations that Mrs. Lynch relies on for special education laws. She also attends regular trainings through Region VI Service Center and online trainings through the Texas Education Agency (K. Lynch, personal communication, June 7, 2018).

#5: State Testing: Training on state testing and procedures must be done on a yearly basis as testing requirements can change year-to-year. While House Bill 5 is what comes to mind when many think of state testing at the high school level, Mrs. Lynch clarifies that Texas English Language Proficiency Assessment System (TELPAS) and State of Texas Assessment of Academic Readiness (STAAR) ALT and STAAR ALT 2 are additional state tests that require specific training, and keeping up with the changes can be a daunting task (K. Lynch, personal communication, June 7, 2018).]]> 2018-06-09 14:26:52 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266413433 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266515437 In an article published in Education Dive, Federal Judge Wright Allen ruled in favor of a transgender student, Gavin Grimm, who sued the Gloucester County School Board in 2014 when he was told that he couldn't use the bathroom that correlated with his gender identity (Riddell, 2018). Judge Allen decided that the school board discriminated against Grimm under Title IX and the Constitution's equal protection clause (Riddell, 2018). Grimm's case could set the precedent for transgender bathroom rights in the future. As a result, school counselors must be conscientious of discrimination and equal rights for all students. ]]> 2018-06-11 00:40:36 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266515437 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266521654 Jacobson, L. (2017, October 12). Court rules school out of line in disciplining social media post. Retrieved from https://www.educationdive.com/news/court-rules-school-out-of-line-in-disciplining-social-media-post/507054/

Kreighbaum, A. (2017, February 23). Trump administration reverses Title IX guidance on transgender protections. Retrieved from https://www.insidehighered.com/news/2017/02/23/trump-administration-reverses-title-ix-guidance-transgender-protections

Kurt, L. J. (2017). Creating School Climates That Foster Inclusive Community Attitudes toward Gender Nonconforming Students. Journal Of School Counseling, 15(1),

Riddell, R. (2018, May 24). Judge rules in favor of Virginia transgender student in bathroom case. Retrieved from https://www.educationdive.com/news/judge-rules-in-favor-of-virginia-transgender-student-in-bathroom-case/524226/

]]> 2018-06-11 01:53:13 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266521654 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266522098 A federal court ruled that a Pennsylvania high school reacted inappropriately when a student was cut from the junior varsity cheerleading team for swearing on a social media post (Jacobson, 2017). Schools do not have the authority to discipline students for what they post on their own time, as long as the posts do not cause substantial disruption to school material or activities (Jacobson, 2017). School counselors do not always have a clear cut answer as to what they can and cannot police, and as a result, often walk a fine line between not interfering with students' First Amendment rights and trying to keep students' posts and tweets from disrupting a school day.

]]> 2018-06-11 01:58:39 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266522098 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266525301 Upon closer research, Title IX seems to be a repeated topic on multiple education websites. Because I am unclear as to what Title IX truly entails and how it will affect my role as a counselor, further investigation is necessary.]]> 2018-06-11 02:32:54 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266525301 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266525919 While researching Title IX and how it affects the role of a school counselor, I found the attached article through Angelo State University's online library. The article, "Creating School Climates That Foster Inclusive Community Attitudes Toward Gender Non-conforming Students" addresses that while transgender students are protected through Title IX, many schools are struggling with effective policies that adequately provide these protections (Kurt, 2017).]]> 2018-06-11 02:39:05 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266525919 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266526910 While taking to the internet to find more information on Title IX, an article titled, "Transgender Protections Withdrawn" caught my eye as Title IX seems to be a hot political topic as well. The article dictates that President Trump has reversed Title IX provisions that were put into affect by President Barrack Obama (Kreighbaum, 2017).]]> 2018-06-11 02:48:57 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266526910 creynolds91 https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266528407 The article "Creating School Climates That Foster Inclusive Community Attitudes Toward Gender Non-conforming Students" first addresses what Title IX encompasses. Under the federal law, Title IX of the Education Amendments of 1972, proclaims that all students have the right to equal educational opportunities free of harassment, bullying, and discrimination (Kurt, 2017). Title IX also prohibits sex and gender discrimination in education programs and activities that receive federal financial assistance; as a result, superintendents are inclined to uphold federal laws as they are susceptible to losing federal dollars which could greatly impact a school district (Kurt, 2017).

While the article gives an accurate description of Title IX and who it protects, it also acknowledges that while districts are told they cannot discriminate, little has been done to show districts how to accommodate the needs of all students. School counselors, in particular, are often placed in a compromising situation when debates arise regarding not discriminating against transgender students while also keeping the rest of the student body safe (Kurt, 2017). While creating a positive school climate is one of the main interests of the school counselor, issues such as shared restrooms and locker rooms is one of the most common debated issues regarding Title IX. 

Through further research, it is clear that Title IX is at the center of political debates as well. The article "Transgender Protections Withdrawn" indicates that President Trump withdrew legal provisions set in place by President Barrack Obama to protect transgender students from discrimination to ensure that they had access to bathrooms and other facilities of their choice (Kreighbaum, 2017). The Secretary of Education, Betsy DeVos dodged the controversy by proclaiming that her department was still committed to investigating all claims of bullying, harassment, and discrimination, but that the issues would be best resolved at the state level (Kreighbaum, 2017).

One thing is certain: Title IX is not as clear cut as it should be. As a future school counselor, understanding how students, particularly transgender students, are protected by federal and state laws will be critical to ensure that I do not end up in a courtroom. While it is clear that laws and provisions are in place to protect transgender students, it is still unclear as to how districts can provide provisions, specifically access to restrooms and locker rooms, while not violating other students' rights as well.]]> 2018-06-11 03:06:43 UTC https://padlet.com/creynolds91/9m0o8zme6cvu/wish/266528407