Legal and Ethical Principles by Kara Silva Ashcraft https://padlet.com/kara_ashcraft/EDG6305 My Exploration as an EDG6305 Student en-us 2018-06-08 18:00:16 UTC 2026-02-26 09:37:44 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Folder.png Step 2, Option 1: Professional Interview Top 5 Learning Points kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266366237 I interviewed the former lead counselor of the alternative to suspension program, Diane Peters. She currently provides district-wide consultation, support, and training for school counselors. During our discussion, I noted the top five things I learned regarding legal and ethical issues in our role as K-8 school counselors:

1. There are no district policies or rules specific to school counselors. The only guidance is provided by the American School Counselor Association (ASCA), and by your administration. This presents challenges for school counselors navigating the constantly changing legal and ethical issues in education.
2. Managing confidentiality and the ethical issues surrounding it are challenging in K-8 school counseling. There are constant considerations of what information to share with parents and staff, and if it is ethically necessary. All of this has to be balanced with the focus on the best interest and safety needs of the child.
3. Legality surrounding relevant issues is constantly changing and evolving so it is important to stay current. Recent issues include: social media, school safety, and bullying.
4. As a school counselor, your reports to DCS and notes are not completely confidential. They can be subpoenaed, and parents can then put children in the middle of their own legal battles such as with divorce or child custody.
5. There was an emphasis on the importance of seeking out and finding training to stay up-to-date on legal issues in education. Our district does not provide training, but does have attorneys on staff if you have questions. My interviewee recommended attending the yearly law conference offered by the school board association; it focuses on current legal issues you may encounter in education.

Peters, D. (2018, June 7). Personal interview]]> 2018-06-08 20:15:42 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266366237 References kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266376989 Education World. (2013). Cyberbullying and the law: What should school leaders know. Retrieved from http://www.educationworld.com/a_admin/cyber-bullying-legal-issues-liability-schools.shtml

Hinduja, S., & Patchin, J. W. (2011). Cyberbullying: A review of the legal issues facing educators. Preventing School Failure, 55(2), 71-78. doi:10.1080/1045988X.2011.539433

Paterson, J. (2018). Administrators face dilemma in supporting striking teachers amid disruption. Education Dive. Retrieved from https://www.educationdive.com/news/administrators-face-dilemma-in-supporting-striking-teachers-amid-disruption/523734/

Walsh, M. (2018). Courts take expansive view in transgender- rights cases. Education Week. Retrieved from https://www.edweek.org/ew/articles/2018/06/06/courts-take-expansive-view-in-transgender-rights-cases.html?qs=legal]]> 2018-06-08 22:50:38 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266376989 Step 3: Legal and Ethical Issue kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266377042 A current legal issue in education that directly impacts my students and my role as a school counselor is cyberbullying.  I chose to focus on this topic since it is an evolving legal issue within education, and it is increasingly common within our schools.]]> 2018-06-08 22:52:32 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266377042 Step 4: Cyberbullying and the Law: What Should School Leaders Know kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266377600 2018-06-08 23:11:04 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266377600 Step 5: Summary of Cyberbullying Research kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266387848 Schools are facing increased instances of cyberbullying and have to examine the legal and ethical issues of addressing this, especially as most offenses occur off school property (Hinduja & Patchin, 2011). Addressing cyberbullying is partnered with the challenge of supporting the first amendment right of free speech. The article presented by Education World, (2013), further details the importance of knowing the differences of cyberbullying laws in each state. These laws are often changing with the current trends and evolution of social media, pointing to the importance of school counselors and administrators staying up-to-date on current legal issues. 

School districts need to have policies in place to address cyberbullying between students. These policies provide a framework for consistency within a district, and can be drafted by an attorney familiar with cyberbullying and first amendment right laws. Since most cyberbullying happens outside of school, in order for a school district to intervene they must show there is a substantial interference to the learning environment (Hinduja & Patchin, 2011). As school counselors and educators, we have an ethical obligation to provide students with a safe learning environment. If a student is being impacted by cyberbullying it is our duty to report it, and to act according to policy and legal authority to protect our students. 
]]> 2018-06-09 03:54:34 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266387848 Step 4: Cyberbullying: A Review of the Legal Issues Facing Educators kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266389674 2018-06-09 04:53:47 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266389674 Step 2, Option 3: Education Week kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266437314 A trending legal topic is transgender student rights. There have been numerous law suits against school districts related to this topic. As a school counselor, it is important to stay current and understand the current laws as I may work with transgender students and their families.]]> 2018-06-09 23:21:41 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266437314 Step 2, Option 3: Education Dive kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266437803 Another legal issue that is trending surrounds the walk outs and strikes in Arizona, Colorado, Oklahoma, and West Virginia. I experienced this first-hand in May; our schools shut down for six days during a teacher walk out. We spent those days as a staff lobbying to Arizona legislators resulting in a budget increase for education. I had not previously considered the legal ramifications for districts, administrators, or teachers.]]> 2018-06-09 23:37:39 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266437803 Step 1: Future Educational Position kara_ashcraft https://padlet.com/kara_ashcraft/EDG6305/wish/266533662 Upon completion of my Master's in Guidance and Counseling I would like to continue in my current role as an elementary school counselor. I intend to apply for my counseling certification through the Arizona Department of Education; I will be one of only two certified school counselors in my district.]]> 2018-06-11 04:28:53 UTC https://padlet.com/kara_ashcraft/EDG6305/wish/266533662