The United States guarantees free public education to all school-age children. As a result, all kids have the right to an equal education regardless of race, ethnicity, religion, sex, wealth, or citizenship status (American Civil Liberties Union, n.d.).


05-071 C.M.R. ch. 4, § 03 - GENERAL REQUIREMENT OF NONDISCRIMINATION

Title IX protects students from unlawful discrimination in all academic, educational, extracurricular, athletic, and other programs or activities offered by school districts.

Sec. 4.001.  PUBLIC EDUCATION MISSION AND OBJECTIVES.  (a)  The mission of the public education system of this state is to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.  That mission is grounded on the conviction that a general diffusion of knowledge is essential for the welfare of this state and for the preservation of the liberties and rights of citizens.  It is further grounded on the conviction that a successful public education system is directly related to a strong, dedicated, and supportive family and that parental involvement in the school is essential for the maximum educational achievement of a child.

As stated in the Preamble, professional school counselors (PSC) are responsible for ensuring students' inherent rights are protected. Students should be treated with respect, dignity, and equal access to comprehensive school counseling programs (CSCP) regardless of their cultural differences (ASCA, 2016). The  American School Counseling Association’s Ethical Standards (ASCA) 2016 Ethical Standards also address PSCs' responsibilities to students, parents/guardians, schools, and themselves (G. Johnson & Carrico, 2020) 

(SAN ANTONIO INDEPENDENT SCHOOL DISTRICT Et Al., Appellants, V. Demetrio P. RODRIGUEZ Et Al., n.d.)

In an effort to promote nondiscrimination and as required by law, White Settlement ISD does not discriminate on the basis of race, color, religion, national origin, age, sex, or disability in providing education services, activities, and programs, including Career and Technical Education (CTE) programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.

Standard 1.10 The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state

(White Settlement ISD 2022–2023 Employee Handbook, 2015).

School staff begin risk management by understanding 

Start by assessing the school's current situation and identifying its strengths, as well as its needs and priorities. Stakeholder consultation is vital, especially with students and, where possible, parents. Tools such as surveys, questionnaires, focus groups, etc., can be used. Because discrimination experiences are sensitive, anonymously collecting the information would be ideal. The assessment of the current situation provides a basis for identifying immediate policy priorities. Priorities will vary with the school, but might include, for example:

If a school wishes to mitigate identified risks and prevent their recurrence, it must ask the following questions: 

A number of the ideas that have been found to be useful for mitigating risks are developed into tasks and contingency plans. The plans can be implemented if risks arise (Corporate Finance Institute, 2022).

ACA:D.1.h. Negative Conditions Counselors alert their employers of inappropriate policies and practices. They attempt to effect changes in such policies or procedures through constructive action within the organization. When such policies are potentially disruptive or damaging to clients or may limit the effectiveness of services provided and change cannot be affected, counselors take appropriate further action. Such action may include referral to appropriate certification, accreditation, or state licensure organizations, or voluntary termination of employment. 

ACA:I.2.f. Unfair Discrimination Against Complainants and Respondents Counselors do not deny individuals employment, advancement, admission to academic or other programs, tenure, or promotion based solely on their having made or their being the subject of an ethics complaint. This does not preclude taking action based on the outcome of such proceedings or considering other appropriate information. 
(American Counseling Association, 2014)

​(The School Counselor and Cultural Diversity - American School Counselor Association [ASCA], n.d.)