Legal and Ethical Padlet - School Counselors and Undocumented Students by https://padlet.com/jmaldonado214/haqp16f838gu47gb en-us 2022-07-15 01:12:03 UTC 2022-07-20 22:14:16 UTC hello@padlet.com Slide 1: Perspective, Audience, and Topic jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243796174 As an educator and a future school counselor, we are naturally life long learners. In being so, it is essential that we keep up with the ever changing legislation in education, the newest policies and laws. Educators are legally responsible to provide an educational service to all students while a school counselors must be advocates for all students.
This legal guide is geared toward K-12 professional school counselors who are charged with ensuring that every student on campus has equal access to a comprehensive school counseling program.

The topic covered in this Legal Guide is school counselors working with undocumented students in the K-12 setting. I choose this topic because besides immigration being a very controversial topic at the moment, these students are in our classrooms everyday. This past year I had three of these students that sat in my classroom. They did not know the language, customs or traditions of our school. It is important that we acknowledge that regardless of what is happening in politics, we have a duty to provide these students with not only an equal education opportunity, but that they feel supported and safe in our schools. ]]> 2022-07-15 02:00:53 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243796174 Slide 3:Professional Association jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243823146 The ASCA position statement is an informative resource on school counselors working with undocumented students. It provides reference to statutory laws pertaining to equal services to all students and how this population has unique challenges due to their circumstances. It also provides a summary of the ethical duties of school counselor when working with all populations of students, specifically marginalized groups.

Citation: American School Counselor Association, (22 December 2020). The school counselor and working with students experiencing issues surrounding undocumented status. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Working-with-Students-Exp ]]> 2022-07-15 02:32:42 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243823146 Slide 4: U.S. Supreme Court Education Decisions to Overrule jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243862840

The article provides a list of possible high court education cases that could be overturned.

One of the court decisions on the list that could face possible overturn is Plyer v. Doe (1982) and affirmative action decisions for college admissions which can have implications on race conscious K-12 programs.

Walsh, M. (11 May 2022). Conservatives’ checklist: U.S. Supreme Court education decisions to overrule. Education Week: Laws and Courts. https://www.edweek.org/policy-politics/conservatives-checklist-u-s-supreme-court-education-decisions-to-overrule/2022/05

]]> 2022-07-15 03:19:43 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243862840 Slide 6: Constitutional Law jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243915297 Federal Level
While the right to an education is not a fundamental law, the 14th Amendment "may not deny any person equal protection of the laws" which extends to K-12 public education (U.S. Const. amend. XIV, § 1).

United States Constitution, amend. XIV, § 1, https://www.archives.gov/milestone-documents/14th-amendment#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.

State Level
The Texas Constitution states " “A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” (Texas Const. art. 7, § 1).

Texas Constitution, Article 7 § 1, https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

]]> 2022-07-15 04:42:25 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2243915297 Slide 7: Statutory Law jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244645510 Federal Level
The Family Educational Rights and Privacy Act (1974) protects the privacy of students’ personal information and their academic and behavioral records. This means that students can enroll in public K-12 schools without having to reveal their immigration status to school authorities, and therefore can attend school without fear that that information might be used as the basis for discrimination, intimidation, or deportation.

The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99. https://uscode.house.gov/view.xhtml?req=Family+Educational+Rights+and+Privacy++Act&f=treesort&fq=true&num=20&hl=true&edition=prelim&granuleId=USC-prelim-title20-section1232g

State Level
The Texas Education Code states that "any individual within the jurisdiction or geographical boundaries of the educational institution" will be provided equal educational services or opportunities from public educational institutions (TEC § 1.002).

Texas Education Code, Equal Educational Services or Opportunities, § 1.002. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm#1.002

]]> 2022-07-17 02:07:32 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244645510 Slide 8: Administrative Law jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244654728 Federal Level
The U.S. Department of Education (1964) enforces that "No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies" under the Civil Rights Act of 1964.

U.S. Department of Education, Ensuring Equal Access to High Quality Education, Washington D.C. Retrieved from Office of Civil Rights. https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr100.html

A Dear Colleague Letter (2014) by the U.S. Department of Education states that "Under Federal law, State and local educational agencies (hereinafter “districts”) are required to provide all children with equal access to public education at the elementary and secondary level". This Letter replaces one written in 2011. It also states that it enforces Titles IV and VI of the Civil Rights Act of 1964 that prohibit discrimination (Dear Colleague Letter, 2014).

Lhamon, C.E., Rosenfelt, P.H. & Samuels, J. (8 May 2014). Dear colleague letter. Washington D.C. U.S. Department of Education, Office of Civil Rights. Retrieved from: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405.pdf

State Level
The Texas Administrative Code for Texas professional school counselors Standard IV. states "Learner-Centered Equity and Excellence for All Learners: The certified school counselor promotes academic success for all learners by acknowledging, respecting, and responding to diversity while building on similarities that bond all people (19 TAC § 239.25)

Texas Administrative Code, 19 § 239.25, https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=239&rl=15

]]> 2022-07-17 02:55:40 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244654728 Slide 9: Judicial Law - Federal Level jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244655279 The U.S. Supreme Court in Plyer v. Doe (1982) voted that public schools can not deny undocumented children in K-12 an educational opportunity (Plyer v. Doe, 1982).

Plyer v. Doe, 457 US 202 (1982). https://www.uscourts.gov/educational-resources/educational-activities/access-education-rule-law

State Level
"In 1975, the Texas Legislature authorized local school districts to deny enrollment in public schools to foreign-born children who were not “legally admitted” to the United States. Shortly thereafter, a group of students from Mexico who could not establish that they were “legally admitted” brought a class action lawsuit challenging the policy. The district court, after making extensive findings of fact, held that the policy violated the Constitution and was also “preempted” by federal immigration law. A federal appeals court upheld the injunction, although its decision rested on constitutional rather than preemption grounds. The school district then filed a petition with the Supreme Court, which granted the case for review" (American Immigration Council, 2016).

American Immigration Council, (2016 October 24).

plyler-v-doe-public-education-immigrant-students

]]> 2022-07-17 02:58:38 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244655279 Slide 5: A Decade After DACA jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244671438

A majority of undocumented immigrants are graduating high school across the United States and not do have any protection from deportation (Jordan, 2022).

As a school counselor and educator, we may not ask or know the status of our students, but being aware of the what is going on in the world and how it is impacting some of our students is important in order to provide them with support and resources, if and when they need it.

Jordan, M. (16 June 2022). A decade after DACA, the rise of a new generation of undocumented students. The New York Post. https://www.nytimes.com/2022/06/15/us/daca-dreamers-immigration-reform.html

]]> 2022-07-17 04:30:13 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244671438 Slide 10: Northside ISD Newcomer ESL program jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244673993 Northside ISD (NISD) a school district in the city of San Antonio has created a program called the Newcomer ESL Program. This program provides a specially designed curriculum that helps acculturate recent immigrant English learners to their new country, new school, and new language within a safe, supportive environment (NISD, n.d.)

Northside ISD, (n.d.). New comer program. Retrieved on July 16, 2022. https://www.nisd.net/district/bilingual-esl/esl/newcomer-program]]> 2022-07-17 04:42:31 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2244673993 Slide 11: ASCA Ethical Standards for School Counselors jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245483135 The ASCA Ethical Standards for School Counselors states that school counselor have a responsibility to all students. One of the bulleted standards in the Preamble (2016) reads " Equitable access to school counselors who support students from all backgrounds and circumstances and who advocate for and affirm all students regardless of but not limited to ethnic/racial identity; nationality; age; social class; economic status; abilities/disabilities; language; immigration status; sexual orientation; gender identity; gender expression; family type; religious/spiritual identity; and living situations, including emancipated minor status, wards of the state, homelessness or incarceration. "
This statement makes it clear that every student that attends a public school has equitable access to a school counselor, and that school counselors must serve as a voice for underserved populations

American School Counselor Association, (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities]]> 2022-07-18 15:23:22 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245483135 Slide 12: Personal Connection jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245500004 Ethical and legal standards do not always align in education. As an educator and as someone who is strongly ethical, the law sometimes does not seem to make sense with what seems the "right thing to do." However, I also understand that these laws are in place for a reason and have provided me and my family with opportunities that we might not have had otherwise. As a Latino woman who grew up in a small rural south Texas town, opportunities were not abundant; however, due to the laws in place that provided me with bilingual and migrant services in elementary school, I was able to graduate from high school, and attend college on scholarships and financial aid. There is also laws in place that helped my family through some of the toughest times. These laws helped support my journey and get me where I am today. Ethics are extremely important to me, and I will always do what is right unless there is a law that prevents me from it. Fortunately, I can still advocate for what I believe is right without breaking or undermining laws that might not always be in the best interest of everyone. ]]> 2022-07-18 15:53:12 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245500004 Slide 13: Best Practices jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245514039

Under Federal law, State and local school districts are required to provide all children with equal access to public education (U.S. Dept. of Education, 2015).

The United States Supreme Court held in the case of Plyler v. Doe, 457 U.S. 202 (1982), that a State may not deny access to a basic public education to any child residing in the State, whether present in the United States legally or otherwise.

School districts may not request information with the purpose or result of denying access to public schools on the basis of race, color, or national origin (U.S. Dept. of Education, 2015).

Do not inquire about a student’s immigration status. Students may have legitimate fears about disclosing this type of information (U.S. Dept. of Education, 2015).

Understand students’ privacy rights of their educational record (Stone, 2017).

As a school counselor, seek resources for undocumented students’ broader needs (Stone, 2017).

Know the most recent law or legislation. Ask questions until you fully understand your state's position on supporting undocumented students. This will be the best way to know who to advise students and their parents and provide them with the best resources available (Stone, 2017).

Stone, C. (1 May 2017). Support undocumented students. America School Counselor Association. https://www.schoolcounselor.org/Magazines/May-June-2017/Support-Undocumented-Students

U.S. Department of Education, (20 October 2015). Resource guide: Supporting undocumented youth. https://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf

]]> 2022-07-18 16:21:46 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2245514039 Slide 2:Interview jmaldonado214 https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2247125257 Mrs. Wendy Brewer, one of the middle school counselors at Medina Valley Middle School, understands the circumstances when working with undocumented students. Mrs. Brewer begin her education career in El Paso, Texas as an elementary bilingual teacher sixteen years ago. "In my time as a classroom teacher, I had students that were undocumented. I didn't ask them about their status, but I knew. I tried to provide them and their parents with resources as best as I could," she shared, (W. Brewer, personal communications, July 15, 2022). Mrs. Brewer felt that she could help students on a wider platform by becoming a school counselor, which took her out to a high school in Arizona. Mrs. Brewer shared that at that time, the Obama Administration had passed the Deferred Action for Childhood Arrivals, or DACA. After a few years, she found her way to San Antonio, Texas, and is currently a middle school counselor at Medina Valley Middle School. Brewer stated that Medina Valley is a growing district with changing demographics. Just this school year, the district received their first Afghanistan refugees. She said that keeping up with policy and legislation is extremely important in her position. She said that she is a member of ASCA, attends as many workshops and trainings as her schedule allows. The overturn of Roe v. Wade worries Brewer after seeing that the Supreme Court might be reconsidering other landmark court decisions, like Plyer v. Doe. "As a public school district, it is our responsibility to provide every student in our district with an education. Everyone should feel safe and welcomed here. I worry what would happen if the Supreme Court was to actually overturn these decisions. What would happen to these students?", she wondered (Brewer, personal communication, July 15, 2022).

As a school counselor, I have a legal and ethical obligation to all students on my campus regardless of their immigration status. Educating myself on the latest policies and legislation is critical in being able to provide the best resources for students in need, as well as advocate for all students. ]]> 2022-07-20 21:29:38 UTC https://padlet.com/jmaldonado214/haqp16f838gu47gb/wish/2247125257