Freedom of Speech in Schools by Nicole Sollie https://padlet.com/nsollie/ij04lw1a9whr3ytr EDG 6305 Legal and Ethical Principles Guide en-us 2021-03-01 14:04:20 UTC 2021-03-14 16:28:57 UTC hello@padlet.com http://cliparts.co/cliparts/rTL/xGb/rTLxGbBMc.png Slide #1: Professional Perspective/Audience/Topic nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1253174793 The Legal and Ethical guide is coming from a professional perspective of a Professional School Guidance Counselor. The Legal and Ethical guide is tailored to educators, specifically school counselors, to best assist K-12 students. The guide provides resources and highlights students' freedom of speech rights and implications as a student.]]> 2021-03-01 14:09:25 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1253174793 Slide #2: Summary of Topic nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1253175172 School counselors have a crucial responsibility to students by supporting student development. It is imperative that school counselors are knowledgeable about laws and policies that affect students so their rights are continually protected. School counselors are often prominent figures in discipline guidance so the understanding of legal principles will warrant that decisions can be properly made and potential risk will be reduced. Additionally, counselors can help ensure 
staff members receive adequate and reoccurring trainings, necessary resources, and opportunities for educational growth so ethical and legal decisions can be properly made to reduce potential risk and protect the legal rights of students.

Educators should be aware of emerging issues surrounding race, religion, equity, and diversity. There has been an increase in events going on around the country, including school walkouts/protests, that personally affect so many students in a variety of manners. It is important that difficult, diverse conversations are being fostered at schools, students have opportunities to learn the value of their free speech rights, and the personal, social, emotional, and academic development of students are being met. These topics are promoting and encouraging more conversations that exemplify free speech and expression so it is vital, now more than ever, that educators entirely apprehend their rights and students' rights. It is important that educators and students grasp and value their free speech rights so the development of students remains nurtured.]]> 2021-03-01 14:09:29 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1253175172 Slide #12: Non-Law Source nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300769450 Citation:
Gutmann, A. (1997). What Is the Value of Free Speech for Students. Arizona State
            Law Journal, 29(2), 519–536.

Resource Information: The value of free speech in primary and secondary education is essential to ensure that students know that they are considered equal citizens and have rights. It is the responsibility of schools to meet the needs of the diverse population through the teachings of dialogue, deliberation, constructive ideas, and reasonably resolving disagreements. Educators have the responsibility to help students speak, listen, and respond to conversations that embody free speech rights (Gutmann, 1997).

Link: https://1-next-westlaw-com.easydb.angelo.edu/Document/I5d774161227b11dbbab99dfb880c57ae/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad73aa70000017823dbe13ad9c30514%3Fppcid%3D2c69c69f3b604ec5a79dc58735600438%26Nav%3DANALYTICAL%26fragmentIdentifier%3DI5d774161227b11dbbab99dfb880c57ae%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=1f2458c299a1a751f8f0679b195293f3&list=ANALYTICAL&rank=1&sessionScopeId=b4574a9cb76b2a3a69856a96f59130817b776d301f8c5a121957d25b51e657e4&ppcid=2c69c69f3b604ec5a79dc58735600438&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29

]]> 2021-03-12 00:35:55 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300769450 Slide #6: Original Sources of Law nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300790493
  • Citation: Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
  • Source of Law: Judicial Law
  • Link: https://www.law.cornell.edu/supremecourt/text/393/503
  • PDF: https://tile.loc.gov/storage-services/service/ll/usrep/usrep393/usrep393503/usrep393503.pdf
  • Summary: Tinker v. Des Moines Independent Community School District (1969) was a landmark Supreme Court ruling supporting students’ rights to free speech in public schools (Tinker v. Des Moines Independent Community School District, 1969). Mary Beth Tinker and four other students were suspended when they wore black armbands to school to protest the Vietnam War. The students, represented by the ACLU, filed a First Amendment lawsuit as they believed their freedom of expression had been violated. The Supreme Court culminated the four-year long fight when they found that the First Amendment, in fact, applied to public schools and it was concluded that schools could not repress student speech unless the expression disrupted educational development. The students’ armbands were not disruptive to educational learning, thus upholding the First Amendment protected their rights to wear them.
    • ]]>     2021-03-12 00:42:22 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300790493     Slide #3: Professional Association nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300795863 Citation:
    Stone, C., ED.D. (n.d.). Your first amendment rights: limitations and freedoms.
                Retrieved from https://www.ascaschoolcounselor-           
                digital.org/ascaschoolcounselor/january_february_2021/
                MobilePagedArticle.action?articleId=1653295#articleId1653295

    Link: https://www.ascaschoolcounselor-digital.org/ascaschoolcounselor/january_february_2021/MobilePagedArticle.action?articleId=1653295#articleId1653295

    Summary: As a future school counselor, it is imperative that I understand educator and student rights to effectively and appropriately promote diversity. Through the utilization of the ASCA Mindsets & Behaviors, ASCA Ethical Standards, and ASCA position statements, First Amendment rights knowledge and diverse work as a counselor can be successfully fulfilled (Stone, n.d.).]]>     2021-03-12 00:44:10 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300795863     Slide #4: Current News Articles nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796207 Citation:
    Walsh, M. (2021, January 8). U.S. supreme court to weigh whether schools may
                discipline students for internet speech    . Retrieved from
                https://www.edweek.org/policy-politics/u-s-supreme-court-to-weigh-
                whether-schools-may-discipline-students-for-internet-speech/2021/01

    Link: https://www.edweek.org/policy-politics/u-s-supreme-court-to-weigh-whether-schools-may-discipline-students-for-internet-speech/2021/01

    Summary:
    • Pennsylvania school district’s appealed a court ruling that had overturned the discipline of a high school student who had posted a vulgar message on Snapchat about her cheerleading team. The student was disciplined due to foul language and disrespect to coaches and teammates. The student's parents sued the district stating First Amendment rights were violated and that the school's rules were broad and vague (Walsh, 2021).
    • Students' free speech and expression off campus, specifically on the internet, is questioned when it comes to discipline matters. This matter has become increasingly more popular as schools are utilizing remote learning (Walsh, 2021).
    • The case is still underway as it is unclear if schools can regulate any type of inappropriate speech that occurs online and off campus, even if it were to disrupt on campus life (Walsh, 2021).
    • Schools' authority to discipline students for online behavior, due to the new remote learning environment, is still in question and unclear (Walsh, 2021).
    • The issue whether Tinker v. Des Moines Independent Community School District (1969) could be applied to off campus is a present debate. The U.S. Supreme Court has taken up the case to provide greater clarity to lower courts and schools about regulation of student off campus speech (Walsh, 2021).
    ]]>     2021-03-12 00:44:17 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796207     Slide #5: Current News Articles nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796339 Citation:
    Smarick, A. (2018, November 13). Why schools must safeguard free speech
                (opinion)    . Retrieved from https://www.edweek.org/teaching-
                learning/opinion-why-schools-must-safeguard-free-speech/2018/11

    Link: https://www.edweek.org/teaching-learning/opinion-why-schools-must-safeguard-free-speech/2018/11

    Summary: 
    • K-12 schools have a direct impact of fostering and protecting diverse viewpoints in higher education (Smarick, 2018).
    • Universities/Colleges and K-12 schools need to work together to ensure free speech and expression is protected (Smarick, 2018).
    • Creating environments that protect expression, will guide productive, yet challenging discussions. Safe and welcoming environments will allow students who possess differing opinions grow together (Smarick, 2018).
    • In order to create these environments, students need to be better prepared for the conversations by providing them with the skills to productively engage with each other. Today's students are overprotected, unskilled at debates, and associate words with violence. Students lack an appreciation for the value of free speech/expression (Smarick, 2018). 
    • To allow K-12 schools and Universities/Colleges to work together, colleges should prioritize the beliefs and skills necessary to engage in a community of differing perspectives. If college applications change, the emphasis on K-12 schools ensuring high test scores to appeal to college applications, will regress. K-12 schools need to be able to prioritize different things to ensure students are ready for a diverse world that values free speech and expression (Smarick, 2018).
    ]]>     2021-03-12 00:44:20 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796339     Slide #7: Original Sources of Law nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796498
  • Citation: U.S. Const. amend. I.
  • Source of Law: Constitutional Law
  • Link: https://constitutioncenter.org/interactive-constitution/amendment/amendment-i
  • Summary: The First Amendment, one of the ten amendments of the United States Bill of Rights, protects freedom of speech (U.S. Const. amend. I.). It prevents Congress from making laws that establish religion, prohibit free exercise of religion, or outlaw freedom of speech, freedom of press, freedom of assembly, or the right to petition (U.S. Const. amend. I.). The First Amendment rights ensure that individuals can think, speak, and act undaunted of being punished for disagreeing with the government (U.S. Const. amend. I.).
    • ]]>     2021-03-12 00:44:23 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300796498     Slide #8: Original Sources of Law nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797571
  • Citation: Tex. Const. art. I, § 8.
  • Source of Law: Constitutional Law
  • Citation: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm
  • Summary: The Texas Bill of Rights affords much the same protections as the United States Bill of Rights. Article I, Section 8 of the Texas Constitution Bill of Rights, highlights individuals’ freedom of speech or press (Tex. Const. art. I, § 8). It states that people are free to speak, write, or publish personal opinions on any subject and no law can be passed to restrain that liberty (Tex. Const. art. I, § 8).
    • ]]>     2021-03-12 00:44:43 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797571     Slide #9: Original Sources of Law nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797713
  • Citation: Protected Expression on Campus, Tex. Educ. Code § 51.9315
  • Source of Law: Statutory Law
  • Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm
  • Summary: Section 51.9315, Texas Education Code, states that any higher education institute implement a policy specifying student’s expressive activities rights and responsibilities on its campus (Tex. Educ. Code § 51.9315). The institute cannot penalize or deny benefit to a student organization based on political, religious, philosophical, ideological, or academic viewpoint or expression (Tex. Educ. Code § 51.9315). It protects the rights of individuals ensured by the United States Constitution and recognizes freedom of speech, assembly, and expression (Tex. Educ. Code § 51.9315).
    • ]]>     2021-03-12 00:44:46 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797713     Slide #10: Local Administrative Law/Policy/Rule nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797869
  • Local Policy/Rule: Plano Independent School District 2020-2021 Student/Parent Policy Guide “Student Expression”
  • Citation: 
    • Plano Independent School District. (2020). 2020-2021 Student
            Parent Policy Guide [PDF file]. Retrieved from  
                        https://www.pisd.edu/pp_policyGuide_English
    • Link: https://www.pisd.edu/pp_policyGuide_English
    • Description: Plano ISD is making a commitment to allow and value free student expression. Plano ISD’s 2020-2021 Student/Parent Policy Guide clearly states the legal requirement to allow free student expression on Plano ISD campuses. 
    ]]>     2021-03-12 00:44:49 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300797869     Slide #11: Ethical Principle nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300798010 Ethical Principle:
    A.     RESPONSIBILITY TO STUDENTS
    A.1. Supporting Student Development
    (g). Are knowledgeable of laws, regulations and policies affecting
    students and families and strive to protect and inform students
    and families regarding their rights (American School Counselor Association, 2016).

    Citation:
    American School Counselor Association. (2016). ASCA Ethical Standards for
                School Counselors [PDF file]. Retrieved from
                https://www.schoolcounselor.org/asca/media/asca/Ethics/
                EthicalStandards2016.pdf

    Link: https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

    Connection: As a future school guidance counselor, I must be knowledgeable about laws that affect students and/or guardians to ensure their rights are fairly being met and respected at all times. As an advocate for students, I must be able to make well-informed decisions and follow required procedures to protect myself and students so students' academic, personal, social, and emotional development are enhanced.]]>     2021-03-12 00:44:52 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300798010     Slide #13: List of Recommendations / Best Practices for Compliance nsollie https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300798148
  • Educators must know federal, state, and local laws relating to free speech to potentially reduce legal liability risk. Counselors should utilize trainings to provide opportunities for educators to learn the legal requirements surrounding students' rights.
  • Ensure ASCA Ethical Standards for School Counselors are thoroughly understood and followed (American School Counselor Association, 2016).
  • Promote trainings surrounding First Amendment rights for educators and students to help reduce legal liability risk.
  • Promote trainings surrounding appropriate diverse education to ensure educators are valuing students' free speech rights.
  • Educators, specifically school administration, must fully understand federal, state, and local policies about discipline. It is essential that before discipline is enforced, students' rights are respected and legally adhered to. The counselor, as a student advocate, can help warrant that students' First Amendment rights are protected and ethical decisions are being made.
  • It is imperative that school guidance counselors are knowledgeable about laws that affect students and/or guardians to ensure their rights are fairly being met and respected at all times. Counselors have a responsibility to ensure students' academic, personal, social, and emotional development are enhanced. Counselors must provide resources and opportunities for educational growth to educators to guarantee well-informed decisions and follow required procedures to protect the school and students are met.
    • ]]>     2021-03-12 00:44:54 UTC https://padlet.com/nsollie/ij04lw1a9whr3ytr/wish/1300798148