Module 7 by Brooklynn Stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z Module 7 of Legal & Ethical Principles en-us 2021-03-08 16:57:22 UTC 2024-10-15 05:58:58 UTC hello@padlet.com Freedom of Expression for Transgender Students on Campus brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303412970 The perspective is a middle counselor informing school staff on the K-12 educator's legal role of a student's freedom of expression on campus or in schools.

This Padlet will serve as a resource for staff at McCarroll Middle School after being made aware of laws and ethical standards on the topic. The purpose is that staff of MMS will have a resource to refer back to when dealing with these types of circumstances.

I chose this topic because gender expression is becoming a popular issue on campus. As the current counselors and I have been registering students for next year, we have seen an increase in questioning of filling out gender or male/female on registration forms. ]]> 2021-03-12 17:06:16 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303412970 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303492440 2021-03-12 17:22:28 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303492440 Interview brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303521697 In many settings, especially those of 504 and registering current students for next school year, I was able to talk with and interview my assistant principal and both counselors that I work with on campus. Our school district is in a rural town and we are not yet faced with what we call a real-world issue yet. All of us have noticed an increase in transgender students this year. As we have been assisting students fill out the required forms for next year, I have noticed that with students that are questioning the male/female piece of the form, we have explained that this is for athletic purposes, which helps because some of these are not in athletics. Therefore, that part of the form does not need to be filled out. I think that as we are noticing this issue come up, it requires us to address it and come up with protocol. My assistant principal explained to me that we are to call the student what they wish to be called, even if it does not match what our school district system says. In a recent 504 meeting, the mother of the student asked us to call her child by the name she had given the student, and we did so. However, as explained by my assistant principal, we do not reveal details of what the student prefers at school due to the student's privacy.
Currently we have a handful of transgender students at the middle school that have identified themselves as though. This needs to be addressed, because it will only become a more popular topic. ]]> 2021-03-12 17:28:40 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303521697 Professional Association brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303636825 The National Education Association (NEA) offers many resources in dealing with transgender students and their freedom of expression. In fact, the association has a downloadable version of student rights.
NEA link: https://www.nea.org/sites/default/files/2020-07/2018_Legal%20Guidance_Transgender%20Student%20Rights.pdf]]> 2021-03-12 17:53:44 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303636825 References brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303778523 American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Beaty, A. (March 2021). Personal interview.

Blad, E. (October, 2020).

Biden on transgender children’s rights: There should be zero discrimination. Education Week. Retrieved from: https://www.edweek.org/policy-politics/biden-on-transgender-childrens-rights-there-should-be-zero-discrimination/2020/10

Enis, L. (February 2021). Personal interview.

Jackson, C. (March 2021). Personal interview.

National Education Association. (June 2016). Legal guidance on transgender rights. Retrieved from: https://www.nea.org/sites/default/files/2020-07/2018_Legal%20Guidance_Transgender%20Student%20Rights.pdf

U.S. Const. amend. XIV

United States Department of Justice. (June, 2012). Equal access to education:
Forty years of title IX. Retrieved from: https://www.justice.gov/sites/default/files/crt/legacy/2012/06/20/titleixreport.pdf

Walsh, M. (December, 2020). High court declines challenge to district policy protecting transgender students. Education Week. Retrieved from: https://www.edweek.org/policy-politics/high-court-declines-challenge-to-district-policy-protecting-transgender-students/2020/12

]]> 2021-03-12 18:24:53 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303778523 High Court Declines Challenge to District Policy Protecting Transgender Students brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303916621 Article author, Mark Walsh, explains that the U.S. Supreme Court declined an appeal made by Dallas High School in Dallas, Oregon to hear a case of born biologically female, now male, transgender student who was denied use of locker room based on his current gender identity. The court settled that the student was able to utilize locker room space and that was not discriminatory.
"The challengers are not using Title IX to ensure that they have equal access to bathrooms and locker rooms as compared to members outside their protected class. Rather, they are trying to use Title IX to take away something which the school district granted the transgender boy to ensure that he was not denied equal access to bathrooms or locker rooms just because his gender did not match the gender typically associated with his sex at birth" (Walsh, 2020).]]> 2021-03-12 18:58:04 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1303916621 Biden on Transgender Children’s Rights: ‘There Should Be Zero Discrimination’ brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304164984 Pre-inauguration, Evie Blad reported that Biden responded to a fellow American at a town hall meeting in Philadelphia. Biden assured the man who claimed he had a transgender eight year old, that he would reinstate Obama's guidance of transgender students in Title IX. This guidance was rescinded by DeVos, Trump's Secretary of Education, leaving those issues up to the state. "Biden’s platform says that he would reinstate that guidance “on day one” and that he would “direct his Department of Education to vigorously enforce and investigate violations of transgender students’ civil rights" (Blad, 2020).]]> 2021-03-12 20:06:39 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304164984 JUDICIAL LAW brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304248090 2021-03-12 20:36:30 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304248090 CONSTITUTIONAL LAW brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304267447 2021-03-12 20:44:20 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304267447 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304268325 Texas Education Code does not clearly address gender but does address and state that students are eligible for public education based on age. There is no mention of gender. This would continue to fall under Title IX.

(Tex. Educ. Code § 30A.002)]]> 2021-03-12 20:44:42 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304268325 DISD McCarroll Middle School Student Handbook brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304277911 The campus student handbook states the definition of discrimination including that of sex and gender. ]]> 2021-03-12 20:48:27 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304277911 Title IX Education Amendments of 1972 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304330611 - Title IX prohibits discrimination on the basis of sex in education programs and activities
operated by recipients of federal financial assistance. ]]> 2021-03-12 21:10:18 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304330611 Fourteenth Amendment brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304360998 The 14th Amendment provides civil rights for all citizens of the United States, including those of transgender.

(U.S. Const. amend. XIV)]]> 2021-03-12 21:23:32 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304360998 STATUTORY (Federal) brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304431598 Currently there is no law specifically concerning transgender students. Since Trumps Secretary of Education, DeVos, it has been left up to the states. I did find Rhode Island's pursuant of the law "...prohibiting discrimination on the basis of sex, gender, sexual orientation, gender identity, or gender expression in schools" (Cornell Law School) ]]> 2021-03-12 21:58:26 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304431598 STATUTORY (State) brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304465270 2021-03-12 22:18:13 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304465270 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304468214 2021-03-12 22:19:45 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304468214 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304472970 2021-03-12 22:22:40 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304472970 Ethical Principles brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304536411 A. RESPONSIBILITY TO STUDENTS
A.1. Supporting Student Development
School counselors are obligated to ensure that students are treated respectfully.

A.11. Bullying, Harassment and Child Abuse
School counselors:
a. Report to the administration all incidents of bullying, dating
violence and sexual harassment as most fall under Title IX of
the Education Amendments of 1972 or other federal and state
laws as being illegal and require administrator interventions.
School counselors provide services to victims and perpetrator
as appropriate, which may include a safety plan and reasonable
accommodations such as schedule change, but school counselors
defer to administration for all discipline issues for this or any
other federal, state or school board violation.

Both of these ethical practices ensure that the school counselor aids in student success and reports behavior that doe snot meet expectation. Although neither standard specifically addresses transgender students or the expression of, both standards involve treating equally and procedure against discrimination.

(ASCA Ethical Standards for School Counselors, 2016)]]> 2021-03-12 23:07:03 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304536411 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304539369 2021-03-12 23:09:24 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304539369 My Connection brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304549210 In learning more about what is taking place on my campus currently, plus having to answer or have conversations with students who are transgender, it has opened my eyes to find answers and appropriate protocol. I learned that politics are playing a huge role in constitutional rights. It seems the blame game of this administration to that is taking place, yet no real answers or decisions have been made since the Trump administration allowed the issues to be followed up with the state. There again, nothing specifically addresses transgender. However, Title IX is being upheld. Yet the real problem lies in athletics and bathroom choice. Currently in our school, none of our transgender students are in athletics and they are able to use a staff bathroom located on the main hallway. Decatur ISD's board policies do not address transgender rights in students, only that of eligibility in employment. I expect that this issue will be addressed much more frequently in the times to come. While in my current role as an educator and future role as school counselor, my job will be to protect these students' freedom of expression. I will also offer them support to avoid discriminatory situations. ]]> 2021-03-12 23:17:40 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304549210 Best Practices brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304560479

Form a team compiled of members that hold validity on the subject.

I currently serve on our district's Diversity and Inclusion Committee. The group is made of of various campus' staff, community members, etc.

Create a consistent plan that supports students at all levels of their education.

School Counselors should attend trainings regularly to keep apprised of such issues.
- Educate district staff frequently on changing culture/trends. People don't know what they don't know. This will also eliminate bias and judgements.

Be willing to revisit constructed plans frequently and amend/change as needed to better support the district's students.

School Counselor should incorporate behavior expectations in guidance lessons to avoid discriminatory actions from peers.
School Administration should provide students with behavior expectations and consequences of actions to all.

]]> 2021-03-12 23:26:55 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304560479 brooklynn_stapleton https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304578116 2021-03-12 23:42:37 UTC https://padlet.com/brooklynn_stapleton/kmxzkv9ctxntc99z/wish/1304578116