LGBTQ Education: Legal and Ethical Principles Guide by Krista Hanks https://padlet.com/khanks11/pcvhwudhghf648mk Module 7 Padlet en-us 2021-07-14 05:25:59 UTC 2021-07-17 21:00:38 UTC hello@padlet.com Professional Perspective khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989632 As a high school counselor at a school of all at-risk students in Arlington, Texas, I have the opportunity to work each day with students who belong to the LGBTQ community.  Working with this population requires me to be knowledgeable about issues these students face to best support their academic and emotional well-being. To ensure I provide for these students, it is critical to address all legal and ethical issues surrounding their rights.

The resources included in this legal guide are designed to guide other school counselors and administrators in their work with the LGBTQ population.
]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989632 Rationale khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989636 Based upon my time working with LGBTQ students, I have seen the impact of discrimination based upon gender and sexual identity that has led to educational and mental hardships. As a school counselor, I will strive to ensure that all students have a sense of inclusivity by applying legal and ethical principles and seeking opportunities to bring awareness of these issues among faculty and staff. With interpretations of laws and ethics regarding LGBTQ rights expanding, counselors and administrators must implement policies and practices that will guarantee the rights of this marginalized population of students.]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989636 Importance in School Counseling khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989638 Jackie Parsons is the Assistant Principal at a high school for at-risk students, including a large population of LGBTQ students (personal communication, July 12, 2021). She shares that her students identifying as a sexual minority come to her school as a way to find a place of acceptance and receive an education with less discrimination from staff and students. Her experience shows that school counselors and administrators must understand the laws that affect how they educate students, regardless of gender or sexual identity. More recent interpretations of Title IX regulations expand those protected by the law to include LGBTQ students. These students who identify outside of the traditional gender norms need the same protections as all other students. It is the job of a school counselor and administrators to help guide a school to establish a safe learning space for all students.]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989638 Best Practices khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989640 1) Schools should establish a culture of inclusivity, ensuring that all students are given equal opportunities regardless of gender or sexual identity. To ensure schools meet their goals in this area, they should frequently solicit feedback from stakeholders and address any known issues immediately.
2) Faculty and staff should all receive LGBTQ sensitivity training to understand better the issues revolving around gender equity. 
3) Administration should uphold all rules and laws regarding harassment and discrimination to ensure that the school is seen as a safe space for students and staff.

(J. Parsons, personal communication, July 12, 2021)
]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989640 Emerging Issues khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989641 Addressing gender equity to include all gender identities is a current issue at the forefront of educational improvement (J. Parsons, personal communication, June 12, 2021). In schools where students identify as non-traditional gender and sexual minorities, schools must be prepared to serve and protect them while also providing them with a high-quality education. School counselors must establish a protocol for working with students, regardless of sexual identity, to meet their emotional needs. Additionally, schools must evaluate their policies for transgender students in the current climate, addressing bathroom, locker room, and sports team assignments while remaining respectful to all involved. ]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989641 Interviewee khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989642 Jackie Parsons
Assistant Principal
Venture High School]]> 2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989642 19 TAC §3.14 khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989646
  • This Texas Administrative Code establishes that higher education establishments must have a Title IX coordinator.
  • The role of the coordinator is to ensure compliance with Title IX regulations, which can protect LGBTQ student rights.

    • (19 TAC § 3.14, 2020)
    ]]>     2021-07-14 05:25:59 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648989646     Patsy Mink Equal Opportunity in Education Act (Title IX) khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648990638
  • President Nixon signed Title IX into law in 1972.
  • The law was meant to expand the interpretation of the equal rights protections included in the 14th Amendment by stating that a person can not be discriminated against based upon their sex.
  • This includes not limiting participation in or benefits of an event or program in schools and other institutions which benefit from funding on the basis of sex.
  • Recent interpretations have extended these protections to include LGBTQ students.

    • (Patsy Mink Equal Opportunity in Education Act, 1972)
    ]]>     2021-07-14 05:26:38 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648990638     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648991393 2021-07-14 05:27:08 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648991393 Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648997533 2021-07-14 05:30:48 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648997533 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648998350 Patsy Mink Equal Opportunity in Education Act, 20 U.S.C. § 1681 et seq. (1972). https://www.justice.gov/crt/title-ix-
    education-amendments-1972
    ]]>     2021-07-14 05:31:20 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1648998350     Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649000340 19 TAC § 3.14 (2020).]]> 2021-07-14 05:32:33 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649000340 14th Amendment khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649000706
  • This amendment to the U.S. Constitution establishes that states are not allowed to make or enforce any laws that will deny any citizen equal protections that will deny them life or liberty.  
  • The 14th Amendment can be applied to addressing LGBTQ Youth in schools as they are entitled to the protections outlined in this portion of the Constitution.

    • (U.S. Const. amend XIV)
    ]]>     2021-07-14 05:32:47 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649000706     Arlington ISD (AISD) Code of Conduct Policy on Discrimination khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649015671
  • AISD policy establishes discrimination based on sexual or gender identity as a Group III misbehavior.
  • This distinction is based upon the discrimination's potential disruption to learning and danger to a student's health or safety.
  • Potential corrective actions for students who exhibit discrimination include parent conferences, mediation, suspension, referral to law enforcement, and restorative practices.
    • (Arlington ISD Student Code of Conduct, 2020)
    ]]>     2021-07-14 05:41:54 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649015671     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649015970 2021-07-14 05:42:05 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649015970 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649016275 Arlington ISD. (2020). 2020-2021 Student Code of Conduct. https://www.aisd.net/wp-content/files/Student-Code-of- Conduct-English.pdf]]> 2021-07-14 05:42:17 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649016275 Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649019564 2021-07-14 05:44:07 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649019564 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649020681 U.S. Const. amend. XIV.]]> 2021-07-14 05:44:55 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649020681 ASCA Ethical Standards: E.2. Multicultural and Social Justice Advocacy and Leadership khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027480
  • The American School Counselor Association (2010) establishes the responsibility of professional school counselors and addresses the appropriate ethical response to LGBTQ issues under the umbrella of social justice initiatives.
  • While counselors should work to expand their knowledge of issues facing LGBTQ students, they should not impose their personal beliefs or values on student or stakeholders.

    • (American School Counselor Association, 2010)
    ]]>     2021-07-14 05:49:13 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027480     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027728 2021-07-14 05:49:23 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027728 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027963 American School Counselor Association. (2010). Ethical standards for school counselors. https://dpi.wi.gov/sites/default/files/imce/sspw/pdf/scethicalstandards.pdf]]> 2021-07-14 05:49:31 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649027963 The American School Counselor Association (2020) Position Statement on LGBTQ Youth: khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032099
  • School counselors must help foster a respectful educational environment for all students, regardless of their gender identity or sexual expression, to combat the negative experiences that can impact students from these marginalized groups.
  • LGBTQ students report an increased risk of challenges in schools, including bullying and harassment, negatively impacting their educational experiences. School counselors must recognize these issues to help promote a healthy self-image and a safer school environment.
  • School counselors should advocate for LGBTQ students as they express their gender identity and help create an affirming environment in schools.
  • Schools and counselors should identify LGBTQ students experiencing higher absenteeism rates and lower academic achievement by addressing issues that impact the student’s mental health.
  • To support LGBTQ students, a counselor should foster a non-judgmental counseling environment and provide safe spaces for students.
  • School counselors should also ensure that the school provides the necessary training for staff and students to reduce incidences of harassment and bullying and introduce a more inclusive curriculum. Training should include information on the risk factors for LGBTQ youth.
  • Counselors should advocate for LGBTQ rights regarding their education, including ensuring that they are offered the same opportunities as other students and are protected in all school facilities while also supporting students in the event of possible discrimination.
  • To support families, counselors should identify resources community-wide and work with families of students who are coming out.

    • (American School Counselor Association, 2020)
    ]]>     2021-07-14 05:52:29 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032099     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032303 2021-07-14 05:52:38 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032303 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032420 American School Counselor Association. (2020). The school counselor and LGBTQ youth. Schoolcounselor.org. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-LGBTQ-Youth
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    ]]>     2021-07-14 05:52:43 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649032420     Summary khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649038457
  • Adams, a Florida transgender teen, challenged a policy that kept him from using the boys’ bathrooms in high school on the grounds of the Equal Protection Clause in the 14th amendment and Title IX regulations in Adams v. St. Johns County School Board.
  • While his school district had implemented policies of using preferred pronouns, they had not adopted a transgender-inclusive restroom policy. 
  • The student had used the boys’ restroom for the first nine weeks of school before being told he had to revert to the girls’ bathroom. 
  • The courts inititially found in favor of Adams, highlighting discrepancies in both Title IX and the Equal Protection Clause; however, the school district appealed the ruling.
  • After hearing the appeal, the court found that the district’s policy was inconsistent and unjust as they failed to recognize the validity of Adams’s updated birth certificate, which lists him as male.
  • The dissenting opinion argued for the legality of sex-determined bathrooms against the policy of removing privacy through allowing transgender bathroom usage and argued against the need to update gender in official documents.
  • While the decision on appeal only addressed conflicts with the Equal Protection Clause, other cases have found that transgender student rights are protected by Title IX.

    • (Walsh, 2021)
    ]]>     2021-07-14 05:57:15 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649038457     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649038516 2021-07-14 05:57:18 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649038516 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649039410 Walsh, M. (2021, July 14). Appeals  court again backs transgender student, but on narrower grounds amid signs of rift. Education Week. https://www.edweek.org/policy-politics/appeals-court-again-backs-transgender-student-but-on-narrower-grounds-amid-signs-of-rift/2021/07

    ]]>     2021-07-14 05:57:53 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649039410     Summary khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052051

    • According to the U.S. Department of Education’s interpretation, LGBTQ student rights are protected under Title IX regulations.
    • This announcement aligns with President Biden’s January 2021 executive order addressing gender identity and sexual orientation discrimination. This decision is a departure from interpretations during Trump’s administration which claimed that Title IX protections did not apply to LGBTQ students.
    • While the Supreme Court had previously found that LGBTQ discrimination is unlawful in the workplace, applying this ruling to schools was unclear before the new Title IX interpretations.
    • However, reversals are possible unless the Supreme Court applies it in future cases.
    • Feedback from the Department of Education hearing will seek to address additional Title IX concerns, specifically those related to amendments drafted by Betsy DeVos, former U.S. Secretary of Education.

  • (Modan, 2021)




    • ]]>     2021-07-14 06:07:06 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052051     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052159 2021-07-14 06:07:11 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052159 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052898 Modan, N. (2021, June 17). Ed Dept: Title IX protects LGBTQ students. K-12 Dive. https://www.k12dive.com/news/ed-dept-title-ix-protects-lgbtq-students/601933/
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    ]]>     2021-07-14 06:07:41 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649052898     Romer v. Evans khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776084
  • In 1992, Colorado voters passed Amendment 2, which stated that homosexuals and bisexuals could not be considered a protected class in the state.
  • Romer v. Evans (1996) found that this Amendment violated 14th Amendment protections.
  • The courts also found that Amendment 2 did not further legitimate state interests.
  • The findings in this case clarify the position of protections for sexual minorities.

    • (Romer v. Evans, 1996)
    ]]>     2021-07-14 18:39:27 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776084     Link khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776725 2021-07-14 18:40:19 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776725 Citation khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776833 Romer v. Evans, 517 U.S. 620 (1996)]]> 2021-07-14 18:40:29 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1649776833 Best Practices khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1650409592
  • Treat all students, regardless of sexual or gender identity, with respect.
  • Adopt inclusive language and model its usage with faculty and staff.
  • Commit to learning more about issues facing the LGBTQ population.
  • Institute inclusivity and risk identification training for faculty and staff.
  • Encourage staff to integrate inclusive curriculum.
  • Create safe spaces for LGBTQ students through organizations like the Gay-Straight Alliance.
  • Hold students and staff accountable for any instances of discrimination as outlined in the Code of Conduct.
    • ]]>     2021-07-15 02:38:38 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1650409592     Personal Connection khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1652206959 As I explored the legal and ethical standards related to equity in LGBTQ education, I discovered the responsibilities of a school counselor to ensure a safe environment for this marginalized population. These standards helped me to identify practical ways to serve students in gender and sexual minorities. By considering the expanded interpretations of the 14th Amendment and Title IX requirements, it is evident that educators must make strides to eliminating discrimination on our campuses.]]> 2021-07-16 03:44:42 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1652206959 Personal Reaction khanks11 https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1652215600
  • Upon reviewing current events, laws, and regulations, I first felt compelled to begin doing more to protect the LGBTQ students on my campus.
  • Understanding the current controversies surrounding this issue has inspired me to integrate more training and awareness activities to ensure that all faculty members are on board with the mindset and policy changes that need to happen to protect LGBTQ students.
  • Evaluating this issue has reinforced my goal of creating an inclusive counseling program on my campus and utilizing my influence to ensure that the campus is a safe space for all students.
    • ]]>     2021-07-16 03:50:35 UTC https://padlet.com/khanks11/pcvhwudhghf648mk/wish/1652215600