Legal & Ethical Guide by Amariah Pinchback https://padlet.com/apinchback1/qnz6q7orhl8kcokb A legal and ethical guide exploring the topic of services supporting student mental health. en-us 2022-06-08 01:41:55 UTC 2022-07-18 16:54:27 UTC hello@padlet.com Description: apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214320043 The topic that this legal and ethical guide addresses are mental health services for students. My field of education is in administrative leadership and the audience this guide can be helpful to are other administrators specifically in the K-12 public school setting. My professional perspective is related to my experience as a former elementary school teacher with over 2 years' experience. I chose this topic because I have seen first-hand in the classroom how important it is for students to have access to mental health services that they qualify for in order to encourage the best possible educational experience for them.]]> 2022-06-08 01:59:33 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214320043 Interview with Ms. Parker (Counselor) with Andrews I.S.D. related to Mental Health Services for Students. apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214321667 1) I interviewed Ms. Parker with Andrews I.S.D. (in Andrews, TX) who is a counselor at the elementary school level. I chose to interview Ms. Parker because she is considered an expert in the mental health field for students with other 9 years' experience in education. Link to bio attached above.
2) My legal guide topic of "mental health services" for students is vital in my field of education because students are entitled to these services by law if they meet qualifying standards and it is for their personal benefit. Ms. Parker, a counselor at Andrews I.S.D. who I interviewed mentioned Maslow's Hierarchy of needs role in this, and student learning is not being maximized if these services aren't provided. Ultimately, the main priority is creating a safe environment that contributes to optimal student learning. A part of doing this is ensuring students receive mental health services.
3) Best Practices related to Mental Health Services for Students: 
- Cultural competence & Sensitivity 
- Adhering to ethical guidelines concerning student privacy and reporting student data to others
- Professional competence (knowing when to consult others or reach out for expert support when needed
4) An Emerging Issue: 
Right now, one of the biggest issues related to student mental health is supporting the LGBTQIA+ student community. Some teachers are being sued for not using correct pronouns. Not to mention, students in this category are also being bullied or discriminated against. As a future administrative educator, I would need to keep an eye on this topic to ensure all students are receiving needed mental health support especially those in this community. 
____________________________
To comply with legal requirements and compliance issues counselors have to guidelines and services laid out in the district's counselors handbook as well as the state handbook. This includes maintaining certifications and other professional development. An interesting recent note is that since the Uvalde tragedy there may be new mental health services legislation from the governor, but they have yet to be briefed on that. 
Additionally, suicidal ideation seems to be one of the biggest issues related to student mental health. However, a game changer in this area has been their current partnership with Texas Tech University (providing outside counseling) and implementing a behavioral threat team to investigate and work with the student to provide needed services.
Finally, as for student and employee rights related to student mental health Ms. Parker mentioned the Mental Health Services for Students Act of 2020 (116th Congress, 2020).
References

Parker, K. (2022, July 15). "Practical Advice Related to Student Mental Health Services". Personal Interview.

Text - H.R.1109 - 116th Congress (2019-2020): Mental Health Services for Students Act of 2020. (2020, September 30). http://www.congress.gov/ 

]]> 2022-06-08 02:00:56 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214321667 Student mental health a priority for local school districts. Tribune Content Agency, 2022. apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214323204 Citation: Student mental health a priority for local school districts. (2022, May 20). Messenger-Inquirer (Owensboro, KY).
Link: https://easydb.angelo.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edsbig&AN=edsbig.A704371861&site=eds-live&scope=site 
Summary:
- Supporting student health includes providing students with healthy coping skills
- Trauma informed practices improves staff ability to recognize and assist students in their mental health journey
-Where decision-making is concerned, it is good to make an effort to incorporate student voice]]> 2022-06-08 02:02:12 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214323204 How schools and the Biden administration are prioritizing student mental health. National Public Radio, Inc. (NPR), 2022. apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214323829 Citation: How schools and the Biden administration are prioritizing student mental health. (2022). All Things Considered.
Link: https://easydb.angelo.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edsgit&AN=edsgit.A706121187&site=eds-live&scope=site 
Summary:
- Schools can provide differentiated mental health services based on need: general mental health support, support for mild cases, and support for extreme mental health support
- President Biden hopes to double mental health professionals on campuses, the issue is monetary
- In general, the public-school systems need to increase accessibility to social-emotional wellness programs as it has shown to be effective in supporting student mental health ]]> 2022-06-08 02:02:37 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214323829 The Fourteenth Amendment apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214324523 Source of Law: U.S. Congress
Citation: U.S. Const. Amend. XIV, §2
Link: 14th Amendment to the U.S. Constitution: Civil Rights (1868) | National Archives
Brief List about the Law/ Legal Requirements:
The closest constitutional law related to mental health that I could find is the fourteenth amendment.
- Adopted in 1868
- Protects rights of the people to "life, liberty, or property" under "due process of the law" (U.S. Const. Amend. XIV, §2) 
- This amendment protects mentally ill patients from being forced against their will to receive mental health services (Legal Information Institute LLI, n.d.).
It may not speak directly to mental health services in public schools but it is a constitutional law and it has been known to be related to mental health. 
References
Legal Information Institute LLI. (n.d.). Mental Health. Retrieved June 20, 2022, from https://www.law.cornell.edu/wex/mental_health#:~:text=mental%20health%20law%3A%20an%20overview&text=Legal%20standards%20surround%20the%20process,clause%20of%20the%2014th%20Amendment. ]]> 2022-06-08 02:03:11 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214324523 CHAPTER 33-EDUCATION OF INDIVIDUALS WITH DISABILITIESSUBCHAPTER II-ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214331428 Source of Law: United States Codes (U.S. Congress)
Citation: Authorization; allotment; use of funds; authorization of appropriations, 20 U.S.C.  § 1411 (2005).
Link: 20 USC 1411: Authorization; allotment; use of funds; authorization of appropriations (house.gov) 
Brief List about the Law/ Legal Requirements:
- Funds should be provided to states related to special education and children with disabilities
- Authorized activities include "appropriate mental health services for children with disabilities" (20 U.S.C.  § 1411, 2005) 
- Updated professional training and development for educators who serve students with disabilities
This is the closest law I could find in the United States Codes that addresses mental health services with the student population and it relates to students with disabilities.]]> 2022-06-08 02:09:08 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214331428 Wyatt v. Stickney Case apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332035 Source of Law: United States District Court for the Middle District of Alabama
Citation: Wyatt v. Stickney, 344 US Supp. 373 (1972)
Link: https://law.justia.com/cases/federal/district-courts/FSupp/344/373/2303083/ 
Brief List about the Law/ Legal Requirements:
- The significance of this law is that patients right to receive individual treatment assuming they can be cured and/or improve his/her medical condition, is protected 
- It is not directly related to mental health services for students, but it is an important judicial law that advocates for the protection of mental health services for those who qualify
- This law focuses on right to treatment (Mental Illness Policy Org., 2019)
References
Mental Illness Policy Org. (2019, January 23). 
Right to Treatment: Wyatt v. Stickney - Case Summary. https://mentalillnesspolicy.org/legal/wyatt-stickney-right-treatment.html 

]]> 2022-06-08 02:09:42 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332035 25 Tex. Admin. Code § 37.538 apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332395 Source of Law: Texas Legislature
Citation: 25 Tex. Admin. Code § 37.538 (2011)
Link:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=37&rl=538 
Brief List about the Law/ Legal Requirements:
- Health services for students/families in a school setting (25 TAC § 37.538)
- Empowering students/families for healthier lifestyle choices and improved quality of life
- This relates to mental health because it is health services that also account for improved mental health practices for the students/ families of students]]> 2022-06-08 02:10:01 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332395 MISD Local Administrative Law/Policy Special Education Related Services - Counseling apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332781 Citation: Midland Independent School District / Overview. (n.d.). Midland I.S.D. Operating Guidelines for Special Education Services. https://www.midlandisd.net/cms/lib01/TX01000898/Centricity/Domain/135/OGO%20Sp%20Ed%202016-2017%20for%20website.pdf
Link: https://www.midlandisd.net/cms/lib01/TX01000898/Centricity/Domain/135/OGO%20Sp%20Ed%202016-2017%20for%20website.pdf 
Explanation: In Midland ISD's operating guidelines for special education services counseling is included which accounts for student mental health. It may not address all student health in the general sense, but it does account for special education students receiving mental health services.]]> 2022-06-08 02:10:22 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214332781 Texas Administrative Code § 247.2 apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214333402 Ethical code item: Standard 3.2
Citation for the code of ethics: 19. Tex. Admin. Code § 247.2 (2018)
Link to the code of ethics: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2 
Explanation: This Texas administrative code specifically standard 3.2 specifically protects students' physical health, safety, and mental health by the educator not intentionally treating a student in a way that would negatively affect or jeopardize students' health (19 TAC § 247.2). This code of ethics directly relates to students' mental health regarding how educators should guard against endangering it based on their behavior as an educator to the student/s. ]]> 2022-06-08 02:10:54 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214333402 Recommendations apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214334392 - Incorporate social-emotional well-being programs
- Help raise awareness of mental health support already provided on campus to students/parents
- If possible, take allowed mental health days for students/teachers
- More laws related to mental health in the educational setting need to be established as it is difficult to find laws supporting mental health services for students 
- Mental health services are already required for students with a disability/ receiving special education services
- If possible, school-based health care facilities should be implemented to provide services to students/families including mental health support
- Educators have an ethical responsibility to not mistreat students in a way that would jeopardize students' mental or physical health/safety 
- Mental health services can compromise of but isn't limited to counseling services, behavioral interventions, and education about mental health practices]]> 2022-06-08 02:11:46 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2214334392 Resource: General Education - National Education Association apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2215394944 Citation: Long, C. (2022, May 10). Education support professionals often first to see student mental health struggles. National Education Association News. https://www.nea.org/advocating-for-change/new-from-nea/education-support-professionals-often-first-see-student-mental-health-struggles
Link: Education Support Professionals Often First to See Student Mental Health Struggles | NEA 
Brief Summary: This resource contains various information regarding student mental health including but not limited to student mental health is the responsibility of the school community, student well- being needs to be considered and kept in mind, and social and emotional support can be offered in various ways. It also reiterates the importance of educators in assisting students to optimal mental health.]]> 2022-06-08 19:45:58 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2215394944 My Personal Connection apinchback1 https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2227027826 2022-06-21 17:33:52 UTC https://padlet.com/apinchback1/qnz6q7orhl8kcokb/wish/2227027826