Legal and Ethical Guide: SEL in Education by Francisca Zavala https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0 The dangers of implementing an SEL program in public education en-us 2023-05-12 02:45:56 UTC 2023-05-13 04:54:02 UTC hello@padlet.com Slide #1 My Professional Perspective fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588092143 According to the article From freedom dreams to realities: Adopting Transformative Abolitionist Social Emotional Learning (TASEL) in schools, Theory Into Practice, “traditional SEL promotes a white, Eurocentric view of emotions and our relations to them” (Demartino & et al., 2022). In a district where 70 percent of the student body classifies as a person of color (POC), this mindset can be detrimental to the overall social-emotional development of our students. If our schools were to implement a traditional SEL framework on our K-12 campuses without the context and nuance of culture, we risk educating our students only to control behavior without teaching them the art of emotional expression and control. Essentially, the article’s claim that SEL lacks development and can therefore be detrimental to students classified as people of color draws reasonable conclusions. 

When it comes to social-emotional learning (SEL) frameworks, it is my professional opinion that public school systems should focus on providing objective education in math, science, social sciences, English, and content areas considered a basic component of a well-rounded education. To allow school systems to influence student morality intentionally or through direct instruction, while well-intentioned, can lead to students being exposed to ideologies detrimental to their overall well-being (not every educator has the same moral and ethical standards. Where do we draw the line?)

The audience for this topic would be educators (administrators, teachers, and support staff) as well as future and current parents.

I chose this topic because I am interested in the benefits of implementing an SEL framework; however, the purpose of the framework seems to blur the lines between 
education and moral guidance. 
]]> 2023-05-12 03:05:42 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588092143 Slide #2: Governing Agency fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588104434 In Texas, the Texas Education Agency (TEA, 2022) has the authority to regulate social-emotional learning frameworks for public schools and is driven by state law mandated by the Texas legislature and laws created by U.S. Congress. The Department of Education has the authority to regulate both social-emotional programs and their implementation in public schools (Department of Education, 2023).

Texas Education Agency, (2022). ]]> 2023-05-12 03:16:24 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588104434 Slide #3: Federal & State Laws fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588104959 At the federal level, the Every Student Succeeds Act (ESSA) (Department of Education, 2015) provides for all students to be successful. 
  • requires high standards in academics for all students in America in order to prepare them for college and careers
  • Supports local innovations
  • requires stakeholders receive important information based on state assessments in order to measure students' progress
  • Increases access to high-quality preschool
  • Assures accountability and action will be expected in order to positively impact low-performing schools.

At the state level, Senate Bill 123, House Bill 332, and House Bill 1525 impact social-emotional learning programs by providing financial support for programs equipping students with the skills they need to manage their emotions and build positive relationships.
  • Senate Bill 123 states the State Board Education will include "positive character traits and personal skills into the essential knowledge and skills adopted for kindergarten through grade 12, as appropriate" (S.B. 123, 87th Cong. 2021).
  • House Bill 332 provides funding for social-emotional learning programs (H.B. 332, 87th Cong. 2021)
  • House Bill 1525 (H.B. 1525, 2021) provides for school districts to employ at least one qualified professional to help with the social-emotional needs of staff and students.
]]> 2023-05-12 03:16:56 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588104959 Slide #4: Statute and Administrative Law fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588105451 One statute and administrative law impacting social-emotional learning programs in Texas is Chapter 120. Other Texas Essential Knowledge and Skills. (Texas Education Code, 2021).

  • Schools are required to "provide instruction in the essential knowledge and skills for positive character traits and personal sills outlined" in the subchapter.
    • trustworthiness
    • responsibility
    • caring
    • good citizenship
Statutory Authority: The provisions of this §120.9 issued under the Texas Education Code, §§7.102(c)(4), 28.002(a) and (c), and 29.906.

]]> 2023-05-12 03:17:24 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588105451 Slide #5: Common or Case Laws fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588106370 Brandi Brandl, Oliver Brandl III, Kristie Alwine, and Frank W. Johnson, Sr. v. West Shore School District

Parents in Cumberland County, PA are suing West Shore School District because they feel the SEL program “Character Strong” violates their constitutional rights (Johnson, 2023). 


Brandi V. West Shore School District, Court of Common Pleas, 2023

]]> 2023-05-12 03:18:18 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588106370 Slide #6: Federal Regulation or Mandate fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588107825 Every Student Succeeds Act (ESSA) (Department of Education, 2023). Social Emotional Learning impacts education because every student, regardless of gender, race, or background, should be prepared to succeed after high school. 

Provides for 
  • school support and improvement
  • student-focused activities
  • flexible funding
  • local reform
  • accountability
  • test


Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/bill/114th-congress/senate-bill/1177
]]> 2023-05-12 03:19:46 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588107825 Slide #7: Local administrative law/policy fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588108987 EMB — Miscellaneous Instructional Policies: Teaching About Controversial Issues states teachers should provide instruction on topics without bias (Perryton ISD School Board, 2021). This impacts social-emotional learning because by having educators teacher students certain behaviors, they are ultimately teaching them biased responses to specific situations]]> 2023-05-12 03:20:49 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588108987 Slide #8: Risk-Management Strategies fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588109658
  • Social-emotional learning can lead to an ethical liablity because educators may teach their own beliefs and biases to their students either consciously or unconsciously. 
  • In order to prevent a lawsuit, schools must ascertain proper professional development has been provided to teachers prior to the implementation of a social-emotional program. 
  • Incorrect implementation of a social-emotional program can lead to educators teaching students positive character traits according to their own bias rather than by meeting the requirements outlined by ESSA.



    • Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/bill/114th-congress/senate-bill/1177
    ]]>     2023-05-12 03:21:26 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588109658     Slide #9: Ethical Principle fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588110703 Standard 1.1: “The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district.” Parents who disagree with a social emotional learning program may interpret the educator’s implementation of the program as a deceptive practice, and therefore, in violation of the educator’s code of ethics.

    (TEA, Educator’s Code of Ethics, 2018)
    ]]>     2023-05-12 03:22:12 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588110703     Slide #10: Personal connection to legal and ethical standards fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588111139 For my educational journey, the ethical and legal implications of the law in respect to social-emotional learning signifies the heavy responsibility public schools and educators carry in respect to student learning. Although schools used to provide education relevant to current events, language, mathematics, social sciences, and the natural sciences, now they must also provide instruction on positive character traits related to student behavior and culture. 

    A parent may rightfully disagree with the implementation of a social-emotional learning program and can choose to sue the school district for biased instruction. If educators who have prejudices or pre-conceived notions of certain behaviors, they may provide students with behavior management strategies unfit for their culture and age group. 

    Finally, I am interested in attempting restorative justice at our high school, but researching this topic helps me understand the complexity of the implementation of a social-emotional program on campus.]]>     2023-05-12 03:22:38 UTC https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588111139     Slide #11: Bulleted list of Recommendations / Best Practices for Compliance fhernandez1010 https://padlet.com/fhernandez1010/usjqqoo6nss3wtp0/wish/2588111757
  • Implement a Transformative Abolitionist Social Emotional Learning Framework
  • Select an appropriate model for the campus social-emotional learning program: transformative social-emotional learning, abolitionist teaching framework, and transformative social-emotional learning.
  • Social-emotional programs must be adapted to meet the needs of the students (DeMartino, 2022)
  • Understand and train instructors on the educators' code of ethics. The educators’ Code of Ethics states educators should not deny benefits to students nor grant them advantages based on their race, color, gender, disability, national origin, religion, family status, or sexual orientation. As educators, we cannot ignore the idea that traditional SEL frameworks do, to a certain extent, ignore the perspective of other races and cultures. SEL focuses on behavior control and may lead to a dampening effect on students’ emotions, rather than teaching them to understand their emotions and the reasons for them within the context of history and culture. 
  • ESSA: Every student must receive equal educational opportunities without discrimination or bias
  • If a traditional SEL framework were implemented on any campus, the ethical solution would be to ensure the framework is taught while also teaching the impact of culture and context on the emotions students are experiencing and the motivations for them. Reasonably, the district should adopt an SEL framework appropriate to meet our students’ needs, including the TASEL framework (DeMartino, 2022).


    • DeMartino, L., & et al. (2022) From freedom dreams to realities: Adopting Transformative Abolitionist Social Emotional Learning (TASEL) in schools, Theory Into Practice, 61:2, 156-167, DOI: 10.1080/00405841.2022.2036062

    Texas Education Agency. (2018, October 21). Code of Ethics and Standard Practices for Texas Educators. Texas administrative code. Retrieved from 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


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