Legal and Ethical Guide by Luisa Duran https://padlet.com/lduran81/w4xokz85c0a4rqef M7 Culminating Project en-us 2022-01-20 18:13:01 UTC 2022-03-07 00:05:06 UTC hello@padlet.com https://padlet.net/icons/png/270f.png Slide #1 My Professional Perspective lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078403949 I am an intern counselor at a Title I school in a border town in Texas. Students on this campus are between the ages of 5 and 12. The topic of this Legal Guide will include information to assist professionals in the field of education with elementary students who are or impacted by the LGBTQ+ community. This topic has become increasingly popular over the last year and students even in our suburban community are experiencing challenges and needing assistance in navigating them. ]]> 2022-03-04 18:10:15 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078403949 Slide #2 Interview: lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078404574 Over the last few years the topics of gender, sexual preference, and pronoun choice has increased rapidly within the campuses over the last couple of years. In the past most students in the elementary school level were not as apt to announce a preference or change as we have seen in the last year. While there were cases, there were few and far between. Even so, our district has not addressed the topic or made a statement as to where we stand on the issue in regards to confidentiality and parent consent. Best practices related to this topic: 
  • Restating confidentiality agreements.
  • Affirming the student’s view point and feelings 
  • Letting the student know we are not legally allowed to change anything without parent consent.
 An emerging issue related to this topic is student's who have expressed a difference in their assigned birth name/pronouns/sex and wanting to make a change and asking teachers and counselors to not disclose this information with parents. This interview was conducted with a fellow colleague within the San Felipe Del Rio school district, Alda Zuniga was able to provide some insight in the current climate and culture within the LGTBQ+ scope and our school district. 
]]> 2022-03-04 18:10:39 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078404574 Slide #3 Professional Association: lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405269 Region 15 is working with Open Arms, an organization from San Angelo, TX that works with members and supporters for LGBT+ rights. This webinar is for educators to get an understanding of the community and how to affirm students we see in our profession that come to us for support. This webinar is a brief general training in the subject matter, but provides a starting point for professionals to become more aware of the community, legal policies, and ways to support students.  Webinar link: https://apps.esc1.net/ProfessionalDevelopment/esc15/Registration/Workshop/222748]]> 2022-03-04 18:11:07 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405269 Slide #5 Current News Article lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405468 Transgender Students’ Rights Get Skeptical Hearing in Federal Appeals Court
  • There is a question of whether to allow transgendered students to use the  restroom of the gender they identify with
  • In their school district they already have a policy that allows for students to be addressed by their preferred pronoun but “declined the  ability for transgender student s to use the  restroom or locker room that  is consisten t with their gender identity” (Walsh, 2022). 
  • There are many bills trying to be passed that will restrict LGTBQ+ students in some way. 

Walsh, M. (2022, February 25). Transgender Students' Rights Get Skeptical Hearing in Federal Appeals Court. Education Week. Retrieved from https://www.edweek.org/policy-politics/transgender-students-rights-get-skeptical-hearing-in-federal-appeals-court/2022/02 
]]> 2022-03-04 18:11:15 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405468 Slide #6 Original Sources of Law lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405814 Title IX: Federal Administravite Law,  Title IX of the Education Amendments of 1972, 20 U.S.C., §1681https://www.justice.gov/crt/title-ix-education-amendments-1972#T

  • Prohibits discrimination based on sex
  • Cannot be excluded from participating in events in any federally funded program, based on sex
  • If something is provided to one sex it must be provided and available to members of the opposite sex
]]> 2022-03-04 18:11:29 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405814 Slide #7 Original Sources of Law lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405986 Equal Protection Clause, Constitutional Law, U.S. Const. amend.  XIV, https://constitution.congress.gov/browse/essay/amdt14_S1_4_3_1/

  • Originally intended for racial discrimination
  • Clause was so broad it allowed for people who need equal protection in gender issues, immigration status, and wedlock status 
  • Provide equal protection and due process of law
]]> 2022-03-04 18:11:37 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078405986 Slide #8 Original Sources of Law lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406207 Bostock v. Clayton County, GA, 2020, Judicial Law, Bostock v. Clayton County, 140 S. Ct. 1731 (2020), https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf, and a brief bulleted list about the law and the legal requirements. 

  • Fired an employee for participating in a gay softball league
  • Employees filed under the Civil Rights Act 
  • Found to be unlawful to fire someone  based on their gender 
  • Protects employees who are gay or transgender
]]> 2022-03-04 18:11:46 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406207 Slide #9 Original Sources of Law lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406375 Senate Bill 29, State Administrative Law, S.B. 29 (Tex. 2021), https://capitol.texas.gov/tlodocs/87R/billtext/html/SB00029E.htm, and a brief bulleted list about the law and the legal requirements. 

  • Interscholastic competition programs should be based on biological sex
  • May not allow a student of the opposite sex to compete in an athletic competition that is designed for the opposite sex
]]> 2022-03-04 18:11:52 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406375 Slide #10 Local Administrative Law/Policy/Rule: Texas Association of School Boards (TASB) lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406567 TASB's policy prohibits students from being discriminated, harrassed, or retaliated based on sex. However, the policy does not state anything about the rights of transgendered students.

Texas Association of School Boards. (2021, October). Legal issues related to transgender students ... - TASB. Retrieved from https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/legal_issues_related_to_transgender_students.pdf/ ]]> 2022-03-04 18:12:00 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406567 Slide #11 Ethical Principle lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406760 A.2. Confidentiality g. This code explains that school counselors have the responsibility of promoting the autonomy of students while using appropriate methods that take a child’s developmental age into consideration when breaching confidentiality.

Consultation with peers and supervision is also recommended under this standard. This code states that this should be happening within a school counselor’s scope of practice (ASCA, 2016).   

American School Counselor Association (2016). Ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-  ba01-3a5d657c6743/Ethical-Standards.pdf

]]> 2022-03-04 18:12:07 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406760 Slide #12 Personal Connection to the Legal and Ethical Standards lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406914 Currently, the campus that I am interning with as a school counselor is working with a student who would like to change their pronouns and name to the opposite gender, but does not want their parent to know. I want to affirm the student's feelings without breaking any laws or policies in regards to parent and student consent. Personally and professionally there is an ethical obligation to have a confidentiality agreement with students with the understanding that parents and legal guardians have “inherent rights to be the guiding voice in their children’s lives.” School counselors do not have the right to revoke a parent's right based on their own values. Counselors should balance their student’s and parent’s ethical rights to allow the parent to make these choices for their children, and give consent/assent on their child’s behalf (ASCA, 2016).

American School Counselor Association (2016). Ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-  ba01-3a5d657c6743/Ethical-Standards.pdf]]> 2022-03-04 18:12:13 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078406914 Slide #13 Recommendations / Best Practices for Compliance lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078407120
  • Set confidentiality agreements before any session with a student
  • Remind parents of confidentiality agreements when meeting with them
  • Affirm the student’s feelings
  • Become familiar with current policies for students of LGBTQ+ community
  • Learn about parent rights when it comes to students who do not want to share with their parents
  • Meet with district officials to understand the district’s stance and legal responsibilities to the student

    • ]]>     2022-03-04 18:12:22 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2078407120     Slide #4 Current News Articles: lduran81 https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2080296620 Florida father sues school after daughter's suicide attempts, says gender counseling hidden from parents
    • A 12 year old student’s parents are suing a Florida school district after their daughter attempted suicide twice and claiming the attempts were most likely due to a change in her gender identity. 
    • Florida parents claims that the counselor was having secret meetings with the student about her gender identity. 
    • Their claims are that their daughter was groomed and encouraged to change her name and pronouns and didn’t notify the parents because of their religious beliefs. 
    • Doing so caused their daughter to feel bullied and resulted in her trying to take her life.

    (Fox News, 2022). 

    Current state of issues related to the topic:
    • identifying the confidentiality agreement in regards to gender identity 
    • keeping the information from parents as it does not fall into a direct or imminent danger to the student. 
    • The issue of honoring and respecting the student and their feelings without discrediting them. 
    • Allowing others to call this student another name/pronouns without their parents knowing or without consent. 

    Lanum, Nikolas. (2022). Ingraham Angle [Television Series]. Florida, U.S.: Fox News. https://www.foxnews.com/media/florida-father-daughter-suicide-school-counseling-gender-identity
    ]]>     2022-03-06 22:07:51 UTC https://padlet.com/lduran81/w4xokz85c0a4rqef/wish/2080296620