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      <title>Law &amp; Ethics by </title>
      <link>https://padlet.com/marlanamarie/landeatgwprimay</link>
      <description>Legal and Ethical Issues in Education</description>
      <language>en-us</language>
      <pubDate>2018-08-25 17:00:07 UTC</pubDate>
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         <title>Exploration Option 2:</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275374862</link>
         <description><![CDATA[<div>  American School Counselor Association, ASCA, website I looked into the adopted position of Confidentiality and Abuse and Neglect. I am interested in these topics based on the interview with our campus school counselor. <br>  I also found an article in which a teacher is summoned to testify in court on behalf of a student who was being abused.  The article displays the conflicting positions teachers and school counselors are put in when by law are mandated to report abuse but obvious will not be taken seriously in court. The link to the article is found here: https://www.edweek.org/ew/articles/2015/02/25/supreme-court-to-hear-case-on-abuse.html<br><strong><br>“</strong>The counseling relationship between students and their school counselor requires an atmosphere of trust and confidence. Students must trust the school counselor to be able to enter into a meaningful and honest dialogue with the school counselor.  However, students should be informed that exceptions to confidentiality exist in which school counselors must inform others of information they obtained in the counseling relationship to prevent serious and foreseeable harm to students themselves or others and if it is legally required” (ASCA, 2016). <br><br>School counselors are among those mandated by the Child Abuse Prevention and Treatment Act (CAPTA) of 1974, Public Law 93-247 to report suspected abuse and neglect to proper authorities and are critical in early detection and recognition of abuse. It is imperative that school counselors gain essential knowledge of policies and referral procedures by staying current on reporting requirements and state laws. Laws and definitions pertaining to child abuse and neglect vary among states; therefore, school counselors should commit themselves to become familiar with and abide by Child Protective Services (CPS) laws in their respective state (ASCA, 2016). <br><br>Reference:<br>American School Counselor Association. (2016). <em>Ethical standards for school counselors.</em>  Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf<br><br></div><div>Copied from <a href="http://www.counseling.org/">http://www.counseling.org</a> web site, and intellectual property owned by American Counseling Association. </div>]]></description>
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         <pubDate>2018-08-26 15:18:01 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275374862</guid>
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      <item>
         <title>Exploration Option 1:</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275375146</link>
         <description><![CDATA[<div><strong>&nbsp;</strong>In exploring a professional I chose a school counselor at George West Primary, in George West, Texas.&nbsp; The school counselor has 12 years’ experience as a school counselor at the primary, elementary, and jr. high levels.&nbsp; The school counselor shared many legal and ethical dilemmas our district has dealt with throughout the years. The legal issues needing most attention on our campus presently are dealing with child custody, child neglect and abuse, and the special education population.<br><br></div><div><br></div><div>1. There are many legal issues in dealing with small children and legal guardian and custody decrease.&nbsp; Teachers are unaware of legal court documentation, of who is legally able to pick up, take home, or have knowledge of school progress of their student.&nbsp; The lack of communication and knowledge of the student’s legal guardian and parental rights puts the school and the teachers legally at risk&nbsp; (Schuette, 2018).<br><br></div><div><br></div><div>2.&nbsp; The school counselor made it clear currently the focus on our campus has been abiding the law of reporting child abuse and neglect to our local Child Protective Services, CPS.&nbsp; The school counselor disclosed there is a gap in communication between parents, teachers, principals, and the school counselors. Confidential documents are not shared with teachers and therefore also put the teacher at risk if needed to testify on the behalf of the student&nbsp; (Schuette, 2018).<br><br></div><div><br></div><div>3.&nbsp; Teachers are required by law to report to Child Protective Services if there is suspicion of abuse or neglect, but she said we are not trained or educated enough on how to report it correctly, where it can be taken into court documentation without fail&nbsp; (Schuette, 2018).<br><br></div><div><br></div><div>4.&nbsp; The school counselor also shared abuse and neglect are more prevalent in a low socio economic society.&nbsp; Some teachers may fail to notice neglect of a child or the signs they are displaying which suggest neglect. Therefore, the teacher could be held responsible if CPS is brought in to investigate. The counselor suggested more education and training on neglect and abuse is necessary for our legal protection&nbsp; (Schuette, 2018).<br><br></div><div><br></div><div>5.&nbsp; The Special Education population is also a huge legal concern for our district.&nbsp; Making sure teachers are following Individual Education Plans and service plans are a priority and are mandated by law.&nbsp; There were out of compliance issues for the emotionally disturbed students which were not being monitored properly.&nbsp; Those issues have been noted and are now back in compliance with state law saying those students are labeled, receiving counseling by the school counselor every six weeks, and notices sent home with the student’s report card&nbsp; (Schuette, 2018).<br><br></div><div><br></div>]]></description>
         <enclosure url="" />
         <pubDate>2018-08-26 15:23:33 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275375146</guid>
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      <item>
         <title>Professional Perspective</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275375291</link>
         <description><![CDATA[<div>After completion of my Masters in Education in Guidance Counseling I hope to become a school counselor in our district.  I earned my Bachelors of Arts degree in Psychology and a minor in Criminal Justice before becoming a teacher. I have taught for 6 years. <br><br></div><div><br></div>]]></description>
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         <pubDate>2018-08-26 15:25:17 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275375291</guid>
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      <item>
         <title>Exploration Option 2:</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275376534</link>
         <description><![CDATA[<div>An article on the National Education Association or NEA website caught my attention with the information of help for our English Language Learner population. In our district we have a large population of ELL students. This addition in aide financially and professionally to our teachers and students would be welcomed in order to better service these students.<figure class="attachment attachment--preview"><img width="200" height="150" src="http://www.nea.org/assets/img/content/teacher-student-computer.png"><figcaption class="attachment__caption"></figcaption></figure><a href="http://neatoday.org/2018/08/22/nea-ell-blended-learning-courses/">NEA Offers ELL Blended Learning Courses</a></div><div>ELLs are the fastest growing demographic in our public schools, but many educators still aren’t adequately prepared to support this population. With that in mind, NEA’s Blended Learning series will support educators through the intentional design, creation, and evaluation of assessment tools that best reflect content knowledge, as well as language ability of ELLs.  <br>  <br>  An article on rural community schools was also displayed on the NEA's website.  This article conveyed many schools in rural areas are suffering for being under funded and disadvantaged by location and size. The NEA supports the development of programs to combat these issues in rural school districts. </div>]]></description>
         <enclosure url="http://www.nea.org/home/16358.htm" />
         <pubDate>2018-08-26 15:45:33 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275376534</guid>
      </item>
      <item>
         <title>Legal and Ethical Personal Interest</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275378867</link>
         <description><![CDATA[<div>&nbsp; My personal interest on a legal and ethical implication is teacher or school counselor liability.&nbsp; I am concerned that we as teachers or school counselors are mandated by law to abide to confidentiality laws and to report abuse or neglect of a child even if it just suspected in our classrooms.&nbsp; Who protect us when are subpoenaed to the witness stand, have to write out a testimony for something we have witnessed or observed or being sued? We as teachers are responsible for many things in our daily job.&nbsp; Now, in our classrooms we also need to be aware of our rights by law, and our knowledge of how the law effects us as people and as teachers.</div>]]></description>
         <enclosure url="" />
         <pubDate>2018-08-26 16:20:32 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275378867</guid>
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      <item>
         <title>ASU Research on Teacher Liability</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275379508</link>
         <description><![CDATA[<div>The article chosen is to inform educators of their rights and the concept of liability. The article states many liability concepts for beginning teachers but also is a great refresher for veteran educators as well.<br>http://eds.b.ebscohost.com.easydb.angelo.edu/eds/detail/detail?vid=1&amp;sid=c1d90a46-3e2e-4e78-bcb9-161b9ece5611%40pdc-v-sessmgr04&amp;bdata=JnNpdGU9ZWRzLWxpdmU%3d#AN=120165529&amp;db=f6h</div>]]></description>
         <enclosure url="http://eds.b.ebscohost.com.easydb.angelo.edu/eds/detail/detail?vid=1&amp;sid=c1d90a46-3e2e-4e78-bcb9-161b9ece5611%40pdc-v-sessmgr04&amp;bdata=JnNpdGU9ZWRzLWxpdmU%3d#AN=120165529&amp;db=f6h" />
         <pubDate>2018-08-26 16:30:54 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275379508</guid>
      </item>
      <item>
         <title>Internet research on Techer Liability</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275379878</link>
         <description><![CDATA[<div>There are many options on the internet to choose from in regard to educator rights and knowledge of liability, but being a member of Association of Texas Professional Educators or ATPE, was an important inclusion to this presentation.  An educator must become a member, but for a small amount each month the benefits are monumental in ever needed.  <br><br></div>]]></description>
         <enclosure url="http://www.atpe.org/en/Protection/Legal-Benefits/Legal-Benefits-Overview" />
         <pubDate>2018-08-26 16:38:09 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275379878</guid>
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      <item>
         <title>References</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275381539</link>
         <description><![CDATA[<div><br></div><div><em>American School Counselor Association</em>. (2016). Retrieved from www.schoolcounselor.org: http://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf<br><br></div><div><br></div><div>Long, C. (2018, August 22). <em>http://neatoday.org/2018/08/22/nea-ell-blended-learning-courses/?_ga=2.150727350.1885548404.1535299139-2098618621.1535299139</em>. Retrieved from www.nea.org: http://neatoday.org/2018/08/22/nea-ell-blended-learning-courses/?_ga=2.150727350.1885548404.1535299139-2098618621.1535299139<br><br></div><div><br></div><div>Schuette, S. (2018, August 21). School Counselor. (M. Mauer, Interviewer)<br><br></div><div><br></div><div>Walsh, M. (2015). Supreme Court to Hear Case on Abuse Reporting. <em>Education Week</em>, 26-27.<br><br></div><div><br></div><div><em>www.atpe.org/en/Resources</em>. (n.d.). Retrieved from www.atpe.org: http://www.atpe.org/en/Home<br><br></div><div><br></div><div>Zirkle, C. (2016). A Primer on Teacher Liability. <em>Tech Directions</em>, 16-19.</div>]]></description>
         <enclosure url="" />
         <pubDate>2018-08-26 17:08:30 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275381539</guid>
      </item>
      <item>
         <title>Education of Teacher Liability</title>
         <author>marlanamarie</author>
         <link>https://padlet.com/marlanamarie/landeatgwprimay/wish/275405078</link>
         <description><![CDATA[<div>Educators and the liability in our workplace is a very important issue in public education. As educators we are expected to be knowledgeable of the law mandated by the state and abide by them. If we are unaware of laws and how they affect us, how can we protect ourselves?&nbsp; Most law suits stem from teachers or counselors being ignorant of the laws.&nbsp; I was unware these law are tort laws and they are 2 tort laws. One tort law is negligence, the failure to provide a certain degree of care under which the law requires for the protection of our students. The second is Intentional torts. Intentional torts are when a person wants to bring about a consequence, the act is intentional.&nbsp; The article also gives some great precautionary advice to avoid liability issues, Occupational Safety and Health Administrations requirements, and about our right to know about anything in the workplace that could affect our safety or health (Zirkle, 2016). &nbsp;</div><div><br></div><div>Being aware of our rights and having the peace of mind of protection if a liability issue arises is also important to educators.&nbsp; ATPE membership gives the educator the ability to have an attorney to answer legal questions related to our job is important when faced with legal issues.&nbsp; The membership service also comes with eight million in liability insurance to protect your personal assets if faced with a lawsuit.&nbsp; The ATPE website also confirms your rights for filed grievances and protection and safety on campus and in your classroom (www.atpe.org/en/Resources, n.d.).</div><div><br></div><div>There are numerous scenarios which can relate to the topics of teacher liability and our protection in the classroom.&nbsp; A child is reported to CPS by a teacher for abuse/neglect and the parent decides to visit the teacher at school in order to discuss the circumstances after being contacted by CPS. The parent tries to explain how the child is not neglected and an altercation breaks out, began by the disgruntled parent. Educators need to have knowledge and be aware of the law and how they are protected.&nbsp; Not only has the teacher been verbally assaulted but maybe the parent has threatened or even physically beaten the teacher.&nbsp; If any of these occurred instead of spending money out of pocket you can simply call you ATPE attorney and inquire of your rights and protection from the parent.&nbsp; As teachers we have our student’s best interest as a priority, but it is best to always be knowledgeable and aware of what is expected and what our legal right are as well.&nbsp;<br><br></div><div>References<br><em>www.atpe.org/en/Resources</em>. (n.d.). Retrieved from www.atpe.org: http://www.atpe.org/en/Home</div><div>&nbsp;</div><div><br></div><div>&nbsp;</div><div><br></div>]]></description>
         <enclosure url="" />
         <pubDate>2018-08-26 23:17:45 UTC</pubDate>
         <guid>https://padlet.com/marlanamarie/landeatgwprimay/wish/275405078</guid>
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