Post on 15-Jan-2016
transcript
School Law- a Review, & Counselor as a Professional
CED614Session II
Associate Professor Harvey HoyoNational University- Costa Mesa
Objectives
Influences on School Laws
Laws & student rights
Special Education &
Laws
The Ethical Test
The Professional
School Counselor
Quick Write # 1:From your perspective, what are the key
influences of school law?
The influences on school law
Constitution
Statutes (Legislation)
Regulations (Codes)
Legal Decisions (Case Law)
Quick Write #2:
From your previous session, write the Constitutional Amendment you feel most impactful to the role of the school counselor? Why?
Constitutional Amendments and Schools1st Amendment
Freedom of press, religion, assembly, petition
4th AmendmentSearch and seizure
5th AmendmentDue process
Constitutional Amendments and Schools10th Amendment
Powers left to the states14th Amendment
Due process and equal protection for citizens
Quick Write # 3What were the two case laws that impacted student rights from the standpoint of gender equity and discrimination?
Federal CASE Laws Impacting Discrimination
Civil Rights Act of 1964No person in the United States shall on
the grounds of race, color, or national origin, be excluded from participation in or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Title IXProhibits discrimination on the basis of
gender 9
Quick Write # 4There are two ways to categorize laws.
One of them is statutes- write down the other type.
Your Answer is . . . . .
Case Law – refers to principles of law established by courts; based
on legal precedents.
Statute – a state or federal law.
Quick Write # 5In the last session you studies several examples of
case law that impacted the schools:Select one from the following which you feel will have
the most impact on your in your role as a school counselor.Was it…
Tinker v. Des Moines Bethel School District v. Fraser
Hazelwood School District v. KuhlmeierGoss v. Lopez
WHY?
Your answer: deals with the rights of school to limit student expression
Tinker v. Des Moines – Students’ rights to
freedom of speech and freedom of expression
Bethel School District v. Fraser – upheld public schools’ authority to
punish students and to prohibit students’ use of
vulgar, obscene, lewd and offensive speech in public
discourse.
Hazelwood School District v. Kuhlmeier – upheld
authority of school officials to censor school
newspaper written by students as a curricular
activity.
Goss v. Lopez – upheld students’ rights to due
process prior to exclusion from school in cases of
suspension and expulsion in public schools.
STUDENTS AND THE LAW:
Corporal Punishment – violation of California
Education Code.
New Jersey v. T.L.O. – justifies
student searches based on reasonable
suspicion.
Jeglin v. San Jacinto -
California Dress Code prohibits students from wearing gang
related clothing in public high
schools.
SCHOOL DESEGREGATIONPlessy v. Ferguson established doctrine of
“separate but equal.”Brown v. Topeka overturned Plessy v. Ferguson.Brown decision formed basis for mainstreaming
in Special Education.
De facto – must be accepted, but does not have sanction of laws. (In fact).
De jure – legitimate state of affairs that has force of law behind it. (By right).
Quick Write # 6Key Legal Concepts
“Substantial Educational Disruption”
Due ProcessZero Tolerance
LiabilityMisfeasanceMalfeasanceNonfeasance
Elements of NegligenceDuty to Protect
Counselors have a duty to anticipate foreseeable dangers and take necessary precautions to protect students in their care. Specifically,
counselor’s duties include: adequate supervision, maintenance of equipment and facilities, and heightened supervision of high-risk
activities.
Failing to Exercise a Reasonable Standard of CareThe degree of care exercised by a "reasonable" counselor is
determined by factors such as: (a) the training and experience of the counselor in charge, (b) the student’s age, (c) the environment in which
the injury occurred, (d) the type of instructional activity, (e) the presence or absence of the supervising counselor, and (f) a student’s
disability, if one exists. Proximate Cause
Was there a connection between the breach of duty by the counselor and the student’s injury? Was the injury a natural and probable cause of the wrongful act (i.e., failure to supervise), and ought to have been foreseen in light of the attendant circumstances?" (Scott v. Greenville,
1965). Actual Injury
Was there an actual physical or mental injury.
CONFIDENTIALITY
Ethical Concept
What is said between two people will remain secret and will not be shared
without consent
PRIVILEGED COMMUNICATION
Legal Concept
Protects from Forced Disclosure
YES: School Counselors & School Social Workers
NO: School Nurses & School Psychologists
LEGAL EXCEPTIONS TO CONFIDENTIALITY
Child Abuse & Neglect
Potential harm to self and/or others
RECORDS
Educational Records (FERPA)
Private Records - “kept in sole possession of the maker” (no FERPA)
Confidentiality
FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT Educational Records – records that are directly related to a student and maintained by an educational agency (does not include records that are “kept in the sole possession of the maker of the record.” Parents (and eligible students) have the right to: Inspect and review the student’s records Seek amendment of the student’s records that are inaccurate Consent to disclosures of personally identifiable information
Schools may charge a fee for a transcript copy Consent is not required when disclosure is: to other school officials with legitimate interests to officials of another school or postsecondary institution connected to financial aid for which the student has applied to the juvenile justice system organizations conducting studies for educational agencies or
institutions (no personal identification) accrediting organizations to the parents to comply with a subpoena in connection with a health or safety emergency
FERPA
NO FEDERAL OR STATE LAWS REQUIRING
PARENT PERMISSION FOR STUDENT
ASSISTANCE SERVICES
SPECIAL EDUCATION AND SECTION 504 REQUIRE PARENT
NOTIFICATION
RECOMMENDATION
Involve parents at the earliest time and fullest
extent possible.
Long term solutions depend on parent support.
Parent Permission / Notification
Counselor Guidelines
● Check with your principalprior to advising to parentsthe need for outsideassessments or services
COUNSELOR GUIDELINES
● Rather than recommending that a family seek assistance in the community, present outside assistance as an option. Provide the family with a list of many providers.
Seeking for Outside Services
SPECIAL EDUCATION / INDIVIDUALS WITH DISABILITIES
Least Restrictive Environment – initially identified special education children should be placed in the most basic special ed program (RSP) which may include participation in regular education classes for part of the day unless IEP requires other arrangements to deal with more restrictive needs.
Americans with Disabilities Act (ADA) extends antidiscrimination protections for disabled students in a school setting.
Hudson v. Rowley – child performs better than average child in her class. Court rules that she is receiving adequate services.
Thomas v. Atascadero – exclusion of student based on HIV/AIDS violates Rehabilitation Act, Section 504. Student entitled to services required for handicapped persons.
Students’ Rights in Disciplinary Actions
Students have a right to an education; in suspension situations that last longer than 10 days, the following due process must be met:
23
A written notice specifying charges and the time and
place of a fair, impartial hearing
A description of the procedures to be
used, including the nature of evidence
and names of witnesses
The right of students to legal
counsel; to cross-examine; to present their own evidence
A written or taped record of the
proceedings as well as the findings and recommendations
The right of appeal
Students’ Rights in Disciplinary Actions (continued)
Suspensions of students with exceptionalities must take into
account whether the behavior was linked to the exceptionality.
Manifestation Determination
Quick Write #7:
When up for a possible suspension, why must a special education student be treated
differently?
Response to Quick Write # 7“By consulting with the case carrier, we have confirmed that the disability does not impair the student’s judgment in this case.- manifestation determination”
Counselors & Professionalism
Adherence: laws & policies
Ethical Standards
Community Standards
How is Professional Behavior Developed?Professiona
l Organizatio
n
Continuing Education
Principal’s Annual
Evaluations
District Due
Process Procedures
The Courts
Professionalism
“You are always on
duty”
Professionalism: Dual Relationships
A dual relationship exists when a counselor serves in the capacity of both a counselor and at least one other role with the same student or parent.
Keeping Professional: Stadler’s 3 Step Ethical Test
Ethical Test
Test of Justice
Test of Publicity
Test of Universality
ConclusionYou’re a professional school counselor- act like one!
The goal of the National University School Counseling Program = think like a counselor