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DR.

EVA GIBSON
TENNESSEE STATE UNIVERSITY
OBJECTIVE
This workshop will provide an overview of legal and ethical
considerations that impact professional school counselors

Attendees will:
1. Review law/ethics relationship
2. Discuss select court decisions
3. Analyze case studies for legal & ethical considerations
4. Learn about changes that impact professional practice
LAW AND ETHICS
• Common law- judge made law; • Ethics- agreed upon values,
based on legal proceedings norms, & customs
developed over years; often • Ethical dilemma- not a clear
contrasts with civil law systems, breach of law, but a complex
which require all laws to be written situation
down in code; judges look for prior,
similar cases (precedents) and
render a judgment
• Similar to citing research

Seldom provide black and white answers


NICOLE SHAH BRAR
V.
HERITAGE OAK PRIVATE EDUCATION
• Prior to enrollment, the parents met with the Executive Director &
requested that Nikki be treated like a girl, if Nikki desired
• When the school year first began, Nikki still presented as a boy at school
• As the transition continued, the parents requested that Nikki be allowed to
wear the girl’s uniform, be addressed with female pronouns, and be
allowed to use the female restroom this year or the next
• The Executive Director allowed Nikki to grow her hair out, but required it to
be pulled back; additionally, Nikki would be allowed to use a staff
bathroom but must wear the boy’s uniform
• After hearing a radio report on
suicide, Nikki asked her parents
if she could “suicide herself”
because “life is really hard”
SCHOOL RESPONSE
• “We believed it was extremely important to respond, not hastily,
but with deliberate care, to decide when and how to inform and
educate our entire elementary school community of students,
staff and parents about the mid-year change of gender identity
expression of a young child,”
• “Due to the sensitivity of the issue and age of the child, we
believed we needed expert guidance regarding timing (such as,
preparing children for a change they would see in spring
semester of second grade and fall semester of third grade),
process and age-appropriate communication.”
•Nikki withdrew in February 2017
•Her mother left work to homeschool her
•Lawsuit seeks nondiscrimination
statements specific to gender identity,
tuition reimbursement, loss of wages, court
costs
HOW DOES THIS RELATE TO THE
WORK WE DO AS COUNSELORS?
A. RESPONSIBILITY TO STUDENTS
A.1. SUPPORTING STUDENT DEVELOPMENT
SCHOOL COUNSELORS:
A. Have a primary obligation to the students, who are to be treated with dignity and
respect as unique individuals.
F. Respect students’ and families’ values, beliefs, sexual orientation, gender
identification/expression and cultural background and exercise great care to avoid
imposing personal beliefs or values rooted in one’s religion, culture or ethnicity.
HOW DOES THIS RELATE TO THE
WORK WE DO AS COUNSELORS?
A.10. UNDERSERVED AND AT-RISK POPULATIONS
SCHOOL COUNSELORS:
A. Strive to contribute to a safe, respectful, nondiscriminatory school environment in
which all members of the school community demonstrate respect and civility.
B. Advocate for and collaborate with students to ensure students remain safe at home
and at school.
E. Understand students have the right to be treated in a manner consistent with their
gender identity and to be free from any form of discipline, harassment or
discrimination based on their gender identity or gender expression.
WHAT DOES THIS LOOK LIKE?
JOHN DOE
VS
BRENTWOOD ACADEMY
• Lawsuit accuses four 8th grade students at Brentwood
Academy of repeatedly raping and sexually assaulting
the 6th grade student during the 2014-15 academic year.
• The school is accused of downplaying the attacks and
refusing to report them to authorities.
• Headmaster is accused of
telling the 12-year-old boy
to ”Turn the other cheek"
and ”Everything in God's
kingdom happens for a
reason."

• Private counselor, a former Brentwood Academy employee,


shied away from reporting the abuse to authorities, saying
”This isn't how Christian institutions handle these things."
• Mother then took son to pediatrician who reported the abuse.
• During a meeting with parents, headmaster said he
considered the allegations to be “boys being boys and
he could not investigate each of those and run a school,”
• After the meeting, one of the boys admitted to some of
the allegations. Headmaster said two students were
“separated from the BA community,” and “one student
will receive ISS”.
CURRENT STATUS
• Case was dismissed in December
• Legal counsel sought Appeal in higher court
• Appeal court ruled that judge should not have
dismissed case “with prejudice”
• BA is asking Supreme Court to uphold judge’s
original decision
HOW DOES THIS RELATE TO THE
WORK WE DO AS COUNSELORS?
A.11. BULLYING, HARASSMENT AND CHILD ABUSE
SCHOOL COUNSELORS:
A. Report to the administration all incidents of bullying, dating
violence and sexual harassment
B. Report suspected cases of child abuse and neglect to the
proper authorities
HOW DOES THIS RELATE TO THE
WORK WE DO AS COUNSELORS?
A.11. BULLYING, HARASSMENT AND CHILD ABUSE
SCHOOL COUNSELORS:
C. Are knowledgeable about current state laws and their school
system’s procedures for reporting child abuse and neglect and
methods to advocate for students’ physical and emotional safety
following abuse/neglect reports.
E. Guide and assist students who have experienced abuse and
neglect by providing appropriate services.
Professional communication: qualified privilege
Is this legal? Is this ethical?
•Points to consider:
•Legally, okay, ethically, not okay
•SC have the right to say things which are
unflattering, but necessary to fulfil their duties
• Using terms like “lazy” only serve to make
parents angry & defensive; collaboration
w/parents will not be effective
• Word choices can be powerful, positive or
negative motivating factors
PROFESSIONAL BEHAVIOR: SCHOOL DISTRICT POLICIES
Is this legal? Is this ethical?
Points to consider:
• It is legal for educators to write a letter to the editor critical
of a school district’s practice or policy if it is a matter of
public importance.
• When a fellow educator publicly criticizes the school
district in a public forum, it can led to negative reactions
• It is best to work w/in the boundaries of professional
behavior to change policies & procedures
• An alternative method would be to send correspondence to
leadership & continue to make the case internally
Additional points to consider:
• Failure to understand the political climate & acting in
inappropriate ways to advocate is just as damaging as not
advocating at all (Stone & Zirkel, 2010)
• Acting in an adversarial manner w/leadership will impede
SC’s effectiveness in advocacy efforts
• Abide by the district policy while advocating appropriately
for change
How do SCs develop principles of
professional behavior ?
• membership in organizations
• reading and research
• attendance at professional opportunities:
• conferences
• regional meetings
• district in-services
• training sessions
• networking w/peers
TN LEGISLATIVE UPDATES
TN
LEGISLATIVE
UPDATES
T.C.A. § 49-6-1001
requires the State
Board of Education,
in consultation with
the Office of the
Attorney General, to
develop guidelines
on constitutional
rights and restrictions
relating to the
recitation of the
Pledge in the public
schools.
TN
LEGISLATIVE
UPDATES
TN
LEGISLATIVE HOW DOES THIS IMPACT ME?
UPDATES
TN BOE
UPDATES

Revised model and


standards will go into
effect for the 2018-
19 school year
WHERE CAN I
RECEIVE MORE
UPDATES?
WHERE CAN I RECEIVE MORE
UPDATES?
WHERE CAN I RECEIVE MORE
UPDATES?
MOST IMPORTANTLY…

HTTPS://WWW.TCACOUNSELORS.ORG/
EGIBSON4@TNSTATE.EDU

HTTPS://DREVAGIBSON.WEEBLY.COM

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