The 2015 Update on Statutes & Court Decisions Impacting - PowerPoint Presentation

The 2015 Update on Statutes & Court Decisions Impacting Professional Counselors Pre-Conference WorkshopSponsored by: The Tennessee Counseling Association Jeri Lee, Ed. D., J.D., HSP, LPSC, Psychologist, AttorneyThurman Webb, Ed. D., LPSCSydney Collins, M.S., Doctoral CandidateTennessee State University Psychology Graduate Program

Legislative and Case Law Update for Professional Counselors 2015

Some interesting new laws: 2015Saving an animal in a locked car: Last year’s law establishing immunity from civil liability for rescuing a child from a locked car has been extended as of July 1, 2015 to apply to animals (Note: left lower corner of driver’s side back window for quickest breaking)Driver’s license on phone now and valid for eight, rather than five yearsLocal governments cannot ban use of cars that drive themselvesThose convicted of animal abuse are now placed on the Animal Abuser Registration list.

New Tennessee Laws Effective 2015 Affecting Professional CounselorsFamilyEducationConstitutionalJuvenile & CriminalMental Health

Family Statutory LawSex trafficking as grounds for parental rights terminationParent of a child of rape does not have parental rights, just financial responsibilityRelease of non-identifying information to adoptive families Visitation for parents who are drug abusers or sexual abusers Great grandparents’ visitation rightsCorrecting arrearage for child support

Sex trafficking as grounds for parental rights terminationT.C.A. 36-1-113:Grounds for termination of parental rights now include a conviction for sex trafficking of children by force, fraud or coercion under federal or any state’s law.

Father of a child conceived as a result of rape does not have parental rights, just financial responsibilityT.C.A. 36-1-102:A person convicted of aggravated rape from which a child was conceived shall not have custody, visitation or inheritance rights.Child support obligation against the father will be established by the court.Additionally the mother may waive the protection under the law and grant visitation.

Release of non-identifying information to adoptive families T.C.A. 36-1-144:To the extent it is available, the state shall provide to the adoptive family:Non-identifying historical & current information about: the child’s & the child’s biological family’s: health, mental & behavioral, nationality, ethnicity, race, religion, general physical descriptions the child’s foster care history, prenatal & birth details, & relevant information required for the adoption family to make adoptive decisions & to assist them in caring for the child

Visitation for parents who are drug abusers T.C.A. 36-6-115:In non-DCS or child-placing agency cases of private custody, when a child is removed from the parent’s custody for drug abuse, the court shall not return the child to the parent’s custody until the parent demonstrates sustained commitment to responsible parenting by:Having no criminal investigation or charges for 90 days;Resolving any pending investigations by CPS; and Passing 2 consecutive monthly drug screens, paid for by the parent

Visitation for parents indicted for child sexual abuseT.C.A. 36-6-101- and 36-6-112: While under pending indictment for child sexual abuse, a parent will be presumed to present a substantial risk of harm to the child but the court may allow supervised visits.

Great grandparents’ rightsT.C.A. 36-6-306:Biological or adoptive great-grandparents & their spouses may seek grandparent visitation rights.

Correcting arrearage for child supportT.C.A. 36-5-101(f)(6):With court’s & obligee’s approval & a written explanation of the settlement, the two parents may compromise & settle a child support arrearage balance.

Family Law Court DecisionsSame sex marriageAnti-recognition of out of state same-sex marriageTermination of parental rights no longer requiring reunification effortsTraditional vs. gestational surrogacyCo-parenting time for fatherAppeal decision for PSC’s phone court testimonyConfusing parenting plan state form Low threshold in change in circumstances casesChild support calculationExceptions for not paying child support through the courtIntersex recognition

Same sex marriageObergefell v. Hodges U.S. Supreme Court Holding: The 14th Amendment Requires a State to License Same Sex Marriages & to Recognize Those Licensed & Performed Out of StateMichigan, Kentucky, Ohio & Tennessee defined marriage as a union between 1 man & 1 woman, so 14 same-sex couples & 2 men whose partners are now deceased filed suits in federal district courts in their home states for 14th Amendment violations of the right to marry or have out of state marriages recognized.

Rational(1) The right to marry is protected by the Constitution’s 14th Amendment (Loving v. Virginia)(2) 4 principles demonstrating marriage is a fundamental right

(1) 14th Amendment of US Constitution (Equal Protection Clause):No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

(2) 4 principles demonstrating marriage is a fundamental right for all citizens:1: The right to personal choice regarding marriage is inherent in the concept of individual autonomy.Loving v. Virginia invalidated interracial marriage bans under the 14th Amendment Due Process Clause. (5 th Amendment Due Process Clause requires due process under federal laws & the 14th Amendment requires due process under state laws.)

#2The right to marry is fundamental because it supports a 2 person union unlike any other in its importance to the committed individuals. Same-sex couples have the same rights as opposite-sex couples to enjoy intimate associations, a right extending beyond the mere freedom from laws making same-sex intimacy a criminal offense Griswold v. Connecticut: married couples may use contraceptivesTurner v. Safley: prisoners may marryLawrence v. Texas: a statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause

#3The right to marry safeguards children & families in childrearing, procreation & educational practices.Pierce v. Society of Sisters: thwarted attempt after WWI to outlaw all parochial schools as un-American; found to interfere with parental rights to protect their children from prejudicial lawsWithout the recognition, stability & predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser under the law & from the material costs of being raised by unmarried parents, thus harming & humiliating the children of same-sex couples. United States v. Windsor: denying a New York woman in a same-sex marriage the federal estate inheritance tax exemption for surviving spouses singled out legally married same-sex couples for "differential treatment compared to other similarly situated couples without justification”

#4U.S. Supreme Court decisions & our nation’s traditions make clear that marriage is a keystone of the nation’s social order.

Why discuss the court’s reasoning for same sex marriage?Tennessee’s resistance.

MTSU Poll: TN voters oppose gay marriage, abortionMURFREESBORO — Most Tennessee voters remain opposed to letting gay couples marry legally, according to the first MTSU Poll taken since this summer’s U.S. Supreme Court decision declaring same-sex marriage a constitutional right.Meanwhile, about half of Tennessee voters think abortion should be against the law in most or all cases, and attitudes on both issues break sharply along religious and political party lines.A majority, 57 percent, of respondents say they either “oppose” (18 percent) or “strongly oppose” (39 percent) permitting same-sex marriage while 29 percent either “favor” (18 percent) or “strongly favor” (11 percent) allowing such unions. A substantial 14 percent don’t know or decline to answer.The Daily News Journal 11:36 a.m. CST November 9, 2015

Anti-recognition of out of state marriage is unconstitutional so same-sex couples may divorceBorman v. Pyles-Borman: Tennessee Court of Appeals ruled there is no lawful basis for a state to refuse to recognize a lawful same sex marriage from another state so that these two Roan County men who legally married in Iowa in 2010 cannot be denied a divorce based on the judge’s refusal to recognize that they were ever legally married.

Termination of parental rights no longer requires reunification effortsIn re Kaliyah S.: involving severe abuse of 2 children at the hand of their mother & step-father, learning later that the father’s name on the birth certificate was not the actual (incarcerated) birth father, so no reunification efforts were made with him, so… The TN Supreme Court addressed whether the State is required to prove that it made reasonable efforts to reunify the parent with the child as a precondition to termination, and found that it is NOT. This overrules In re C.M.M. so that the state is no longer required to prove reasonable reunification efforts as an essential component of the termination petition.

Traditional surrogacy parental rightsIn re Baby: Surrogate mother and the contracting couple filed joint court petition to relinquish the unborn baby to the biological father and intended mother, but the surrogate changed her mind after the contracting couple asked her to breast feed the child for a while.The TN Supreme Court held that public policy does not prohibit enforcing traditional surrogacy but there are restrictions, including the surrogate’s rights can only be terminated AFTER the birth of the child .

In re. Amadi AWhose name is on the birth certificate when an egg donor/mother & sperm donor/father employ a gestational surrogate?TN Court of Appeals ruled against Ms. A, the egg donor/mother’s request to be on the birth certificate, finding in favor of listing the surrogate mother who pushed the child out of her uterus as the birth mother, and Mr. A, the legal father and sperm donor as the father, despite the fact that the egg donor/mother is the legal mother.

No More Tender Years Doctrine in Tennessee to Justify Less Visitation Time for FathersGooding v. Gooding: A hot button issue in the TN Court of Appeals right now is co-parenting assignments in custody cases requiring evidence to justify affording one parent substantially greater parenting time than the other parent. When fathers file for equal co-parenting time & are denied, the court can no longer assume tender years reasoning (i.e., that the mother is the preferred parent for young children). The TN Court of Appeals found: “We cannot affirm a parenting schedule that substantially minimizes Father’s parenting time compared to that awarded to Mother.”

How does the shift away from the tender years doctrine…impact professional counselors?

TN Supreme Court Decision: Kelly v. KellyBrentwood PSC testified by telephone without objection, and that mode of testimony was upheld by the TN Supreme Court. Her testimony lasted only minutes, but was a point of contention between the parties.

• During cross-examination:Q: Okay. You also made the comment, and you were very candid about this, that you're a proponent of kids being with their mother. Did you not make that comment to me last night? A: Yes, I did. I am a proponent of kids being with their mom and their siblings.Q: Okay. Instead of with their father? A: In most cases I think being with mom and siblings; again, what I've seen in the past, seems to be most beneficial. Now, there are always . . . cases where that's not true, but . . . I can only speak to the majority of what . . . I observed.

Does any portion of this testimony cause you concern?..

Is a PSC…encouraged to testify in child custody cases?.

School Counselors are Fact Witnesses, Not Expert Witnessesbecause expert testimony requires hours of research, and expert witnesses make substantial sums and must be prepared for hostile cross-examinations or else risk weakening their case.

What is a good reply when asked to testify in a child custody case?I “must maintain professional and helpful relationships with both parents, no matter who is awarded custody, and therefore would prefer to remain neutral and not show support for one parent over the other.”(Remley, Hermann, & Huey, 2003)

Confusing parenting plan state formHoward v. Halford: points out the fact that the state FORMS for parenting plans don’t make it clear that both parents must sign and get their signatures notarized.In this case, the father who works offshore in Texas had his attorney sign for him, which is not allowed.

Low threshold in “change in circumstances”; no neutral time in TNLeonardo v. Leonardo: Because the courts want parental participation in a child’s life to the maximum extent possible, there is a low threshold for change in circumstances adjustments, using the child’s best interest as the standard, with no requirement for an accompanying child support adjustment request. The time the child spends in school or daycare is not “neutral time” under Tennessee’s laws, and the parent in charge during that time is credited for that time.

Child support calculationRentz v. RentzTennessee Appellate Court found that:Income does not include alimony from other party

What happens when…the mother wants child support payments the father made directly to her not to count because not officially made through the court?

Exceptions for not paying child support through the courtIn re Jacob H.: There is an equitable considerations exception to cover non-conforming payments, such as those made directly to the mother, rather than through the courts.

How many genders are there?Is it binary? Or is forcing some to endorse F or M wrong?

Let’s talk about LGBTQIA+ concerns because all of us likely identify with at least one category.LesbianGayBisexualTranssexualQueerIntersexAlly

LesbianA female-identified person attracted to female-identified person

GayA male-identified person attracted to male-identified person

BisexualA person attracted to both men & women

Transsexual/TransgenderA person who identifies with a gender different than the gender to which they were born

QueerEmbraces a variety of sexual preferences, orientations & habits of those who do not strictly adhere to the heterosexual & cisgender* majority; a previously derogatory term now used to self identify in a positive way

*Cisgender (often abbreviated to simply cis)Those whose gender identification agrees with the sex they were assigned at birth.

IntersexOne whose physical sex characteristics aren’t male or female

AllyOne who does not identify as LGBTQIA+ but supports the rights & safety of those who do

Lambda v. KerryDana, a U.S. intersex veteran named the U.S. Secretary of State in a suit for refusing them a passport because they didn’t want to lie on the application, as neither Female nor Male captures their sexual identity.Lambda Legal, a national organization working for full civil rights for LGBTQIA+ community & representing Dana Zzym claims it is unlawful to make a false statement on a passport application and for Dana checking F or M would be false.Already several countries, including India, New Zealand & Australia offer a Third Gender Option on passports.1.7% of the population is intersex. (Castillo)

They/Themas an alternative to her/him when unsure of someone’s gender identity or when they identify as intersex

Education Statutory LawSex abuse in the schoolsCursive writingSTEM program expansionAdoption included in family life curriculumTN standards to replace common coreCivics test required for graduatingExcused absence for non school sponsored extracurricular activityVirtual public schools extended to 2019Charter schools priority listTN Teaching Evaluation Enhancement ActFirearm ownership identification in the schoolsEducator Protection Act of 2015 College admission:HiSET acceptable criteria for HOPE access grantLower residency establishment standards for military dependentsCommunity College Reconnect Grant

Suspected sex abuse in the schoolsT.C.A. 49-6-3102: If a public school student is the suspected victim of child abuse & the abuse occurred at school or under the school’s supervision, the school shall separate the alleged victim from the alleged perpetrator. There is a higher standard for transferring the victim to another school, which is that the abuse must be: substantiated by DCS, adjudicated by a juvenile court OR criminally charged Then, if available, upon parent request, reassign the alleged victim to another school

How many of you…incorporate cursive writing into your psycho-educational activities with your students?

Cursive writingT.C.A. 49-6-1034: Include cursive writing in: curriculum, courses & content.

STEM program expansionT.C.A. 49-6:TN STEM (Science, Technology, Engineering & Math) Innovation Network will establish a STEM innovation hub dedicated to rural areas of the state & Northwest TN.

Adoption included in family life curriculumT.C.A. 49-6-1304(a)(12): LEAs are required to include the process & benefits of adoption in their family life curriculum.

TN standards to replace common coreT.C.A. 49-1-310: Common Core Standards 2010 will be reviewed in a transparent process to include all Tennesseans & replaced with standards adopted to fit the needs of Tennessee students.The memorandum of understanding concerning the Common Core State Standards entered into with the National Governor’s Association & the Council of Chief State School Officers shall be cancelled.

Common CoreGov. Bill Haslam signed a bill to review and replace the controversial Common Core State Standards in Tennessee.The bill passed through the Tennessee General Assembly in February, requiring the state's board of education: *create two committees composed of representatives from both higher education and K-12 schools *focus on the review of current English and math standards and the development of new onesThe committees are required to recommend new standards which will be fully implemented by the 2017-18 school year.http://www.usnews.com/news/articles/2015/05/12/tennessee-gov-bill-haslam-signs-bill-removing-common-core-standards

Common CoreTennessee currently has standards for student performance for arts education, computer technology, career guidance, pre-K early childhood, English language arts, English as a Second Language, foreign language, health/PE/wellness, mathematics, reading, science, service learning, and social studiesTo date, most standards have been written by teams of educators in each state on a state- by-state basishttp:// www.usnews.com/news/articles/2015/05/12/tennessee-gov-bill-haslam-signs-bill-removing-common-core-standards

Common CoreThe Common Core State Standards (CCSS) were created through a state-led initiative In1996, a bipartisan group of governors and business leaders decided to create and lead an organization dedicated to supporting standards-based education reform efforts across the states so they formed Achieve, an independent, bipartisan, non-profit education reform organization which has Governor Bill Haslam as a member.http://www.usnews.com/news/articles/2015/05/12/tennessee-gov-bill-haslam-signs-bill-removing-common-core-standards

Civics test required for graduatingT.C.A. 49-6-408: Before graduating from high school, students must pass a civics test (similar to the U.S. Citizenship Test), & the test may be taken over & over if necessary.

Sample Questions to Become a US CitizenWhat did the Emancipation Proclamation do?Name one of the American Indian tribesName one of the three authors of Federalist papers. What is Susan B. Anthony famous for?Who is the current Chief Justice of the U.S. Supreme Court?What is the supreme law of the land?What does the Constitution do?The idea of self-government is in the first three words of the Constitution. What are these words? What is an amendment?What do we call the first ten amendments to the ConstitutionWhat is one right or freedom from the First Amendment?How many amendments does the Constitution have?What did the Declaration of Independence do?What are two rights in the Declaration of Independence?What is the economic system in the United States?Name one branch or part of the government.https://uscitizenshiptestguide.com/text/sampletest.html

Dear PrincipalDear Ms. Smith,It is unfortunate that you have turned down approving my daughter’s trip to participate in the inauguration of the new President of the United States as an excused absence. I thought I had articulated the benefits in a clear way, and I know you were afforded sufficient time to make the decision. We will be going to DC anyway and she has decided to take the consequences resulting from your unbelievably asinine decision. Regretfully,John Fuller

Excused absence for non school sponsored extracurricular activityT.C.A. 49-6-3022: School Principal or designee may excuse a student from school attendance to participate in non-school-sponsored extracurricular activity, (for up to 10 days a year) if:Documentation as proof of student’s participationParent or custodian submits written request in advance (at least 7 business days), giving reason for the absence

Virtual public schools extended to 2019T.C.A. 49-16-216: Virtual Public Schools Act repeal extended from 2015 to 2019.

Virtual Public SchoolsVirtual schools are public schools which: may contract with private vendors to receive curriculum and management servicesare governed by public entities such as public school districts, independent, non-profit charter school boards, and state education agencieshttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsSimilar to traditional schools in many ways, including academic services and accountability requirements Teachers responsible for overseeing and managing student learning All students participate in state assessmentsAll students meet attendance requirementsThe schools are subject to federal AYP goals under No Child Left BehindThe schools use an established curriculum that consists of thousands of lessons in core subjects Any eligible student may enroll, regardless of income, race, academic ability, and special needs, Special education needs, IEPs, and other related services are identified and met by school's special education staffSchools are subject to audits, and state reporting is mandatory http:// www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsPublic virtual schools are not homeschools Students are not considered homeschooledThere are many differences between public virtual school and homeschool programs: Public virtual schools:  Have state-certified public school teachersHave state assessment testsHave attendance policy and academic progress requirementsRequire a school office for staffHave an established curriculum determined by the school that students must follow – (families cannot pick and choose, or eliminate subjects)Require school grades, transcripts, report cards and parent conferencesRequire strong school administrators Are subject to academic and fiscal accountability requirementsStrictly adhere to school policies and procedures by way of discipline and due processhttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsWhat is the role of the virtual school teacher?Every student is assigned to a state-certified public school teacher who:works remotely and is responsible for overseeing and managing student learning provides instruction, guidance, and supporttracks student attendance and academic progressevaluates student workdevelops a strong partnership with parents or responsible adultsworks in consultation with parents to recommend remedial or enrichment programs and make placement and promotion decisionscommunicates regularly with their students via phone, e-mail, and face-to-face meetings, including academic workshopsorganizes social and academic outings; promote school communityparticipates in regular training and professional developmenthttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsHow do public virtual school students socialize?Public virtual schools offer many opportunities for students, parents, and teachers to come together (offline) to build friendships and lasting relationships within the school community Teachers conduct monthly outings—social and academic—for students and their familiesTeachers workshops and parent workshopsCommunity service projectsClubs Field tripsSchool academic events (spelling bees, science fairs, visits to historical sites)Students are involved in a variety of extracurricular activitieshttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsWhat is the role of the public virtual school parent?Strong parental involvement is extremely important to a child's academic successIn public virtual schools, working in close partnership with teachers, parents: work closely with their childrenguiding them through daily lessonsactively participate in their children's daily learningrecord student academic progresscommunicate with teachers on a regular basis to assess children's learning, academic achievementbecome actively involved in parent groups, workshops, school functions and events, and student activitieshttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Virtual Public SchoolsHow are public virtual schools funded?Significant costs to operating a high-quality public virtual schoolPublic virtual schools receive approximately 30% less funding than traditional schools Most public virtual schools do not receive local property taxesThe majority of costs in a high-quality public virtual school go directly to student instructionTeachers are often the highest expense categoryPublic virtual schools do not have high facility costs Technology and curriculum costs in quality public virtual schools are much higher than in traditional schoolsCurriculum costs can vary, depending on the quality, depth, rigor, and technological sophistication of the learning program used by the public virtual schoolhttp://www.k12.com/facts-about-k12-public-virtual-schools.html

Charter schools priority listT.C.A. 49-13-122(a): Charter Schools shall be revoked or denied renewal by the final chartering authority if on the Dept. of Ed’s 2015 Priority ListException: A 2 year reprieve shall be granted to the charter schools identified as a 2015 priority school in which case that school will not be revoked or denied unless identified again on the 2017 priority list.

Priority SchoolsPriority Schools are the lowest-performing 5 percent of schools in Tennessee in terms of academic achievementPriority schools demonstrating growth in achievement based on a one-year success rate such that they are no longer in the lowest-performing 15 percent of schools are labeled Priority Exit, not priority schoolsPriority Schools demonstrating growth in academic achievement such that they are no longer in the lowest-performing 10 percent of schools (but remain in the lowest-performing 15 percent of schools) are labeled Priority ImprovingPriority Improving Schools are still considered Priority Schools but may exit in a subsequent year if they continue to demonstrate growthhttps://www.tn.gov/education/article/2015-school-accountability

The LPSC in Tennessee Charter SchoolsMany Tennessee charter schools employ non-licensed people with varying degrees of training and refer to them as “School Counselors.”Remember the purposes of licensure include: protect the public define a minimum standard met by all using the title prevent confusion regarding what a title means identify a scope of practice separate those who earned the title from those who have not

Washington State Supreme Court Rules Charter Schools UnconstitutionalSeptember 2015 Chief Justice Barbara Madsen: Charter schools aren’t “common schools” because they’re governed by appointed rather than elected boards. Money that is dedicated to common schools is unconstitutionally diverted to charter schools”Determined unconstitutional for “improperly diverting public-school funds to private organizations that are not subject to local voter control”http://www.seattletimes.com/seattle-news/education/state-supreme-court-charter-schools-are-unconstitutional/

Washington State Supreme Court Rules Charter Schools Unconstitutional2012 law: 40 new charter schools could have opened in Washington over a five-year periodDecember 2013: King County Superior Court Judge struck down the part of the law that would have made charter schools eligible for state construction moneyhttp://www.seattletimes.com/seattle-news/education/state-supreme-court-charter-schools-are-unconstitutional/

Washington State Supreme Court Rules Charter Schools UnconstitutionalSimilar cases 2011: Georgia Supreme Court struck down a 2008 law that created a state commission to authorize charter schoolsPreviously legal in the state since 1993 This decision didn’t affect the vast majority of Georgia’s charter schools, according to the Georgia Charter Schools Association 2012, voters approved a constitutional amendment that reinstated the state commissionhttp://www.seattletimes.com/seattle-news/education/state-supreme-court-charter-schools-are-unconstitutional/

“Book Sparks Latest Chapter In Fight Over Charter Schools”Andrea ZelinskiSeptember 2015 Nashville Prep charter school teaching City of Thieves, 2008 book by David Benioff Metro Nashville Public Schools board member Amy Frogge:The book is “wildly inappropriate,” “quite stunning in its rhetoric and descriptions of explicit sexual encounters,” and “the middle school having students read it should be closed.” In reaction to Frogge, charter school leader and CEO of RePublic Ravi Gupta countered the email to administrators, arguing that: complaints against the book are unfounded;the book is of reasonable readability for a seventh grader; and his staff cut out inappropriate passages and replaced swear words with milquetoast terms (violating copyright laws)? http:// www.nashvillescene.com/pitw/archives/2015/09/08/book-sparks-latest-chapter-in-fight-over-charter-schools

“Book Sparks Latest Chapter In Fight Over Charter Schools”Andrea ZelinskiNashville Prep has been criticized by Frogge and the school board and been subject to investigations in the past. Allegations stated the middle school was “authoritative , inflexible and uniform,” needlessly handed out demerits & enforced policies that discouraged emotionNashville Prep and its partner school Liberty Collegiate ranked as “Reward Schools” by the Tennessee Department of Education in the last two years & were in the top 5 percent in the state for both academic growth and raw performancehttp://www.nashvillescene.com/pitw/archives/2015/09/08/book-sparks-latest-chapter-in-fight-over-charter-schools

TN Teaching Evaluation Enhancement ActT.C.A. 49-1-302(d)(2)( E ): changes how teachers are evaluated by reducing the impact of student test results on teacher evaluations

Tennessee Teaching Evaluation Enhancement ActAdjusts the current weighting of student growth data in a teacher’s evaluation to lessen the evaluation score impact of new assessments in English language arts and math (called TNReady), social studies and scienceNew assessments (those administered in school years 2015-16 through 2017-18) will factor in a teacher’s evaluation as follows:10 percent of the overall evaluation in the first year of administration (2015-16),20 percent of the overall evaluation in year two (2016-17), and 35 percent of the overall evaluation in year three (2017-18)http://share.tn.gov/governor/legislation/teaching-evaluation.shtml

Tennessee Teaching Evaluation Enhancement ActExample of weight adjustments for the first three years of TNReady assessmenthttp://share.tn.gov/governor/legislation/teaching-evaluation.shtml

Tennessee Teaching Evaluation Enhancement Acthttp://www.tennessean.com/story/news/politics/2015/01/15/bill-haslam-student-test-scores-teacher-evaluations/21833849/ https://trackbill.com/bill/TN/109/SB119/education-as-enacted-enacts-the-tennessee-teaching

What questions must you ask to assess client lethality?.

Firearm ownership identification in the schoolsT.C.A. 49-2-129: School employees cannot require a student to provide information on family’s firearm ownership.

Educator Protection Act of 2015T.C.A. 9-8-501-506: creates the Tennessee Educator Liability Fund to provide excess professional liability insurance coverage for all teachers & student teachers, subject to the appropriations of the general assembly, to protect against damages for claims arising out of the performance of duties within the scope of employment or assignment, administered by Board of Claims.

College admission:HiSET = acceptable criteria for HOPE access grantLower residency establishment standards for military dependentsCommunity College Reconnect Grant

HiSET acceptable criteria for HOPE access grantT.C.A. 49-4-902-905: For purposes of qualifying for the Tennessee HOPE scholarship, a student shall have:Graduated from an eligible high school;Graduated from a high school in Tennessee that is not an eligible high school;Completed high school in a Tennessee home school program; orObtained a GED OR HiSET

HiSET Exam in TennesseeDesigned by Educational Testing Services & introduced in January 2, 2014 as another high school equivalency test option to be awarded by state-approved institutions/organizations to improve earnings potentialTennessee is one of several states adopting the new test due to changes in the GED ExamAs of January of 2014, the new GED test will only be offered via computerThe HiSET will allow for either computer or paper-based testingPassing either test will lead to a high school equivalency diploma issued by the State of Tennessee and accepted nationallyhttps://news.tn.gov/node/11340

HiSET ExamIn 2012, 10,142 Tennesseans earned GEDs 930,000 Tennessee adults without a high school diploma or its equivalentA high school credentialed worker earns $181 more weekly & is 4% less likely to be employed than those without a high school credentialThe HiSET measures academic knowledge and proficiency equivalent to those of a high school graduate in five content areas:Language Arts – ReadingLanguage Arts – WritingMathematicsSocial StudiesSciencehttp:// hiset.ets.org/faq

HiSET ExamYou must be at least 18 years of age without a high school diploma or high school equivalency certificate but if you are 17 you must have an age waiver signed by the Director of Schools before you can testYou do not have to be a resident of Tennessee to take the HiSET examTennessee requires all test takers to complete an official HiSET Practice Test & you will be required to show proof of completion prior to testingYou must present identification on test day at the HiSET test center: A valid driver's license, passport, military ID, or other form of government issued (national or foreign) identification that shows name, address, date of birth, signature and photograph are acceptable forms of identificationhttp://hiset.ets.org/requirements/tn

Lower residency establishment standards for military dependentsT.C.A. 49-4-926: A military member’s dependent children are determined to be Tennessee residents when: their parent’s home of record at time of entry into the military is Tennessee OR when their children qualify to be classified as an in-state student under T.C.A. 49-8-104 (which states that the state university & community college system is authorized to establish rules & regulations defining residency of students, which, when approved by the chancellor of the state university & community college system and the governor, shall be used for the purpose of determining whether or not out-of-state tuition shall be charged to a student enrolling in a state college or university operated under the state university and community college system)

Community College Reconnect GrantT.C.A. 49-4-927: For students who: don’t qualify for the HOPE grant are Tennessee residentshaven’t been enrolled in or attended a postsecondary institution for at least 24 monthshave earned 30 semester hours toward an associate of applied science degreeare independent students filing the FAFSA by March 1apply for Community College Reconnect Grant by June 1are admitted to and enrolled in a public 2 year postsecondary school make less than $36,000 maintain a 2.0 while continuously enrolled, completing in 2 years, taking at least 9 hours in fall or spring

Education Court DecisionsDrug-Free School Zone Act & Judicial DiversionTeacher Testifying to Non-Testimonial Victim’s StatementOutsourcing Unruly ChildrenChild Discloses Abuse to Counselor

Drug-Free School Zone Act & Judicial DiversionState v. Dycus: involves a student who continued to commit marijuana-related offenses while pending criminal charges. The Tennessee Supreme Court ruled that the relevant language of the judicial diversion statute & the Drug-Free School Zone Act is clear & the decision of a trial court to grant judicial diversion does not constitute a sentence, but rather a decision to defer sentencing. In judicial diversion cases, no judgment of conviction is entered, & a sentence is imposed only in the instance that the defendant fails to successfully complete the period of probation.

Teacher Testifying to Non-Testimonial Victim’s Statement:Lower standard for including an educator’s testimony re: what a child said than for a police officer.

Ohio v. Clark: U.S. Supreme Court ruled in a case challenging a preschool teacher’s 911 testimony.Clark lived with his girlfriend (& her 18 month and 3 year old children) while hiring her out for prostitution. The 3 year old’s preschool teacher called the child abuse hotline upon seeing marks on his body which the boy attributed to his mother’s live-in boyfriend. The child did not testify. His statements were made in the context of an ongoing emergency to a teacher who was not principally charged with uncovering & prosecuting criminal behavior, so statements are significantly less likely to be testimonial than statements given to law enforcement officers. The relationship between a student & his teacher is different than that between a citizen & the police. Ohio Supreme Court reversed & USSC found the 6th Amendment does not prohibit the state from introducing the boy’s statements (made to his teacher) at trial.

Child Discloses Abuse to CounselorState v. Herron, Tennessee Supreme Court:16 yr. old reported rape to her counselor who contacted police who recorded the child’s statement, which was presented at trial during the child’s cross-examination. By statute, recorded forensic interviews are allowed at trial only if the child is under 13 or to prove prior inconsistent statement. Her testimony at trial was more detailed, but not inconsistent.

Constitutional Law: Tennessee Religious Exemption Bill Constitutional Court Decisions:Confederate Flag on License PlatesResistance to Same Sex Marriage Implementation:Timesfreepress.com Judge declines divorce case, citing gay marriage ruling

Tennessee schools are faced with students entering school events with confederate flags wavingSome schools are ruling it allowed IF there is no “disruption”.

Protesters in Hendersonville (June 24, 2015) just after church shootingshttp://www.tennessean.com/story/news/local/hendersonville/2015/06/25/rebel-flag-rally-american-flag-rally-planned-hendersonville/29289543/

Protester said he and his friends wanted to show support for their Southern heritage"The Holy Bible is offensive to many people, and we're not going to put that in a museum, I believe that we should keep it flying.”Alderman Scott Sprouse saw the discussion on social media and news reports and didn't want people to think that those supporting the Confederate flag were representative of all of HendersonvilleCreated a Facebook event "Hendersonville loves the U.S. flag”http://www.tennessean.com/story/news/local/hendersonville/2015/06/25/rebel-flag-rally-american-flag-rally-planned-hendersonville/29289543/

Walker v. Texas Division, Sons of Confederate Veterans: US Supreme Court rules on confederate flag specialty plates The majority held that the design proposed by the Sons of Confederate Veterans would not simply reflect the views of the motorist who purchased it, but would also implicate the state in speech it did not want to endorse.Although the ruling concerned larger issues of free speech and government sensitivity, legal battles around the country over license plates have mostly been prompted by the display of the Confederate flag, seen as a symbol of heritage to some and an emblem of racism and oppression to others.

South Carolina Declaration of Causes of SecessionConvention of South CarolinaDecember 20, 1860For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the Institution of Slavery has led to a disregard of their obligations, and the laws of the general government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them. In many of these states the fugitive is discharged from service or labor claimed, and in none of them has the state government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constitutional compact has been deliberately broken and disregarded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation.

Religious exemption bill threatening state university counseling program accreditation  House Bill 566 by DeBerry would have allowed students in state university counseling, psychology and social worker programs to simply refuse to treat any patient due to the student’s “sincerely held religious beliefs.” It has been filed as a reaction to a Michigan student that was dismissed from a school counseling program for refusing to counsel a gay patient with relationship issues. Permanently withdrawn, March 31, 2015.

TCA opposed this bill due to the potential damage to clients and because it violated ACA ethical and practice guidelines for treating diversity populations.Additionally, this bill went directly against ACA’s accreditation requirements for counselor training programs. Students preparing for a career in mental health care learn to master the occasional experienced tension between trainees’ religious beliefs and other values as they are trained to provide competent professional services to a diverse public. In other words, getting a student the broadest array of experience outside their own comfort zones is a crucial, specific and required component for approved training programs. PSCs must treat all students in their schools with an open door policy & may not refuse treatment to gay students.

Juvenile & Criminal Statutory LawInvestigating Child Sexual Abuse of Child with Hearing ImpairmentTennessee Racial Profiling Prevention ActDrug Related UpdatesIncreased Statute of Limitations for Prosecuting the Promotion of Prostitution of a ChildWiretaps for Human Sex TraffickingRegistry To Now Include Violent Juvenile Sex OffendersMinors Not Allowed at Dogfights/CockfightsFirst Drug Overdose Treated Without Charges

Investigating Child Sexual Abuse of Child with Hearing ImpairmentT.C.A. 37-1-406: in a child abuse investigation involving a hearing impaired child, a competent sign language interpreter, rather than family member shall communicate with the child

Tennessee Racial Profiling Prevention ActT.C.A. 38-1-501-503: “Racial profiling” means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual’s actual or perceived race, color, ethnicity, or national origin.

Drug Related UpdatesT.C.A. 57-3-414: Added to Alcohol related offenses is PALCOHOL, a powdered alcohol to mix with waterT.C.A. 39-17-440: If less than 18 years old, cannot purchase the cough syrup ingredient DEXTROMETHORPHAN in any form due to its hallucinogenic effects

Increased Statute of Limitations for Prosecuting the Promotion of Prostitution of a ChildT.C.A 40-2-101: A person may be prosecuted, tried & punished for promoting child prostitution up to 25 years after the child becomes 18.

Wiretaps for Human Sex TraffickingT.C.A. 40-6-305: Adds human sex trafficking to the list of offenses for which a DA may apply for a wire, oral or electronic intercept.

Registry To Now Include Violent Juvenile Sex OffendersT.C.A. 40-39-202(27): Violent juvenile sex offender will be placed on sex offender register if:Aged 14-18 ANDAdjudicated Delinquent for a violent sexual offense

Minors Not Allowed at Dogfights/CockfightsT.C.A. 39-14-203:It is unlawful to knowingly cause a person under 18 to attend an animal fight.Fine: $1000-$2500

Chapter 396: First Pass Free for Drug Emergency AssistanceT.C.A. 63-1-156: Drug abuser gets a free pass from prosecution THE FIRST TIME seeking medical assistance for an overdose. Also the person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested or charged if the evidence resulted from seeking medical assistance.

The 2015 Update on Statutes & Court Decisions Impacting Professional CounselorsThurman E. Webb Ed.D., LPSC Continued123

124

Violent, Mentally Ill Suspect(s)T.C.A. 40-11-150:Domestic violence & elder abuse: any offender arrested for any stalking offense shall not be released within 12 hours of the time of arrest. 125

Mental Health Court Decisions“Qualified Immunity”the doctrine of “qualified immunity,” which allows a government official to escape damages liability even if the official did violate the plaintiff’s constitutional rights, so long as the official did not violate the plaintiff’s clearly established constitutional rights. 126

Prison Suicide Protocol (July 6, 2015)Taylor v. Barkes: Christopher Barkes , a troubled man with a long history of mental health & substance abuse problems, hung himself while incarcerated (2004).A lawsuit, filed by the family alleged that they had failed to adequately supervise the private contractor that provided medical treatment at the prison facility, because at the time of the incident there was no clearly established law requiring the proper implementation of adequate suicide prevention protocols. 127

U.S. Supreme Court reviewed the right at issue:an incarcerated person’s right to the proper implementation of adequate suicide prevention protocols.No decision of this court establishes a right to the proper implementation of adequate suicide prevention or suicide screening protocols, so even when the institution’s suicide screening & prevention measures contain shortcomings, they are still entitled to qualified immunity because no statutory or constitutional right was violated. 128

Accommodation for Armed, Violent, Mentally Ill Suspect in Custody (May, 2015)City and County of San Francisco v. Sheehan:Sheehan lived in a group home for individuals with mental illness. She became erratic & threatened to kill her social worker. The dispatched police officers attempted to escort her to a more secure facility, but she threatened them with a knife, pepper spray didn’t work, so they shot her several times. 129

City and County of San Francisco v. Sheehan:U.S. Supreme Court determined police officers are entitled to qualified immunity because no statutory or constitutional right was violated.The Court had “no doubt that the officers did not violate any federal right when they opened the door the first time” because officers may “enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.”

Spiritual Treatment Exception to Child Abuse By Denying Medical Treatment to Child (February, 2015)State v. Crank:Crank was indicted for child neglect for failure to obtain medical treatment for her daughter, so sued under the spiritual treatment exemption within the child abuse & neglect statute. TCA 39-15-402(c) precludes prosecution of parents who provide treatment by spiritual means through prayer alone in accordance with the tenets of practices of a recognized church or religion by a duly accredited practitioner in lieu of medical or surgical treatment.Trial court (affirmed by Appeals Ct & Supreme Ct) determined Crank did not qualify for an exemption & was found guilty of child neglect. Tennessee Supreme Court found the spiritual treatment exemption is not unconstitutionally vague. 131

Wesley v CampbellA school counselor walks upon a student hurting himself in the hall way. The counselor takes the student to his office that is located in the middle of the administrative office to counsel the student. The counselor calls the students mother to pick him up and take him to a mental health facility. On the ride to the facility, the student tells his mother that the counselor sexually assaulted him in his office. The student also told a social worker and police officer that the counselor touched his private areas over his pants and also assaulted two other students. 2015 132

Wesley v CampbellThe mother contacted child protective services (CPS). The CPS investigator and a police officer interviewed the child at the child advocacy center a few days later and his report of abuse was more severe. He said the counselor had raped him and that this abuse had been going on for a year and the counselor had abused two other students at the school. A team of social workers interviewed all the children who had records of appointments with the counselor. All the children interviewed, over 30 children, reported no inappropriate behavior by the counselor. A medical exam of the child revealed no signs of abuse.CPS substantiated the report of abuse against the counselor and the school terminated his employment. The officer filed an affidavit for an arrest warrant and the counselor was arrested. 2015 133

Wesley v CampbellIt was found that the 7 year old students were “improbable” and “facially implausible” and thus the appeals court did not find probable cause that was the basis for an arrest warrant of the counselor, Richard Wesley of Covington, KY. The appeals court said the police officer omitted information that would have shown the unreliability of the boys tale. 2015134

135

College Student v Oregon Univ. The privacy of students who get care at university clinics is in doubt after the mental health records of a woman who says she was raped at the University of Oregon were used by the school in the course of defending itself against a lawsuit The unidentified student is suing the university for mishandling her assault. She says she was raped by three basketball players last year. The University of Oregon found the players responsible, and kicked them off the team and out of school. But there was no court case. Nobody was found guilty of any crime.Here's where the privacy issues surface:The student suing the school got therapy at the university's health clinic. In preparing to defend itself against her complaint, the university got access to those records and sent them to its attorney.136

College Student v Oregon Univ.“Now, you may know that FERPA applies to most colleges and universities. What you might not know is that, as the FAQ states, FERPA therefore applies to "the records on students at the campus health clinics of such institutions. These records will be either education records or treatment records under FERPA, both of which are excluded from coverage under the HIPAA Privacy Rule" Katie Rose Guest Pryal, a former Chapel Hill law professor. 137

Students in Need and the Courts This article is written by Carolyn Stone, Ed.D., chair of ASCA’s Ethics Committee, from the ASCA website. She gave three instances where students are still having issues and how they are resolved through the courts: (1.) Undocumented K-12 Children(2.) Foster Kids(3.) Homeless Students. These issues pertain to school counselors because a role of PSC’s is registering students and all three have different rights and regulations held by the school and state to avoid fraud while upholding students right to a free education. This is not a court case, however, it specifically pertains to schools and issues that school counselors deal with every day. It could be very beneficial to counselors to discuss their rights and the student/parent rights in these situations. 138

139

In re Roxanne B. (2015)Roxanne (16 year old) was hospitalized multiple times for mental instability. Numerous times she wrote letters and sent emails to teachers expressing her thoughts of suicide and bullying issues at school. The child spoke with the counselor on numerous occasions about issues at home with her dad yelling, her mom being the only one workings, and bullying in school. The counselor did her job by notifying the proper authorities, DCFS, and the mother. 140

In re Roxanne B. (2015)After many incidents with the child verbalizing suicide ideations the parents began to refuse to come to the school and deal with her. The child had been hospitalized many times because of her mental state and the parents refused to take her mental state as an important situation. In May 2014, the court found that Roxanne was suffering from severe emotional damage and that the parents caused some of the emotional harm that Roxanne was experiencing. The court stated that the Parents had "minimized [*7] the minor's serious mental health issues," and concluded that Roxanne was a child described by section 300, subdivision (c).  141

State of Vermont v. Thomas A. Tatro: This case illustrates parent reported abuse of a child with developmental delays. A child claimed to have been sexually assaulted by a family member. The mother sent a note to the school about the suspected abuse and asked if the nurse could take a look at him. The teacher took the note to the school counselor and the school counselor called the mother and stepfather and also talked with the child. The school counselor called DCS and reported the suspected abuse to all proper authorities. The victim child with developmental disabilities, had issues with his speech and other things as well. The court concluded that the time, content, and circumstances of C.H.'s statements did not provide substantial indicia of trustworthiness. It thus granted defendant's motion to exclude the child's statements to his mother, stepfather, school counselor and other school employee, SANE nurse, police detective, and DCF employee. the court found C.H. inconsistent in truthfulness during the interview with the detective. At one point he said he would tell the truth, but another point said “Lie to the cops.” The court concluded that C.H.'s statements did not demonstrate an unequivocal concern for the truth. 142

In re Francisco T.California Court of Appeals: Student makes threats on principal and others in school….In May 2011 a juvenile student known in court papers as Francisco T. confronted his teacher Terri A. after she sent him to the principal’s office. After leaving the office, he pounded on the teacher’s door, yelling: “Let me in you mother f—— bitch.  How could you do this to me?” 143

In re Francisco T.For his unruly conduct, Francisco T. was charged with violating California Penal Code 71:“Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat … is guilty of a public offense .”A juvenile judge determined that Francisco T. had threatened both Terri A. and Roxanne R. and placed him on probation in his home.144

In re Francisco T.The Appeals court:The appeals court focused on the context of the incident.The decision shows that a true-threat analysis consists of more than just the actual language spoken. A threat analysis focuses heavily on context; any threatening gestures, physical behavior and other aggressive action will be factored into the equation in court. 145

Vidovic v. Mentor Pub. Sch. Dist. Bd. of EducDragan and Celija Vidovic filed suit in 2010 claiming their 16-year-old daughter, Sladjana, hanged herself as the result of bullying the school district failed to stop. In their lawsuit, the Vidovics claimed the school knew their daughter was being bullied but they did not do enough to prevent it.146

Vidovic v. Mentor Pub. Sch. Dist. Bd. of EducThe Amended Complaint alleges that 16 year old Sladjana Vidovic was regularly bullied and harassed at school by numerous other students; that the school, and especially Defendants, including Goss, her guidance counselor knew or should have known about the bullying and harassment; that the school also knew that bullying was a long term, systemic problem at Mentor High School; that the Defendants did not intervene or appropriately address the problem; that Defendants’ failure to adequately address the bullying and harassment of students was policy and practice of the Mentor Public School District Board of Education; and, that as a result of the constant bullying and harassment, Sladjana Vidovic had to leave the school and eventually became so depressed that she committed suicide.147

Vidovic v. Mentor Pub. Sch. Dist. Bd. of EduccAccording to court documents, Sladjana always led a troubled life, being born in Bosnia at the beginning of the Bosnian war.n December 2007, she was hospitalized for depression. Upon her return to school, she was suspended for fighting.About a week before her death, she became home schooled with the Ohio Virtual Academy. "... Her mother believed she was happy once the home schooling started," according to court records.On Oct. 1, 2008, Sladjana helped her brother and some friends skip school and stay with her. After the police came to the house to investigate a missing boy, Sladjana was grounded for her behavior.The next day, she committed suicide and left a note that was written in English and Croatian.148

Vidovic v. Mentor Pub. Sch. Dist. Bd. of EducIn the suicide note, Sladjana told her mom, dad and brother she loved them, but that she had problems every day of her life in the United States: "I hate the way people treated me at school & I m not pretty but it was true they did treat me liek (sic) (expletive) I was rly nice 2 every1 I always said hey 2 every1 but no I was wiered (sic) to them :( I'm soooo sorry if I brought a lot of problems2u I love you guys all however you have enough money that I have saved to pay for my funeral... ... I know that I did not show you that I love and respect you but since I am not a good child I then figured out that this has to happen...I should not have stayed alive for so long."149

Vidovic v. Mentor Pub. Sch. Dist. Bd. of EducCourt Decision: In favor of the employees, as the employees' behavior was not such that it met the high standard of being described as reckless, wanton, or with malice, the requirements for loss of public employee immunity.No facts were found that evidence existed when the complaint was filed to support a claim of spoliation of evidence or failure to comply with discovery against the principal and the guidance counselor150

MICHIGAN v. LATTADemonstrates the influence that a school counselor can have on students in a non-school related emergency A 42-year-old predator met the student through his niece and he worked on a church project with her. A week before the incident, defendant came to the victim's house and expressed a desire to be her boyfriend. On the day of the incident, defendant and the victim talked on the phone, and defendant came to the victim's house at about 2:30 p.m., with a bottle of Bacardi Gold rum. 151

The Victim Testified that…….she and the defendant drank rum mixed with soda, played games, and did silly things. The victim began to feel "funny" and to go "in and out of it" because of the alcohol. She recalled that defendant pulled down her pants and digitally penetrated her vagina before putting his penis in her vagina. The victim did not recall defendant leaving and later woke up in her bedroom. She went to the bathroom and saw "spots of blood" when she wiped. 152

The victim was scared and called her high school counselor. The counselor testified that the victim was crying and that she reported seeing blood in her vaginal area. The counselor called for assistance and remained on the phone until help arrived. Defendant was convicted of sexually abusing the 16-year-old .153

STATE OF NEW JERSEY v. MERCADOSchool counselor as the first go-to person for a teacher with an abused student in her class 14 years old female (S.P.) wrote a poem for a school assignment about a girl who was sexually abused by a family friend.Her teacher alerted the school counselor. School counselor questioned S.P. about the poem, and S.P. revealed that defendant had sexually assaulted her when she was approximately seven to nine years old. S.P. later gave the police a statement making the same allegations and also testified at trial about the incident. 154

STATE OF NEW JERSEY v. MERCADOA few days later, D.P. called the police after speaking with her daughters, and reported that defendant had also sexually assaulted E.P. and S.M. Then E.P. and S.M. testified at trial that defendant sexually assaulted them over twenty years ago, when E.P. was around eleven to fourteen years old and S.M. was around seven to eleven years old. The sexual assaults were said to have occurred when D.P. was still married to defendant and they were all living together. The State also presented testimony from an expert on Child Sexual Abuse Accommodation Syndrome ("CSAAS") about why victims of sexual abuse delay reporting their abusers. A jury convicted defendant of child sexual abuse and lesser offenses, including endangering the welfare of a child by one who has no legal duty and aggravated criminal sexual contact & the judge imposed an aggregate prison term of fifty years. 155

SCHWEIKHARDT v. THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Discrimination against a school counselor. In August 2008, the School Board of Collier County promoted Kathleen Schweikhardt (plaintiff), a 63 year old female, to the position of Head Guidance Counselor at Golden Gate Middle School.  Schweikhardt alleges that the Principal and Assistant Principal harassed and discriminated against her because of her age in that:(1) she was given more difficult duties to perform because of her age; (2) she was denied access to certain employment-related training called "SILK Training" which was offered to employees under the age of 40; (3) she was given a poor performance evaluation after she complained of discriminatory treatment; (4) she was demoted to the position of Counselor and her Head Guidance Counselor position was given to a 33 year oldShe filed Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC), then filed a four-count Amended Complaint against the School Board, Principal, and Asst. Principal discriminated against her in violation of the Age Discrimination 3 and Employment Act of 1967 (ADEA) (Count I) and the Florida Civil Rights Act [*4]  (FCRA) (Count IV), deprived "her of her rights as guaranteed by the  Fourteenth Amendment " (Count II), and are liable for the intentional infliction of emotional distress (Count III). (Doc. #3.) 156

North Jersey teachers learn social media’s traps the hard way By HANNAN ADELY, Staff Writer, The Record, May 17, 2015As social media use grows, teachers are learning that what they post online can get them in trouble even if it is done on their own time and on their personal Web pages. 157

North Jersey teachers learn social media’s traps the hard way By HANNAN ADELY, Staff Writer, The Record, May 17, 2015She mocked a student’s name on Facebook because a syllable sounded like a common curse word. Nichols wrote on Facebook, “How do you think I feel when I have to address him???? I literally can’t stop laughing! I have to go all year with this ’---!!!”158

North Jersey teachers learn social media’s traps the hard way By HANNAN ADELY, Staff Writer, The Record, May 17, 2015“Regardless of whether or not she intended her comments to be made public, [Yvette] Nichols’ conduct was immature and hurtful and falls below the ‘role model’ status that is expected of teachers,” a state panel wrote in its initial decision.School officials say such teacher behavior, even outside school, can harm relationships and trust with students and parents who look to teachers for leadership and authority. 159

But civil libertarians say schools have gone too far, infringing on teachers’ rights to free speech and privacy.In the courts and in the schools, these incidents are challenging the notion of free speech because of the new and quasi-public nature of digital media, experts say. 160

“The First Amendment is certainly a strong privilege for all of us, but if it impacts negatively on the work they do, there is obviously going to be consequences for that,” Richard Bozza Executive DirectorNew Jersey Association of School Administrators. 161

North Jersey teachers learn social media’s traps the hard way By HANNAN ADELY, Staff Writer, The Record, May 17, 2015The district found her comments violated the district’s harassment, intimidation and bullying policy. 162

North Jersey teachers learn social media’s traps the hard way By HANNAN ADELY, Staff Writer, The Record, May 17, 2015Teachers are held to a higher standard of behavior than individuals in other professions because of their relationship to the community, officials say. New Jersey statute grants the state authority to revoke or suspend licenses for “conduct unbecoming a teacher.” 163

So where is the line between an insensitive comment and a punishable offense?In most of these cases, the complaints have come from a parent, co-worker or community member who saw the online comment.“Schools can discipline employees when their speech has a harmful impact in the workplace, but that harm has to be “real and tangible.” David L. Hudson Jr., an ombudsman with the First Amendment Center at Vanderbilt University.164

If the online activity impacts morale, trust with the community or the school’s operations, that could be grounds for discipline.“In a classroom setting, the ability to teach children and to have the faith of the public is a paramount value,” Hart said. “The government will probably always win with the legal argument.” Peter Hart, Communications Director,National Coalition Against Censorship:165

So where is the line between an insensitive comment and a punishable offense?Teachers have received  support from groups such as the American Civil Liberties Union and Alliance Defending Freedom, who say schools are infringing on the rights of teachers as private citizens.“In most of these cases when a teacher is operating on their private Facebook page, it’s very clear they’re speaking in their personal capacity and not as an employee,” said Rory Gray, legal counsel for Alliance Defending Freedom. “A school district shouldn’t have authority to regulate that.” 166

Alliance Defending Freedom spoke out in defense of:Vicki Knox, a Union Township teacher who was suspended in 2011 after writing anti-gay comments online, including that homosexuality was “perverted” and a sin that “breeds like cancer.”She sued, but then dropped her bid to be reinstated. 167

A judge said the comments were “inexcusable” and made cooperation with parents impossible. A state appeals court upheld the firing.Also in 2011, Paterson teacher Jennifer O’Brien was fired after calling her students “future criminals” in a posting on Facebook. 168

The social media conflicts come as schools are stepping up efforts to discourage bullying and teasing and promote respect and tolerance. “Teachers are key to creating a respectful school environment so their actions and words outside the classroom matter” Stuart GreenDirector New Jersey Coalition for Bullying Awareness and Prevention. 169

Mocking or prejudicial comments are usually a red flag for a pattern of behavior.A teacher who berates gays online is unlikely to support them in school or may show the same kind of attitude in interactions with students. 170

Michael Ferguson, et. al., v. JONAH(Decided 6/25/2015)New Jersey court found gay conversion therapy program offering to change clients from gay to straight was fraudulent and unconscionable. The group Jews Offering New Alternatives for Healing (JONAH) were ordered to pay $72,400 to compensate 5 plaintiffs for fees to JONAH and for one plaintiff, follow-up mental health treatment needed afterward. 171

Michael Ferguson, et. al., v. JONAH(Decided 6/25/2015)“a monumental moment in the movement to ensure the rights and acceptance of LGBT people” David Dinielli, SPLC Deputy Legal Director “Conversion therapy and homophobia are based on the same central lie – that gay people are broken and need to be fixed. Conversion therapists, including the defendants in this case, sell fake cures that don’t work but can seriously harm the unsuspecting people who fall into this trap.” 172

Some of the practices includedBeating a pillow with a racket, pretending it was the motherBeing called cruel gay slursBeing cradled like a baby by other men Being instructed to unclothe and stand in a circle and to touch one’s genitals in a mirror while the counselor watched173

Conversion therapy“the theory that homosexuality is a disorder is not novel but – like the notion that the earth is flat and the sun revolves around it – instead is outdated and refuted.”Judge Bariso 174

Michael Ferguson, et. al., v. JONAH(Decided 6/25/2015)Already New Jersey, California, Oregon and DC have enacted laws to protect minors from conversion therapy practiced by licensed therapists. 175

The 2015 Update on Statutes & Court Decisions Impacting Professional CounselorsSydnee Collins Continued

Kristan Seibert v. Jackson County, MississippiSexual harassment/hostile work environment case Janell Harvey is a licensed professional counselor who saw Seibert March 2015- Defendants' counsel sent a letter to Harvey requesting her records of Seibert’s treatmentHarvey never responded July 2015- Defendant served Harvey with a subpoena requesting any records related to her treatment of SeibertHarvey never respondedAugust 2015- Defendants' counsel sent a letter to Harvey requesting that she comply with the subpoenaHarvey did not respondSeibert v. Jackson County, Mississippi, et al. NO. 1:14-CV-188-KS-MTP

Kristan Seibert v. Jackson County, MississippiAfter a motion was filed forcing Harvey to comply, she wrote a letterHarvey stated in her letter to the court that Seibert’s “body posture displayed shame and guilt which is very typical of abused women…” “Women who have been sexually harassed often show symptoms similar to these allegedly suffered by Seibert”Harvey provided her professional opinion that the harassment by the defendant caused "much of the anxiety" that Seibert allegedly struggles, and that Seibert has a "long struggle" ahead of her in recovery Seibert v. Jackson County, Mississippi, et al. No. 1:14-cv-188-ks-mtp

Kristan Seibert v. Jackson County, MississippiHarvey was allowed to testify basic facts known to her without expressing any opinion at all Harvey could not testify what Seibert told her during counseling sessions.Court document states that all of these opinions are informed by Harvey's experience and training as a licensed professional counselor, and, therefore, they are "based on scientific, technical, or other specialized knowledge” Not admissible as lay opinion testimony The letter contained no opinions that were admissible as lay opinions Seibert v. Jackson County, Mississippi, et al. NO. 1:14-CV-188-KS-MTP

Jean Robert Paul v. Postgraduate Center For Mental HealthPaul-Case Manager- filed a lawsuit against the Postgraduate Center for Mental Health Haitian descent, 53 years old Alleged harassment and discrimination based on nationality, violation of civil rights act Claimed retaliation for complaining about his harassment and discriminationPaul v. Postgraduate Center For Mental Health, no. 12 CV 362 (VMS)

Jean Robert Paul v. Postgraduate Center For Mental HealthPaul complained that co-worker answered a question for the sister of one of his clients regarding transportation of the client for a home visitPaul was upset that co-worker did not refer the matter to him Paul explained that the client's sister asked for co-worker by name, and the supervisor asked why he did not interject in order to handle the inquiry himself Paul responded that if the shoe had been on the other foot, Defendant would take Paul to task and say: "How dare you handle something for a client when the assigned CM was here.” Supervisor told Paul that going forward, the office required a client's assigned CM to handle any issues relating to that client when the assigned CM was available, and she instructed co-worker of the samePaul against Postgraduate Center For Mental Health, no. 12 CV 362 (VMS)

Texas Medical Association v. Texas State Board of Examiners of Marriage and Family TherapistsNovember 2014- The diagnosis of mental diseases or disorders was excluded from the statutory scope of practice for licensed marriage and family therapists by the Texas Medical Association Texas Administrative Code 22 authorized marriage and family therapists to engage in the diagnosis of mental diseases and disordersSince this authorization exceeded the statutory scope of practice for marriage and family therapists the trial court did not err in granting summary judgment in favor of the Texas Medical Association on this claim The plain language did not authorize marriage and family therapists to engage in diagnoses of any type, it did not exceed the statutory scope of practice for marriage and family therapistsNO. 03–13–00077–CV

Employment casesHeffernan v. City of Paterson: Case Pending: U.S. Supreme Court will decide if First Amendment protects employees from demotions based on perceived political affiliationGlen A. Fox-against- New York City Department of Education and P.S. 150Patricia Hawkins v. Maury County Board OF Education

Glen A. Fox v. New York City Department of Education And P.S. 150August 2015- former school guidance counselorFox alleges that he was subjected to adverse employment poor reviews, suspension, and terminationHostile work environment based on his race (white), religion ("Jewish Christian"), age (47 at the beginning of the relevant period), and prior complaints regarding mistreatment Fox v. New York City Department of Education and P.S. 150, NO 13-CV-3204

Glen A. Fox v. New York City Department of Education And P.S. 1502010-11 school year, the principal changed; Pamela Bradley, a 45-year-old black woman, became the new principalWithin one month, she and Fox had their first of several run-ins.Fox and Bradley worked together uneventfully for the next few months, with occasional problems relating to Fox's difficulties documenting his counseling effortsCharges were dropped Fox -against- New York City Department of Education and P.S. 150, NO 13-CV-3204

Patricia Hawkins v. Maury County Board OF EducationPatricia Hawkins- School Counselor Filed a lawsuit against Maury County Board of EducationClaims arise out of her involuntary transfer that she says was discriminatory based upon her raceAlso claimed harassment and retaliation against her after she complained of discriminationPatricia Hawkins v. Maury County Board OF Education ET AL. No. M2013-01083-WC-R3-WC

Patricia Hawkins v. Maury County Board of EducationDirector of Schools for MCBOE: Q: Okay. Tell me how you felt like this transfer would be for the efficient operation of the school system.A : I think it might settle things down….I did not feel professionally that she was giving her an opportunity to lead that school.Q: And you said — I think you said that you thought that Ms. Hawkins would be happier. What made you think that?A: I thought that things would be much better for her, as well as the other guidance counselor. You know, when things fester and they continue to fester, you try to do some things to try to get things to a happier level on both parties.Q: So did you think that Ms. Hawkins might respond more positively to an African-American principal?A: Yes, I did.Hawkins v. Maury County Board of Education Et Al. No. M2013-01083-wc-r3-wc

Patricia Hawkins v. Maury County Board of EducationQ: Did that bear into your determination as to the fact that maybe Highland Park would be a good fit for her ?A: I think it was because of the demographics were the same, just about even. The type of students that are at Highland Park are the type of students that are at Brown Elementary, so we felt like it would be a good fit Q: And you thought that moving her to a school that had an African-American leader would be a positive move —A: Because I personally felt, professionally felt — . . . Professionally and personally, and this is my professional opinion, I felt like she didn't want to work for Dr. Weatherford.Q: And you thought she might want to work for Ms. Dunn?A: Because she had worked for Dr. Cornelius, and that's where she was the most happiest. And as I stated before, she made me feel like she was demanding me to hire Dr. Cornelius backPatricia Hawkins v. Maury County Board of Education Et Al. No. M2013-01083-wc-r3-wc

Patricia Hawkins v. Maury County Board of EducationCharges dropped regarding harassment and hostile work environment claims Discrimination and retaliation claims are going to trial Hawkins v. Maury County Board of Education Et Al. No. M2013-01083-wc-r3-wc

Recently PSCs have inquired about schools’ requests for them to teach satiation to classroom teachers Question: what's the ethical/training concern re: satiation?

What is Satiation?“Any operation that changes the status of a stimulus as a reinforcer or punisher deprivation”“Procedure that establish formerly neutral stimuli as conditioned reinforcers or as conditioned aversive stimuli” Stimulus presentations that change the reinforcing or punishing status of other stimuli” If the same reinforcer is used over and over again, it will lose it's reinforcing valuewww.scienceofbehavior.com

Is Satiation Safe/Effective?Depends on who you ask!Sources vary related to effectiveness and ethical concerns related to satiation

What if the Behavior is unsafe?Climbing tables, running around, etc. can be dangerous behaviors in the classroom. Is it unsafe to encourage this behavior to in order to achieve satiation?Depends on who you ask!ABA specialists suggest evaluating motivating operations (internal processes or desires of an individual that change or improve the value of a certain stimulus) for the behavior to determine if satiation is safeIf the behavior is unsafe, extinction may be more effective (but is that ethical)

Satiation may Cause an Increase in a Student’s Challenging BehaviorSatiation reinforcement of the challenging behavior may be problematic, as the undesirable behavior may continue and may not be helpful in producing appropriate behaviorDepending on the cause of the behaviors, satiation reinforcement may encourage the behavior to continue

Satiation may cause Non-Compliance or an Excessive Delay in RespondingDepending on the motivation for the behavior, encouraging the behavior could portray an interest, which may continue the behavior and/or appear as though the behavior has become extinct, which may not be the case

MotivationEncouraging negative behavior may result in continued or an increase in behaviors by certain students, as motivation for the behaviors may vary Some children want the negative attentionSatiation may get in the way of motivation

Conclusion Overall, ABA specialists approve of satiation as a way to eliminate unwanted behaviors in children on the spectrumThough reports say satiation may be used with any child, it is important to take into consideration motivation for unwanted behaviors in children not on the spectrumConsider safety concerns for those showing dangerous behaviors

References Adely, H. North Jersey teachers learn social media’s traps the hard way, The Record , May 17, 2015.A Peach for the Teach: The Satiation Principle -- It feels a little backwards, but it works. (n.d.). Retrieved from http://apeachfortheteach.blogspot.com/2013/11/the-satiation-principle-it-feels-little.htmlBidwell, A. (2015, May 12). Tennessee Governor Signs Bill Stripping Common Core. Retrieved October 3, 2015.Borman v. Pyles-Borman, E2014-01794-COA-R3-CV (Tenn. Ct. App., E.S., Swiney, Aug. 4, 2015). Citizenship Test Civics Questions. (n.d.). Retrieved October 12, 2015, from https://uscitizenshiptestguide.com/text/sampletest.htmlCity and County of San Francisco v. Sheehan, 135 S.Ct. 1765 (U.S., Alito, 2015)Facts About K12 Public Virtual Schools. (n.d.). Retrieved October 12, 2015.Fox v. New York City Department of Education and P.S. 150, NO 13-CV-3204

ReferencesGooding v. Gooding, No. M2014-01595-COA-R3-CV (Tenn. Ct. App., M.S., Clement, Apr. 29, 2015).Griswold v. Connecticut, 381 U. S., at 485.Hawkins v. Maury County Board of Education et al . No. M2013-01083-wc-r3-wcHeffernan v. City of Paterson No. 14-1610 Higgins, J. (2015, September 4). State Supreme Court: Charter schools are unconstitutional . Retrieved October 12, 2015. Howard v. Halford, No. E2014-00002-COA-R3-JV (Tenn. Ct. App., E.S., Frierson, Dec. 22, 2014).In re. Amadi A., No. W2014-01281-COA-R3-JV (Tenn. Ct. App., W.S., Gibson, Apr. 24, 2015).In re Baby, 447 S.W.3d 807 (Tenn., Wade, 2014).In re B.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. B.C., Defendant and Appellant. B254149

References In re C.M.M., No. M2003-01122-COA-R3-PT, 2004 WL 438326 (Tenn. Ct. App. Mar. 9, 2004). In re Francisco T., No. A134489 CA Ct of Appeals, First District. In re. Jacob H ., No. M2013-01027-COA-R3-JV (Tenn. Ct. App., M.S., Clement, Oct. 28, 2014).In re Kaliyah S., 455 S.W.3d 533.916; 2015 Cal. App. LEXIS 175.In re Roxanne B., B256416, Court Of Appeal Of California, Second Appellate District, Division Three, 234 Cal. App. 4th .Kahng, S., Iwata, B., Thompson, R., & Hanley, G. (2000). A method for identifying satiation versus extinction effects under noncontingent reinforcement schedules. Journal of Applied Behavior Analysis, 33(4), 419-432.Kelly v. Kelly, 445 S.W.3d 685 (Tenn., Koch, 2014). Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003).Leonardo v. Leonardo, No. M2014-00372-COA-R3-CV (Tenn. Ct. App., W.S. at Nashville, Armstrong, June 18, 2015).

ReferencesLoving v. Virginia, 388 U. S. 1, 2.Michael Ferguson, et. al., v. JONAH decided 6/25/2015 Michigan v. Latta, Court Of Appeal Of California, Second Appellate District, Division One 2015 Cal. App. Unpub. LEXIS 803 February 4, 2015, Opinion FiledObergefell v. Hodges, 135 S.Ct. 2584 (U.S., Kennedy, 2015)Ohio v. Clark, 135 S.Ct. 2173 (U.S. Alito, 2015)Parks v. North Carolina Department Of Public Safety, et al No. 5:13-CV-74-BR. Perez v. Board Of Education Of The City Of Chicago, No. 1-14-2377 Pierce v. Society of Sisters, 268 U. S. 510.

ReferencesRentz v. Rentz, No. E2013-02414-COA-R3-CV (Tenn. Ct. App., E.S., McClarty, July 30, 2014).Schweikhardt v. The School Board of Collier County, Florida, Decided March 31, 2015, Filed Seibert v. Jackson County, Mississippi, et al. NO. 1:14-CV-188-KS-MTPState v. Crank, S.W.3d (Tenn., Wade, 2015).State v. Dycus , 456 S.W.3d 918State v. Herron, 461 S.W.3d 890 (Tenn., Clark, 2015)State Of New Jersey v. Mercado January 22, 2015, DecidedState of Vermont v. Thomas A. Tatro No. 14-105 Supreme Court Of Vermont 2015 Vt. Unpub. LEXIS 43 March 6, 2015, FiledTaylor v. Barkes, 135 S.Ct. 2041 (U.S., Per Curiam, 2015).

ReferencesTennessee HiSET Requirements (For Test Takers). (n.d.). Retrieved October 12, 2015.Terri Ann Kelly v. Willard Reed Kelly , E2012-02219-SC-R11-CVTexas Medical Association v. Texas State Board of Examiners of Marriage and Family Therapists, NO. 03–13–00077–CV Turner v. Safley, 482 U.S. 78, 95 United States v. Windsor, 570 U. S., (2013)Vidovic v. Mentor Pub. Sch. Dist. Bd. of Education, 1:2010cv01833 Decided March 2015Young, J. (n.d.). Five Signs of Satiation. Retrieved from http://www.innovativepiano.com/Five-Signs-of-Satiation.htmlZelinski, A. (2015, September 8). Book Sparks Latest Chapter In Fight Over Charter Schools. Retrieved October 4, 2015.