The 2015 Update on Statutes
& Court Decisions
Impacting Professional Counselors
Pre-Conference Workshop
Sponsored by:
The Tennessee Counseling Association
Jeri Lee, Ed. D., J.D., HSP, LPSC, Psychologist, Attorney
Thurman Webb, Ed. D., LPSC
Sydney Collins, M.S., Doctoral Candidate
Tennessee State University Psychology Graduate Program
Legislative and Case Law Update
for Professional Counselors
2015
Some interesting new laws:
2015
• Saving 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 years
• Local governments cannot ban use of cars that drive
themselves
• Those convicted of animal abuse are now placed on the Animal
Abuser Registration list.
New Tennessee Laws Effective 2015
Affecting Professional Counselors
•Family
•Education
•Constitutional
•Juvenile & Criminal
•Mental Health
Family Statutory Law
• Sex trafficking as grounds for parental rights
termination
• Parent of a child of rape does not have parental
rights, just financial responsibility
• Release of non-identifying information to adoptive
families
• Visitation for parents who are drug abusers or sexual
abusers
• Great grandparents’ visitation rights
• Correcting arrearage for child support
Sex trafficking as grounds for
parental rights termination
T.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 responsibility
T.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 abuse
T.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’ rights
T.C.A. 36-6-306:
Biological or adoptive greatgrandparents & their spouses
may seek grandparent visitation
rights.
Correcting arrearage for child
support
T.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 Decisions
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Same sex marriage
Anti-recognition of out of state same-sex marriage
Termination of parental rights no longer requiring reunification efforts
Traditional vs. gestational surrogacy
Co-parenting time for father
Appeal decision for PSC’s phone court testimony
Confusing parenting plan state form
Low threshold in change in circumstances cases
Child support calculation
Exceptions for not paying child support through the court
Intersex recognition
Same sex
marriage
Obergefell 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 State
Michigan, 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.
(5th Amendment Due Process Clause requires due
process under federal laws & the 14th Amendment
requires due process under state laws.)
#2
The 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 oppositesex 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
contraceptives
• Turner v. Safley: prisoners may marry
• Lawrence 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
#3
The 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 laws
• Without 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”
#4
U.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, abortion
MURFREESBORO — 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 samesex 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 divorce
Borman 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 efforts
In 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 rights
In 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 A
Whose 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
No More Tender Years Doctrine in
Tennessee to Justify Less Visitation
Time for Fathers
Gooding 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. Kelly
Brentwood 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:
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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 Witnesses
because expert testimony
requires hours of research, and
expert witnesses make
substantial sums and must be
prepared for hostile crossexaminations 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 form
Howard 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 TN
Leonardo 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
Child support calculation
Rentz v. Rentz
Tennessee 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 court
In re Jacob H.: There is an
equitable considerations
exception to cover nonconforming 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.
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Lesbian
Gay
Bisexual
Transsexual
Queer
Intersex
Ally
Lesbian
A female-identified
person attracted to
female-identified
person
Gay
A male-identified
person attracted to
male-identified
person
Bisexual
A person attracted to
both men & women
Transsexual/Transgender
A person who
identifies with a
gender different than
the gender to which
they were born
Queer
Embraces 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.
Intersex
One whose physical
sex characteristics
aren’t male or
female
Ally
One who does not
identify as LGBTQIA+
but supports the
rights & safety of
those who do
Lambda v. Kerry
Dana, 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/Them
as an alternative to
her/him when unsure
of someone’s gender
identity or when they
identify as intersex
Education Statutory Law
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Sex abuse in the schools
Cursive writing
STEM program expansion
Adoption included in family life curriculum
TN standards to replace common core
Civics test required for graduating
Excused absence for non school sponsored extracurricular activity
Virtual public schools extended to 2019
Charter schools priority list
TN Teaching Evaluation Enhancement Act
Firearm ownership identification in the schools
Educator Protection Act of 2015
College admission:
• HiSET acceptable criteria for HOPE access grant
• Lower residency establishment standards for military dependents
• Community College Reconnect Grant
Suspected sex abuse in the schools
T.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 psychoeducational activities with
your students?
Cursive writing
T.C.A. 49-6-1034:
Include cursive writing
in: curriculum, courses
& content.
STEM program expansion
T.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
curriculum
T.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
core
T.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 Core
Gov. 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 ones
The 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-corestandards
Common Core
Tennessee 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
studies
• To date, most standards have been written by teams of
educators in each state on a state- by-state basis
http://www.usnews.com/news/articles/2015/05/12/tennessee-gov-bill-haslam-signs-bill-removing-common-corestandards
Common Core
The 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-removingcommon-core-standards
Civics test required for graduating
T.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 Citizen
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What did the Emancipation Proclamation do?
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Name one of the American Indian tribes
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Name one of the three authors of Federalist papers.
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What is Susan B. Anthony famous for?
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Who is the current Chief Justice of the U.S. Supreme Court?
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What is the supreme law of the land?
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What does the Constitution do?
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The idea of self-government is in the first three words of the Constitution. What are these words?
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What is an amendment?
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What do we call the first ten amendments to the Constitution
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What is one right or freedom from the First Amendment?
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How many amendments does the Constitution have?
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What did the Declaration of Independence do?
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What are two rights in the Declaration of Independence?
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What is the economic system in the United States?
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Name one branch or part of the government.
https://uscitizenshiptestguide.com/text/sampletest.html
Dear Principal
Dear 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 activity
T.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
participation
• Parent or custodian submits written request
in advance (at least 7 business days), giving
reason for the absence
Virtual public schools extended to
2019
T.C.A. 49-16-216:
Virtual Public Schools
Act repeal extended
from 2015 to 2019.
Virtual Public Schools
Virtual schools are public schools which:
• may contract with private vendors to receive
curriculum and management services
• are governed by public entities such as public
school districts, independent, non-profit charter
school boards, and state education agencies
http://www.k12.com/facts-about-k12-public-virtual-schools.html
Virtual Public Schools
• Similar 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 assessments
All students meet attendance requirements
The schools are subject to federal AYP goals under No Child Left Behind
The 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 staff
• Schools are subject to audits, and state reporting is mandatory
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http://www.k12.com/facts-about-k12-public-virtual-schools.html
Virtual Public Schools
Public virtual schools are not homeschools
Students are not considered homeschooled
There are many differences between public virtual school and homeschool
programs: Public virtual schools:
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Have state-certified public school teachers
Have state assessment tests
Have attendance policy and academic progress requirements
Require a school office for staff
Have 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 conferences
Require strong school administrators
Are subject to academic and fiscal accountability requirements
Strictly adhere to school policies and procedures by way of discipline and due
process
http://www.k12.com/facts-about-k12-public-virtual-schools.html
Virtual Public Schools
What 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 support
tracks student attendance and academic progress
evaluates student work
develops a strong partnership with parents or responsible adults
works in consultation with parents to recommend remedial or enrichment programs and make
placement and promotion decisions
• communicates regularly with their students via phone, e-mail, and face-to-face meetings,
including academic workshops
• organizes social and academic outings; promote school community
• participates in regular training and professional development
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http://www.k12.com/facts-about-k12-public-virtual-schools.html
Virtual Public Schools
• How 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 families
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Teachers workshops and parent workshops
Community service projects
Clubs
Field trips
School academic events (spelling bees, science fairs, visits to historical sites)
• Students are involved in a variety of extracurricular activities
Virtual Public Schools
• What is the role of the public virtual school parent?
• Strong parental involvement is extremely important to a child's
academic success
• In public virtual schools, working in close partnership with
teachers, parents:
work closely with their children
guiding them through daily lessons
actively participate in their children's daily learning
record student academic progress
communicate with teachers on a regular basis to assess children's
learning, academic achievement
• become actively involved in parent groups, workshops, school
functions and events, and student activities
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http://www.k12.com/facts-about-k12-public-virtual-schools.html
Virtual Public Schools
• How are public virtual schools funded?
• Significant costs to operating a high-quality public virtual school
• Public virtual schools receive approximately 30% less funding than
traditional schools
• Most public virtual schools do not receive local property taxes
• The majority of costs in a high-quality public virtual school go directly
to student instruction
• Teachers are often the highest expense category
• Public virtual schools do not have high facility costs
• Technology and curriculum costs in quality public virtual schools are much
higher than in traditional schools
• Curriculum costs can vary, depending on the quality, depth, rigor, and
technological sophistication of the learning program used by the
public virtual school
http://www.k12.com/facts-about-k12-public-virtual-schools.html
Charter schools priority list
T.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 List
Exception: 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 Schools
• Priority Schools are the lowest-performing 5 percent of schools in
Tennessee in terms of academic achievement
• Priority schools demonstrating growth in achievement based on a
one-year success rate such that they are no longer in the lowestperforming 15 percent of schools are labeled Priority Exit, not
priority schools
• Priority 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 Improving
• Priority Improving Schools are still considered Priority Schools but
may exit in a subsequent year if they continue to demonstrate
growth
https://www.tn.gov/education/article/2015-school-accountability
The LPSC in Tennessee
Charter Schools
Many 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
Unconstitutional
September 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-areunconstitutional/
Washington State Supreme Court
Rules Charter Schools
Unconstitutional
2012 law: 40 new charter schools could have opened in
Washington over a five-year period
December 2013: King County Superior Court Judge struck
down the part of the law that would have made charter
schools eligible for state construction money
http://www.seattletimes.com/seattle-news/education/state-supreme-court-charter-schools-are-unconstitutional/
Washington State Supreme Court
Rules Charter Schools
Unconstitutional
Similar cases
2011: Georgia Supreme Court struck down a 2008 law that
created a state commission to authorize charter schools
• Previously 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 commission
http://www.seattletimes.com/seattle-news/education/state-supreme-court-charter-schools-are-unconstitutional/
“Book Sparks Latest Chapter In Fight Over
Charter Schools”
Andrea Zelinski
September 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 Zelinski
Nashville 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 emotion
Nashville 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 performance
http://www.nashvillescene.com/pitw/archives/2015/09/08/book-sparks-latest-chapter-infight-over-charter-schools
TN Teaching Evaluation
Enhancement Act
T.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 Act
Adjusts 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 science
• New 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/teachingevaluation.shtml
Tennessee Teaching Evaluation
Enhancement Act
Example of weight adjustments for the first three years of
TNReady assessment
http://share.tn.gov/governor/legislation/teachingevaluation.shtml
Tennessee Teaching Evaluation
Enhancement Act
• http://www.tennessean.com/story/news/polit
ics/2015/01/15/bill-haslam-student-testscores-teacher-evaluations/21833849/
• https://trackbill.com/bill/TN/109/SB119/edu
cation-as-enacted-enacts-the-tennesseeteaching
What questions must you ask to
assess client lethality?
• .
Firearm ownership identification in
the schools
T.C.A. 49-2-129:
School employees
cannot require a
student to provide
information on family’s
firearm ownership.
Educator Protection Act of 2015
T.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 grant
Lower residency establishment
standards for military dependents
Community College Reconnect
Grant
HiSET acceptable criteria for HOPE access grant
T.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; or
• Obtained a GED OR HiSET
HiSET Exam in Tennessee
Designed 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 potential
Tennessee is one of several states adopting the new test due to changes
in the GED Exam
• As of January of 2014, the new GED test will only be offered via
computer
The HiSET will allow for either computer or paper-based testing
Passing either test will lead to a high school equivalency diploma issued
by the State of Tennessee and accepted nationally
https://news.tn.gov/node/11340
HiSET Exam
In 2012, 10,142 Tennesseans earned GEDs
930,000 Tennessee adults without a high school diploma or its
equivalent
A high school credentialed worker earns $181 more weekly & is 4%
less likely to be employed than those without a high school credential
The HiSET measures academic knowledge and proficiency equivalent to
those of a high school graduate in five content areas:
• Language Arts – Reading
• Language Arts – Writing
• Mathematics
• Social Studies
• Science
http://hiset.ets.org/faq
HiSET Exam
You 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 test
You do not have to be a resident of Tennessee to take the HiSET exam
Tennessee requires all test takers to complete an official HiSET Practice
Test & you will be required to show proof of completion prior to testing
You 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 identification
http://hiset.ets.org/requirements/tn
Lower residency establishment standards for military dependents
T.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 Grant
T.C.A. 49-4-927: For students who:
• don’t qualify for the HOPE grant
• are Tennessee residents
• haven’t been enrolled in or attended a postsecondary institution for at
least 24 months
• have earned 30 semester hours toward an associate of applied science
degree
• are independent students filing the FAFSA by March 1
• apply for Community College Reconnect Grant by June 1
• are 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 Decisions
• Drug-Free School Zone Act & Judicial Diversion
• Teacher Testifying to Non-Testimonial Victim’s Statement
• Outsourcing Unruly Children
• Child Discloses Abuse to Counselor
Drug-Free School Zone Act &
Judicial Diversion
State 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 NonTestimonial 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 Counselor
State 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
Plates
•Resistance 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 waving
Some schools are
ruling it allowed IF
there is no
“disruption”.
Protesters in Hendersonville (June 24,
2015) just after church shootings
http://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 Hendersonville
• Created 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-plannedhendersonville/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
Secession
Convention of South Carolina
December 20, 1860
For 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 Law
• Investigating Child Sexual Abuse of Child with Hearing
Impairment
• Tennessee Racial Profiling Prevention Act
• Drug Related Updates
• Increased Statute of Limitations for Prosecuting the Promotion
of Prostitution of a Child
• Wiretaps for Human Sex Trafficking
• Registry To Now Include Violent Juvenile Sex Offenders
• Minors Not Allowed at Dogfights/Cockfights
• First Drug Overdose Treated Without Charges
Investigating Child Sexual Abuse of
Child with Hearing Impairment
T.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 Act
T.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 Updates
T.C.A. 57-3-414: Added to Alcohol related
offenses is PALCOHOL, a powdered alcohol
to mix with water
T.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 Child
T.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 Trafficking
T.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 Offenders
T.C.A. 40-39-202(27):
Violent juvenile sex offender
will be placed on sex offender
register if:
•Aged 14-18 AND
•Adjudicated Delinquent for a
violent sexual offense
Minors Not Allowed at
Dogfights/Cockfights
T.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 Assistance
T.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 Counselors
Continued
Thurman E. Webb Ed.D., LPSC
123
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.”
131
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.
Wesley v Campbell
2015
• A 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.
132
133
Wesley v Campbell
2015
• The 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.
Wesley v Campbell
2015
It 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.
134
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
138
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.
139
140
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.
141
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).
142
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.
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 Educ
Dragan 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 Educ
The 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 Educc
According 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
149
Vidovic v. Mentor Pub. Sch. Dist. Bd. of Educ
In 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."
Vidovic v. Mentor Pub. Sch. Dist. Bd. of Educ
• Court 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 counselor
150
151
MICHIGAN v. LATTA
Demonstrates 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.
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
154
STATE OF NEW JERSEY v. MERCADO
School 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.
STATE OF NEW JERSEY v. MERCADO
A 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
156
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 old
She 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.)
157
North Jersey teachers learn social
media’s traps the hard way
BY HANNAN ADELY, STAFF WRITER, THE RECORD, May 17, 2015
• As 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.
158
North Jersey teachers learn social
media’s traps the hard way
BY HANNAN ADELY, STAFF WRITER, THE RECORD, May 17, 2015
She 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’---!!!”
159
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.
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 Director
New 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, 2015
• The 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, 2015
Teachers 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
164
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.
Peter Hart, Communications Director,
National Coalition Against Censorship:
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.”
165
166
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.”
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
Also in 2011, Paterson teacher Jennifer O’Brien
was fired after calling her students “future
criminals” in a posting on Facebook.
• A judge said the comments were
“inexcusable” and made cooperation with
parents impossible.
A state appeals court upheld the firing.
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 Green
Director
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
171
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.
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 included
• Beating a pillow with a racket, pretending it was the
mother
• Being called cruel gay slurs
• Being 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 watched
173
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 Counselors
Sydnee Collins
Continued
Kristan Seibert v. Jackson County,
Mississippi
• Sexual 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 treatment
• Harvey never responded
• July 2015- Defendant served Harvey with a subpoena
requesting any records related to her treatment of Seibert
• Harvey never responded
• August 2015- Defendants' counsel sent a letter to Harvey
requesting that she comply with the subpoena
• Harvey did not respond
Seibert v. Jackson County, Mississippi, et al. NO. 1:14-CV-188-KS-MTP
Kristan Seibert v. Jackson
County, Mississippi
• After a motion was filed forcing Harvey to comply, she wrote a
letter
• Harvey 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,
Mississippi
• Harvey 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
Health
• Paul-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 discrimination
Paul v. Postgraduate Center For Mental Health, no. 12 CV 362 (VMS)
Jean Robert Paul v. Postgraduate Center For Mental
Health
• Paul complained that co-worker answered a question for the sister of one of his
clients regarding transportation of the client for a home visit
• Paul 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 same
Paul against Postgraduate Center For Mental Health, no. 12 CV 362 (VMS)
Texas Medical Association v. Texas State Board of
Examiners of Marriage and Family Therapists
• November 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
disorders
• Since 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 therapists
NO. 03–13–00077–CV
Employment cases
• Heffernan v. City of Paterson: Case Pending:
U.S. Supreme Court will decide if First
Amendment protects employees from
demotions based on perceived political
affiliation
• Glen A. Fox-against- New York City Department
of Education and P.S. 150
• Patricia Hawkins v. Maury County Board OF
Education
Glen A. Fox v. New York City Department of
Education And P.S. 150
• August 2015- former school guidance counselor
• Fox alleges that he was subjected to adverse employment poor
reviews, suspension, and termination
• Hostile 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. 150
• 2010-11 school year, the principal changed; Pamela Bradley, a
45-year-old black woman, became the new principal
• Within 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 efforts
• Charges 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 Education
• Patricia Hawkins- School Counselor
• Filed a lawsuit against Maury County Board of Education
• Claims arise out of her involuntary transfer that she says was
discriminatory based upon her race
• Also claimed harassment and retaliation against her after she
complained of discrimination
Patricia Hawkins v. Maury County Board OF Education ET AL. No. M2013-01083-WC-R3-WC
Patricia Hawkins v. Maury
County Board of Education
Director 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
Education
Q: 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 back
Patricia Hawkins v. Maury County Board of Education Et Al. No. M2013-01083-wc-r3-wc
Patricia Hawkins v. Maury
County Board of Education
• Charges 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 value
www.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 safe
• If the behavior is unsafe, extinction may be more effective (but is that
ethical)
Satiation may Cause an Increase in a
Student’s Challenging Behavior
• Satiation reinforcement of the challenging behavior may be
problematic, as the undesirable behavior may continue and
may not be helpful in producing appropriate behavior
• Depending on the cause of the behaviors, satiation
reinforcement may encourage the behavior to continue
Satiation may cause Non-Compliance or an
Excessive Delay in Responding
• Depending 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
Motivation
• Encouraging 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 attention
• Satiation 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 spectrum
• Though 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 spectrum
• Consider 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.html
Bidwell, 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.html
City 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
References
Gooding 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-wc
Heffernan 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).
References
Loving 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 Filed
Obergefell 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.
References
Rentz 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-MTP
State v. Crank, S.W.3d (Tenn., Wade, 2015).
State v. Dycus, 456 S.W.3d 918
State v. Herron, 461 S.W.3d 890 (Tenn., Clark, 2015)
State Of New Jersey v. Mercado January 22, 2015, Decided
State of Vermont v. Thomas A. Tatro No. 14-105 Supreme Court Of Vermont 2015 Vt. Unpub. LEXIS 43 March 6,
2015, Filed
Taylor v. Barkes, 135 S.Ct. 2041 (U.S., Per Curiam, 2015).
References
Tennessee HiSET Requirements (For Test Takers). (n.d.). Retrieved October 12, 2015.
Terri Ann Kelly v. Willard Reed Kelly, E2012-02219-SC-R11-CV
Texas 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 2015
Young, J. (n.d.). Five Signs of Satiation. Retrieved from http://www.innovativepiano.com/Five-Signs-of-Satiation.html
Zelinski, A. (2015, September 8). Book Sparks Latest Chapter In Fight Over Charter Schools. Retrieved October 4, 2015.