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TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
@ALegalProcess
Aug 23, 2023 • 10 tweets • 3 min read • Read on X
Scrolly
📢AZ BoE | Enforcement Actions:
Board resumes disciplines amid wave of teacher misconduct.
Whopping🚨 41% 🚨of voluntary surrender cases involve sexual interest in minors:
➡️23 voluntary surrenders
➡️4 revocations
➡️5 negotiated settlements
➡️12 revocations in pipeline
🧵⬇️
1/ Teacher in Sunnyside USD found to be on 12-year probation for RAPE of a minor girl Image
2/ PHX Union teacher asks for nude photos from female student, texts sexual comments: Image
3/ Substitute under investigation out-of-state for "inappropriately touching female students" Image
4/ Douglas teacher pursues coffee dates with female student, asks what she thought "if a grown man asked a younger girl out of coffee" - slips a photo of a coffee cup with a heart inside in her notebook Image
5/FOR A YEAR - Willow Canyon HS teacher texts female student: "Hey cutie," "I'll slap you like Will Smith"
SRO called to investigate "grooming" - district turns over to Surprise police. Image
6/ PVUSD teacher uses social media to have "inappropriate communication" with "at least one" student Image
7/ "Lonely" teacher has "inappropriate communications" with a minor female, sends hand-written letters and text messages...says he has "feelings" for her because he's alone Image
8/ Flagstaff police investingating teacher for unrelated matters, finds text history w/female student: "I will do anything for you," "angel," "I will do whatever needs to be done to make your dreams come true."
Father intervenes. Uses other students to convey more messages. Image
9/ Teacher discovered to have fathered a child with former student in California, sexual relationship for two years while still in school,...eventually divorces wife to marry former student.
>>certificate REVOKED

End. Image

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More from @ALegalProcess

TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Mar 4
📢NEW AZ Auditor General Report: Schools are spending LESS on instruction, MORE on counselors - LOWEST IN 23 YEARS!!
Since the auditor started tracking Instructional Spending in 2001, last year schools allocated the least amount of spending to actual instruction...
🧵1/7Image
But schools did allocate MORE money on "student support services" i.e., counselors.
2X the amount, adjusted for inflation, since 2001.
➡️Average school spends over $1,100 on "support" services like counselors
2/7Image
And while per student operational spending increased over 9%, only 42% of the increase went to actual instructional spending...lowest proportion in 3 years
3/7Image
Read 7 tweets
TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Jan 16
🚨Urgent Care-meets-the-Classroom | Are you here to see the health pro...or a teacher?
AZ republican proposes comprehensive bill to restructure schools into hybrid, one-stop learning-health-clinic model, forever transforming concept of schools as academic centers. HB2448 bill invites privately-owned, health centers into schools that would be managed by new program at Dept of Ed.
🧵⬇️
1/nImage
HB2448:
➡️Outside health care provider may set up on-site
➡️For services "beyond" scope of nursing
➡️Parental consent required if "consistent with federal laws"
➡️May bill private insurance, but will serve all regardless of ability to pay
2/nImage
HB2448:
➡️May dispense OTC or prescription meds, with parental consent
➡️May NOT provide a list of "no-no" services, including mental health screening, STD testing, pregnancy testing, others
[Ed. NOTE: at least, until future legislators revise...?]
3/n Image
Read 7 tweets
TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Jan 12
🚨PETITION FILED WITH ARIZONA BOARD OF BEHAVIORAL HEALTH TO REPEAL UNLAWFUL "NO-TOUCH" POLICY EXEMPTING SCHOOL COUNSELORS FROM REGULATORY OVERSIGHT🚨
Today, as a concerned parent and proponent of transparency, I filed an ARS 41-1003 administrative petition with the Board of Behavioral Health Examiners to repeal their 21-year old "no-touch" policy that purports to exempt school counselors from BBHE's regulatory oversight. This Policy violates the Administrative Procedures Act, is redundant, and no longer reflects the reality of mental health services in schools.

For too long the BBHE has turned a blind eye to the practice of behavioral health by unlicensed school counselors and social workers.

Much has changed in school counseling since 2003 when the Policy was adopted. They aren't just "guidance counselors" for career and college advising anymore. They provide behavioral health services and the Department of Education, however well-intentioned, is ill-equipped to manage and supervise them.

In the interest of public health, welfare and safety, the BBHE needs to reassert their statutory authority over the practice of behavioral health.

Parents need to know that if their rights are violated, or if their child is injured, by an unlicensed school counselor or social worker practicing behavioral health, they have recourse to the regulators at the BBHE who have statutory powers to investigate complaints and tackle the unauthorized practice of behavioral health - a Class VI felony in this state.

Parents whose rights are violated, or whose children are injured by unlicensed behavioral health workers in schools should not have to rely on a school district's complaint policies and procedures set in place by district administrators, governing boards, or the Department of Education.

Parents, lawmakers, and regulators need to understand:

➡️There is no statutory basis to exclude school counselors and social workers practicing behavioral health from licensure

➡️The BBHE adopted this Policy in 2003 without any statutory basis to create an exemption from licensure

➡️The Policy is used as a blanket exclusionary rule - but never went through formal rulemaking proceedings - no public notice, no public comment, no public scrutiny

➡️Whatever assumptions the BBHE had about school counselors not practicing behavioral health in 2003, those assumptions are no longer warranted

➡️Being "certified" by the Department of Education does not make school counselors or school social workers any different from any other "certified" employee in schools:
*They follow district policies, not professional practice standards
*They report to administrators, not licensed supervisors with experience in behavioral health, and
* They are not bound by the same professional ethics of a licensed practitioner.

A copy of the full 102-page Petition is available here:
drive.proton.me/urls/4WH7S41Z5…Image
Image
Part II of the Petition on the evolving role of school counselors and behavioral health in schools:
➡️Did you know ADE changed the title of "guidance counselors" to "school counselors" only in 2018?
➡️Or that an ASU counseling master's degree requires you study the same courses - whether you're "certified" or "licensed"? It really doesn't matter - the courses qualify you for bothImage
Did you know ADE added "school social worker" as a certificated employee category in 2017?
Or that 96% of all schools provide mental health services now, including over 80% that provide individual one-on-one therapy counseling? Image
Read 9 tweets
TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Oct 20, 2023
📢AZ BoE | Enforcement Actions - September 2023
Astonishing trend continues.
Teacher certificates voluntarily surrendered include:
➡️7 out of 16 cases involving sexual interest in minors
➡️That's 44% of all cases for the month, up from 41% last month

Highlights in the 🧵⬇️
1/n
/2/ Agua Fria Union HS:
➡️District discovers allegations of molestation of a 13 yo step-daughter over a two year period Image
/3/ Benson USD:
➡️Teacher uses Snap Chat app to contact students, "sat close to a particularly young lady at a community park," and
➡️dated former students after graduation Image
Read 8 tweets
TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Sep 4, 2023
📢Public Schools | Unregulated Mental Health Service Providers (dba "certified counselors/social workers"):
@azedschools publishes new guidance, with state medicaid agency, to expand presence of licensed mental health providers in AZ schools, transforming our understanding of schools as primarily academic-focused institutions into a hybrid school/mental health clinic model euphemistically called "community schools." Here's what you need to know.⬇️

Source here:

Some good, some bad, so here's MY reader's guide to the guidance:

1/ "Community" Framework. Transforming schools from primarily academic centers into "community schools" with one-stop academic, physical and mental health services, the guidance purports to provide a framework to enter partnerships with licensed mental health professionals (referred to as "community providers") to take school service referrals. The framework includes:

➡️Delineation of roles between ADE-certified social workers/counselors/psychologists, and board-licensed professional mental health providers.

>By this metric, the guidance fails to adequately distinguish the scope of practice between the two. As I've repeatedly written, "certified" mental health providers in schools are not subject to the same professional standards of care regulated by the board of licensing, nor are they subject to discipline by a professional board.

>The failure to clearly delineate roles can be attributed to the guidance's reliance primarily on the advocacy positions of the American School Counselors Association. ASCA is not a professional licensing board, they are a volunteer association with no enforcement or disciplinary power over members.

>The "certified" vs "licensed" distinction is not even mentioned in the guidance. The authors apparently do not want to highlight the difference - and I think that's purposeful to obscure the increasing "professional creep" of unlicensed workers into areas of mental health practice that 📢IN ANY OTHER CONTEXT OTHER THAN SCHOOLS - would require licensing from the board.

>The authors stay in the "gray zone" where ADE-certified workers gradually assume greater roles in the provision of mental heath that ordinarily requires licensing and oversight by the state board.⬇️
You can see this "professional creep" in this graphic, taken from ASCA research, with my redlined addition. Where on this continuum should a child be referred to a licensed mental health provider? At what point does a school employee call the parent and refer out? The guidance does not say:
Likewise, note closely how many times and in what priority "family" is mentioned on the right, "community" (i.e., board licensed)-side of the "Whole School" pyramid model. Now look on the ADE-certified side where "family" is at the bottom. What does this even mean? Does the relative priority reflect the fact that, by law, board licensed mental health providers must obtain prior, informed consent from parents of a minor before treatment - but an ADE-certified school counselor can just stop a kid in the hall and say, "let's talk during your lunch period?"
(To be continued...)



Image
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Image
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Part II⬇️

Image
Part III⬇️

Image
Read 4 tweets
TheLegalProcess (v2.0 | Post-Election Ed) Profile picture
Jun 30, 2023
Part II. Public Schools | Counselors, Social Workers |
"Certified" vs "Licensed" (cont):
In 2019 the Board of Behavioral Health (BBH) took 91 enforcement actions to discipline LICENSED social workers/counselors.
Against "certified" ones working at schools?
>>ZERO<<
1/n
Licensed social workers/counselors must abide by professional standards of conduct promulgated and enforced by the BBH.
Compliance must be documented:
➡️Written Informed Consent
➡️Written Treatment Plan
>>BOTH signed by a parent if patient is a minor<<
2/n Image
Out of 91 enforcement actions by the BBH handled in 2019 alone, almost 10% involved discipline for failure to obtain a signed, written treatment plan for counseling involving a minor.
3/n Image
Read 14 tweets

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