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I am in the process of completing my Master's degree in Guidance and Counseling. Once I graduate, I would like to become an elementary or high school guidance counselor and eventually a college academic advisor.

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I interviewed Jessica Martinez, a middle school counselor from Young Women's Leadership Academy in Grand Prairie, Texas. She was very helpful and provided me with valuable information regarding ethical situations that occur in the school counseling profession.
Question #1:
Current legal issues that are impacting the school counseling profession are various types of abuse outcries and how to legally and ethically manage these situations. Another legal issue is the precision of note-taking that is utilized during a counseling session. This is very important legally because if for some reason the notes need to be subpoenaed, the courts will look at the accuracy of the notes.
Another legal issue is the protection of confidentiality when a counselor communicates a problematic situation to Child Protective Services [CPS]. The anonymity is vital and a counselor needs to be cautious as to follow the legal and ethical procedures in these situations.
Question #2:
The legal requirements and compliance issues that a counselor must be attentive to are precise note taking during a counseling session and updating any 504 cases when emotional issues are involved.
Question #3:
One policy or rule that Mrs. Martinez had to review, due to a legal or ethical issue, was when CPS requested notes on a case and she became aware of the importance of the accuracy of the notes she had taken.
Question #4:
Mrs. Martinez discussed the type of training she has received, as a counselor, which focuses on legal or ethical issues. Some of the topics focused on being trained on victims of crime which was given by the Grand Prairie Police department and also being trained on the guidelines on the type of resources that a student or family can receive.
Question #5:
Mrs. Martinez stated that to stay current on legal issues in the field of guidance counseling she has a subscription to the ASCA journal, attends various district training, and the director of the counseling department sends updates.

(J. Martinez, personal communication, June 6, 2018).

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Inside Higher Ed
This post briefly discusses a study conducted by Yale University. The study focused on the increase of complaints regarding gender discrimination and sexual harassment in the education field. It states that there is gender discrimination in college entrances and classes but there is also an equal rise in the areas of athletics and harassment (Whitford, 2018).

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Complaints under the federal law barring gender discrimination in education increased at least fivefold from 1994 to 2014, and shifted in nature during that time from focusing predominantly on academics to encompassing athletics and sexual harassment in almost equal measure, too, a new study finds.

The study, by a Yale University graduate student, Celene Reynolds, in the journal Social Problems, found that the number of annual complaints hovered between 150 and 300 in the early part of that span. The number increased to 526 in 1999 and shot up to 1,379 in 2013, then to 1,446 in 2014. (The federal records Reynolds had access to stopped that year.) Reynolds attributes the increase to a broadening understanding of sex discrimination and asserts that more people are turning to tools like Title IX to address it.

Academic complaints -- such as equal access to college admission or classes -- remain the most frequently filed type, but athletic and sexual harassment complaints have become almost equally common.

Reynolds found that the type of institution matters when considering patterns of complaints.

"Perhaps most interesting is that the most selective schools and schools in states with higher levels of women's representation in the Legislature face higher numbers of sexual harassment complaints," she wrote. While the study doesn't specifically examine why this difference exists, Reynolds speculates that access to Title IX information and demographics of potential reporters could play a role.

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Title IX Complaints Spiked Over 2 Decades

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Complaints under the federal law barring gender discrimination in education increased at least fivefold from 1994 to 2014, and shifted in nature during that time from focusing predominantly on academics to encompassing athletics and sexual harassment in almost equal measure, too, a new study finds.

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Researching School counselors and confidentiality 

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Researching School counselors and confidentiality 

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As I utilized the Angelo State University library for research topics on law and ethics in the area of Guidance and Counseling, I encountered this journal article which involves a dilemma that counselors face on a daily basis.  The article discusses the legal and ethic issues counselors face regarding confidentiality.  A study was conducted involving 627 counselors from the elementary to the high school setting.  The authors gave a questionnaire to each counselor regarding what factors would cause them to breach confidentiality with a student.  At the end of the article, the results of the study indicated that under certain circumstances, the counselors would breach confidentiality involving a student and informing a parent.  There were several court cases mentioned where confidentiality must be reached or broken (Isaacs & Stone, 1999).

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Angelo State University - Library Online Resources

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Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

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Step 3:  Legal and Ethical Issue of Interest: Factors affecting Confidentiality

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Step 3:  Legal and Ethical Issue of Interest: Factors affecting Confidentiality

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After researching several legal and ethical issues that school counselors face, I chose confidentiality and the factors that affect it. This topic interests me because confidentiality is constantly being questioned as to when confidentiality should be broken and/or parents should be informed.
I would like to further explore court cases where confidentiality between a school counselor and student was a problem, the factors affecting the situation, and the outcome of that court case.

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Step 4: Researching Counselors and Confidentiality

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Step 4: Researching Counselors and Confidentiality

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While researching this topic, I found a website that is specifically for school counselors which is the American School Counselor Association or ASCA.  This website provides all different types of information for school counselors in all areas.  It explains the ethical values counselors must follow and information if there are concerns.
I also found another helpful website, Confident Counselors, which consists of various blogs about that topic.  When you click on the link it will take you to another website that further explains tips when you have questions or concerns about confidentiality.

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search | American School Counselor Association (ASCA)

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What do you share with parents, teachers or your administration about a student's progress or participation in school counseling services? Is your confidentiality policy considerate of student trust as well as student growth?

Confidentiality is there to build trust and rapport while working towards goals. Students, elementary through high school, benefit from wrap-around services to make meaningful progress. They need multiple adults helping them practice skills and reinforcing their efforts. If we do not share information with relevant adults, I think we limit the progress they could make.

I used the following approach to maintain trust with students while sharing key information that promoted their growth. During our first meeting, I told students the limits of confidentiality (harm to self or others). Next, I told them there was general information that would be helpful to share with others. This included strategies the student was using, progress on a goal, conflicts with another student. They would be told who was getting this information. Lastly, there would be times that I would ask their permission to share things that was uncomfortable for them, but useful for their progress. This usually was helping them admit a mistake or talk to someone about negative feelings they were having. Stopping your confidentiality policy at only discussing possible harm with others limits student growth and your effectiveness.

- Laura Driscoll from Social Emotional Workshop

It's often tough to strike that balance between maintaining students' confidentiality and communicating with the adults who-after all-spend so much more time with them than I do. I encourage kids to let their teachers know if they're having an issue that's impacting them at school, and will always volunteer to be present for the conversation (or even to speak on their behalf) if it will make them more comfortable. If the child doesn't want to share, then I simply tell the teacher that the student is having a hard time right now and may need some extra patience, movement breaks, and TLC. The teachers in my building are wonderful and never press for more details than I can provide.

- Laurie Mendoza, School Counseling Files

I am passionate that little humans need the support of the adults in their life when they are working on something. Whether that be grief, behavior, self-esteem, or any other concern that's going on with them. I always tell teachers and parents that they will know what the child is working on even if I don't share all the details. Each session ends by saying, "You have some ideas that you are going to try this week. I think it might be helpful if you mom (or other adult at home) and teacher knew what you were working on. What do you think we should tell them?"

So far in 15 years, I have never had a student who didn't want me to tell the adults in their life something. If I think we need to share more, I'll be honest with the child and make a plan they can be comfortable with. Even in the case of mandated reporting, I never want a child to step off the bus not knowing what they are going to be walking into. That is the ultimate betrayal to confidentiality.

Confidentiality always creates passionate debate among school mental health professionals. If you are in the process of developing or adjusting your confidentiality policy, look at the policies of your professional organization (e.g., NASP, ASCA, APA), state policies, and your district policy. If your district policy expects you to share more information than you think is ethical, use your professional organization and state policies to advocate for better practices.
ASCA: The School Counselor and Confidentiality Why "Who is the Client?" is the Wrong Ethical Question NASP: The Counseling Role in School Psychology

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Conversations: Confidentiality in School Counseling - Confident Counselors

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What do you share with parents, teachers or your administration about a student's progress or participation in school counseling services? Is your confidentiality policy considerate of student trust as well as student growth? Confidentiality is there to build trust and rapport while working towards goals.

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Researching Confidentiality using ASU Resources

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Researching Confidentiality using ASU Resources

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I utilized the ASU RAM library Usearch tool to find articles regarding school counselors and confidentiality. I had previously discussed one very interesting article but also found another article that focused on confidentiality, ethics, and the school counselor. This article also includes scenarios regarding a certain confidentiality situation and how ASCA explains to ethically solve it.

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ERIC - Using an Ethical Decision-Making Model to Address Ethical Dilemmas in School Counseling, Journal of School Counseling, 2017

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School counselors frequently face ethical dilemmas. These dilemmas often involve relationships with principals, parents, and other stakeholders. School counselors may confront complex ethical issues involving confidentiality, student safety, parental rights,and social media. The American School Counselor Association recommends following an ethical decision-making model when dealing with complex ethical issues.

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Step 5: Summary of School Counselors and Confidentiality Factors

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Step 5: Summary of School Counselors and Confidentiality Factors

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Student confidentiality during counseling sessions is a vital factor in building a counseling relationship.  School counselors continuously face situations where they must decide whether a breach of confidentiality is warranted.  A counselor must decide if certain factors warrant a reason to breach confidentiality if student harm is visible.  A counselor must be aware of different legalities and ethical guidelines if he/she is presented in a situation where a breech of confidentiality is questionable.

There are some legal or ethical issues related to student confidentiality.  When a student has the intent to harm someone, a breach of confidentiality can be defended unless student anonymity is broken.  In this case, a federal law is violated and the Family Educational Records Protection Act [FERPA] can be utilized. FERPA protects the student's records since the beginning of their education and continues until they graduate.  Also, counselors face ethical decisions of breaching a student's confidentiality where certain factors are discussed in a counseling session.  There are many court cases found that relate to cases where confidentiality is questioned and the decisions of these cases are continuously changing the responsibility of the counselor (Myer & Baxter-MacGregor, 2010).

Becoming a school counselor is a goal I have been working towards for several years. As I progress towards my goal, several situations or scenarios may arise regarding confidentiality that I may have to face and make an ethical decision. Some scenarios that I may encounter if I were to be hired as a middle or high school counselor would be drug use, sex, or abortion. These are situations where if parents are informed their reaction can be negative. If I were to be hired as an elementary school counselor there may be scenarios involving bullying or child abuse and this may be an ethical/legal issue involving parents.

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                                    References

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                                    References

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Isaacs, M.L. & Stone, C. (1999).  School counselors and confidentiality: factors affecting professional choices.  Professional School Counseling, Vol 2(4) p. 258-266

Iyer, N. & Baxter-MacGregor, J. (2010).  Ethical dilemmas for the school      counselor: balancing students' confidentiality and parents' right to know.  Retrieved from https://opencommons.uconn.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1017&context=nera_2010

Whitford, E. (2018).  Title IX complaints spiked over 2 decades.  Retrieved from https://www.insidehighered.com/quicktakes/2018/06/05/title-ix-complaints-spiked-over-2-decades