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American School Counselor Association (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Planned Parenthood South Texas (2019). Minors and abortion care. Retrieved from https://www.plannedparenthood.org/planned-parenthood-south-texas/patients/abortion-care-services/minors-and-abortion-care

Texas Family Code, Texas Code § 33.002, 2017.

Texas Family Code, Texas Code Â§ 33.003 (a) & (k), 2016.

U.S. Department of Education (2015, June 26). FERPA general guidance for parents. Retrieved fromhttps://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html

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What I Learned Concerning Minors and their choice for Abortion

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What I Learned Concerning Minors and their choice for Abortion

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I learned that when a minor in Texas wants an abortion, they must have parental consent prior to the procedure.  If a minor chooses not to tell their parents, the physician must inform the parents.

In 2000, the state of Texas enforced a law that required physicians to notify a parent or guardian of a minor within 48 hours if their child requested to have an abortion (Texas Family Code, 2017).

It is federal and state law for a parent to have access to educational and medical records upon request.  A parent must be given the opportunity to review their student's education records and the school must have documents available within 45 days of request. Parents also have the right to make most medical decisions as well as any upbringing choices for their children (U.S. Department of Education, 2015).

Rights of Minors:

Judicial bypass is the alternative court-issued allowance of an abortion that may be pursued without notification to a minor's parents (Texas Family Code, 2016).

In the state of Texas, if a minor is unmarried (under the age of 18), the state requires written permission from the parent or legal guardian in order for the abortion to take place. There are three exceptions to this law:

1. The Judicial Bypass: This procedure is entirely confidential and allows a minor to get consent from a judge for an abortion without permission from a parent or guardian.

2. If the minor is legally emancipated, they do not need permission from a parent or guardian.

3.  If a there is a health risk or a medical emergency arises, and the pregnant minor needs an abortion, no permission is needed from a parent or guardian.

(Planned Parenthood South Texas, 2019)

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While searching the Angelo State University library, I found an article discussing the legality of minors rights when dealing with abortion and adoption. The article focuses on unplanned pregnancies and what constitutes the right to an abortion, and what options minors have when choosing adoption.

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This article was retrieved from the website Education Week.  The title of the article is Abortion Debate: Do the Schools Have A Role in Counseling Girls? It was written by Vanessa Dea and discusses the ethical dilemmas faced by counselors and the legal matters that can pursue with school districts. It lists several court cases that have evolved because of counselors trying to protect their students privacy and confidentiality by not telling the parents. It concludes  by addressing regulation and the difficult positon counselors face when dealing with minors and pregnancy.

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I chose abortion because this is an issue that can be hard to navigate, especially when the school district has no formal policy set in place to help guide counselors. Teenage pregnancy is an ongoing issue at the high school I work for, and I feel it is important I have a plan set in place when an issue like this arises.

The school counselor must be careful in the way they approach this situation, making sure to balance and uphold the student's right to privacy, the parent's right to be informed about their child, and the ethics of counseling.

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The American Dream and Promise Act of 2019 (H.R. 6) continues to grow by increasing the number of cosponsors in the House to 219. This act will allow illegal immigrants who fall under the H.R. 6 who were brought across the border as a minor the opportunity to gain citizenship. H.R. 6 would allow the undocumented Dreamers to pay in state tuition, apply for financial aid, and be allowed to participate in work study programs. It is estimated that over 2.5 million people could benefit from this act, obtaining legal status, and eventually citizenship.

Another article I found that dealt with legal and ethical issues on the NEA website was the issue of bullying. It highlights the importance of teachers and counselors being able to identify, recognize, and handle acts of bullying. It states that if a educator sees that another student is being treated in a way that is inappropriate and it is not reported, this could be deemed illegal and charges could be pressed (NEA, 2019).

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American School Counselor Association (ASCA): Legislative Affairs

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American School Counselor Association (ASCA): Legislative Affairs

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While reading the legislative affairs section on the ASCA website, I learned that universities as well as schools are experiencing a shortage of counselors due to lack of funding. The website also spoke about strengthening career and technical education in public schools.

In efforts to help decrease the ratio between counselor and student, much work is being done by organizations and states to employ more funds to support mental health services in schools and universities. The Nelson/Rubio amendment allocated 10 million dollars to help develop relationships between universities and schools to create more jobs for school counselors, psychologists, and social workers. This effort is to help support and expand Safe Schools National Programs by increasing awareness of school based mental health awareness.

Along with mental health awareness, the website highlighted the new Perkins V law.  This law replaces Carl D. Perkins Act of 2006 and will fund and promote career and technical education (CTE) at the secondary level. This new law will force school districts to give comprehensive needs assessments to identify what programs, populations, and classes to offer. Counselors will be responsible for career exploration and development activities, integrating CTE classes into students schedules, as well as evaluating student success within the new curriculum.  Implications of this new law will begin July 1, 2019 (ASCA, 2019).

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Bianca Duvall is the led counselor at San Marcos High School.  She has been with the district for 8 years. I spoke with her concerning legal and ethical issues encountered while counseling secondary students.

#1: Mental illness among high school students is being noticed more often by Duvall. Stress, depression, anxiety, and other mental health issues are on the rise and affecting students as they mature into adulthood.  Duvall emphasizes the importance of recognizing students who suffer from such illnesses, and the legal responsibility counselors have in reporting a student who may harm themselves or other individuals.

#2: Cyber bulling has become an overwhelming phenomenon among teenagers. The counseling department must identify if certain behavior is "bullying" or normal adolescent behavior. Duvall said the challenge lies in identifying bullying and determining whether the allegations are valid, and are defined by policy FFH; Student Welfare-Freedom from Discrimination, Harassment, and Retaliation guidelines.

#3: Parents rights to access school information can be tricky and Duvall said it is important to know the law when sharing a students information. Many students at the high school are under the custody of a guardian, are from a divorce family, or have other family circumstances that limit counselors in sharing student information. Legal action can be taken if privacy or confidentiality is broken.

#4: Abortion is another ethical issues that is faced by school counselors. Students who are minors and who seek abortion can put counselors in a particular legal and ethical position.

#5: In the state of Texas, counselors are responsible for reporting child abuse. Although this is clear among educators and staff, Duvall says there still remains legal and ethical standards when handling an incident. Counselors must appropriately report an incident, and follow all legal guidelines. If a counselor fails to report an incident, the counselor can face legal backlash as well as putting the students safety at risk.

(B. Duvall, personal communication, March 19, 2019)

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I am currently pursuing a Masters of Education degree in Guidance and Counseling at Angelo State University.  I have been teaching high school Chemistry for 8 years, all at Title I schools.  After graduation, I hope to obtain a position on a secondary campus serving as a guidance counselor.