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Topic

School counselors are not performing their duties in an effective manner due to high student to counselor ratios, which affects the consistency and effectiveness of a CSCP.

Perspective

My professional perspective on this matter is that the duties of a counselor should be protected so that school counselors can focus their efforts and expertise to support students by adhering to the duties of a school counselor as outlined in the Texas Code (2 Tex. Educ. Code § 33.006). In my experience as a former administrator and current teacher, I’ve noticed that counselors are constantly being pulled from their actual duties to perform other roles that are not mentioned under their professional job description.

Audience

School Staff (teachers, paraprofessionals, nurse, administrators, secretaries, family engagement liaison)

My Why

I chose this topic so that I can inform others about what the ethical and legal dilemmas that many counselors find themselves in daily and so that I can better advocate for myself in the future if I encounter a similar situation.

References

School Counselors and Counseling Programs, 2 Tex. Edu. Code § 33.002-33.007

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National Agency

The American School Counselor Association (ASCA) Ethical Standards for School Counselors is a guideline to assist school counselors work ethically through difficult situations (ASCA, 2022).  This ethical code helps counselors maintain a focus on doing what is best for students.

State Agency

The Texas Education Agency (TEA) administers the rules and laws that control and oversee education in the state of Texas (Texas Education Agency, 2021).  TEA oversees the actions of:

The Texas Administrative Code (TAC) governs the State Board for Educator Certification (SBEC) which oversees the requirements a school counselor must meet in order to hold certification in the state of Texas (Texas Education Agency, 2023).

The Texas Education Code, (TEC) in particular Chapter 33, outlines the services that school counseling programs offer as part of a Comprehensive School Counseling Program (CSCP) (2 Tex. Educ. Code § 33.002-33.007).

The TEA is the state authority for rules and laws that govern education in the state of Texas, as long as it is aligned to federal laws, since they hold authority over all 50 states. This allows for states to approach issues, like education, through their own views and stances, as long as the state laws are aligned to federal laws.

References

ASCA. (2022). Asca ethical standards for school counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA).

Texas Education Agency. (2021, April 28). Laws and rules. https://tea.texas.gov/about-tea/laws-and-rules#:~:text=The%20Texas%20Education%20Agency%20administers,govern%20education%20in%20the%20state

School Counselors and Counseling Programs, 2 Tex. Edu. Code § 33.002-33.007

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 #3 Federal and State Constitutional Laws

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 #3 Federal and State Constitutional Laws

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Federal

The Every Student Succeeds Act (ESSA) replaced the No Child Left Behind Act and requires each state to measure performance in reading, science, and math (Every Student Succeeds Act, 2015).

School must inform families about standards, performance, graduation rates, teacher certifications, as well as other areas.

School counselors are assessed on various domains.  Interpreting student assessments is one of these domains and non-counseling duties can keep counselors from fulfilling federal obligations as stated within ESSA.

State

Texas Administrative Code, (TAC) § 61.1073, outlines the components of a CSCP as well as how counselors are to track the amount of time spent on their professional duties.  This state law serves to reinforce the importance of protecting the duties of a school counselor because it outlines the importance of documenting time spent on professional duties.  Adherence to this law is reinforced by TEA and they documentation of this information will be done so in a format that is accessible to TEA (19 Tex. Admin. Code § 61.1073).

References

Annual Assessment of School District Compliance, 19 Tex. Admin. Code § 61.1073

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/bill/114th-congress/senate-bill/1177

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State Statute

School Counselors and Counseling Programs, 2 Tex. Edu. Code § 33.002-33.007

This statute lays out the components of a CSCP as well as the specific duties and responsibilities that a counselor has within the components of a CSCP.

Counselors are required to document their time allocation and are, in part, evaluated on how well they spend their time.  Excessive time spent in non counseling duties will keep them from their duties.

State Administrative Law

Annual Assessment of School District Compliance 19 Tex. Admin. Code 61.1073

This administrative law was created to ensure that counselors spend at least 80% of their time on job specific duties.

This administrative law further supports the Texas Code (2 Tex. Educ. Code § 33.002 - 33.007) and for similar reasons as the state statue above, affects the allocation of a counselor’s time

References

Annual Assessment of School District Compliance, 19 Tex. Admin. Code § 61.1073

School Counselors and Counseling Programs, 2 Tex. Edu. Code § 33.002-33.007

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School principals, are typically a school counselors’ direct supervisor. To a large degree, they control the role of their counselors.. In Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008), a school counselor found herself in a conflict with her principal that ended with the counselor in a federal civil rights lawsuit as well as losing her job (Stone, 2022).  The counselor tried to advocate with her administrator for programs to support their counseling program for her students without success.  She went to her school principal’s direct supervisor, and the power struggle led to her losing her job. The Second Circuit Court of Appeals eventually ruled in the school district’s favor.

Lessons Learned from Outcome

School principals are a counselor's direct supervisor more often than not

School principals are not experts in the field of counseling

lack of rapport and collaboration could have possibly prevented the power struggle

References

Stone, C. (2022, January 1). https://www.schoolcounselor.org/Magazines/January-February-2022/Collaborating-with-Stakeholders-Cautionary-Tales-f. Legal & Ethical: Collaborating with Stakeholders: Cautionary Tales from the Courts.

Woodlock v. Orange Ulster B.O.C.E.S, No. 04 Cv. 5800 (CLB) (S.D.N.Y. Jun. 20, 2006).

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The Texas Model for Comprehensive School Counseling Programs (TEA, 2018) outlines the components of a CSCP and specific duties for counselors.  This framework was created to increase the effectiveness of individual and district level school counseling programs.  Adherence to the Texas Model will ensure that CSCPs are aligned to ASCA recommendations when it comes to the actual duties of a counselor, as well as the ratio of students to counselor that schools should operate within (TEA, 2018) which will result in counselors dedicating their time to job specific duties while working with a caseload that allows them to serve all their students adequately.

Per TEA

Counselor's are to track their time on their professional duties

TEA can request this data

Schools have to report this data once a year

References

Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.

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Pasadena Independent School District School Board, 2021, Personnel Positions, Pasadena Independent School District, https://pol.tasb.org/PolicyOnline/PolicyDetails?key=597&code=DP#legalTabContent

This board policy is directly aligned to the Texas Code (2 Tex. Educ. Code § 33.002 – 33.007) which outlines the duties and responsibilities of a professional school counselor.  The board of trustees establishes the contracts as stated in the Texas Education Code (2 Tex. Educ. Code § 21.002). The reason this policy is needed is because it states the guidelines that this district must adhere to for hiring a Certified School Counselor.

This Policy:

States that a Certified School Counselor is to spend 80% of their work time dedicated to their professional duties as outlined within the Texas Code

If they spend less than 80% of their time on counseling duties, their superintendent is to revise their job description and inform the school board of the revised provisions.

This local policy describes the professional duties of a school counselor as well as outlines what non-counseling duties entail.

TEA is the state authority that establishes the components of a CSCP as well as the student to counselor ratio (TEA, 2017).

References

Pasadena Independent School District School Board, 2021, Personnel Positions, Pasadena Independent School District, https://pol.tasb.org/PolicyOnline/PolicyDetails?key=597&code=DP#legalTabContent

School Counselors and Counseling Programs, 2 Tex. Edu. Code § 33.002-33.007

Texas Education Agency. (2017). School Guidance and Counseling – FAQ (frequently asked

questions. Retrieved from: http://tea.texas.gov/Academics/Learning_Support_and_Programs/School_Guidance_and_Counseling/School_Guidance_and_Counseling_-_FAQ/

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The ASCA Ethical Standards for School Counselors specifically mentions under “Responsibilities to the School” (ASCA, 2022) that a counselor will advocate for a CSCP free of non counseling assignments.  The standards also mention that they will collaborate with the right officials to remove barriers that could hinder the CSCP from being as effective as it can be.  Adherence to these ethical standards would ideally move a CSCP in the right direction towards having their counselors focus primarily on their professional duties.  Adherence to the responsibilities to the school as well as collaborating with the right officials impacts the freedom and autonomy counselors are given to implement a CSCP.  For a CSCP to be up to ASCA’s standards, a counselor should be free of non counseling duties.

References

ASCA. (2022). Asca ethical standards for school counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA).

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#8 Discuss, in bullet point format, three risk management strategies

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#8 Discuss, in bullet point format, three risk management strategies

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Often, principals and others are unfamiliar with the school counselor’s role or may rely on what they think the duties are.  It’s important to be proactive in advocating for your professional duty. Advocating for your duties is difficult when students have various needs, but there are steps that a counselor can take towards defending their duties and they include the following:

Teach stakeholders about your education.

Use the term “school counselor” and correct others who say “guidance counselor.”

Promote your CSCP online, at school, and through your school’s community.

Create an advisory council that meets at least twice a year.

Ask to be a part of the school leadership team to promote collaboration.

Proactively set meetings with administrators throughout the school year to highlight the school counseling program.

Complete the annual administrative conference at the beginning of each school year.

Provide a calendar to stakeholders that promotes the counseling services to students and the school.

Take advantage of moments to advocate for your role (meetings) by speaking up and letting the team know how you can support them.

Advocate for a compromise with fair-share responsibilities to ensure that non-school-counseling duties do not hinder your ability to promote an effective CSCP.

(Greiner & Hatton, 2023)

References

Greiner, A., & Hatton, C. (2023, July 1). Advocating for the ASCA national model. Advocating for the ASCA National Model - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Magazines/July-August-2023/Advocating-for-the-ASCA-National-Model

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#10 Personal Connection to the Legal and Ethical Standards

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#10 Personal Connection to the Legal and Ethical Standards

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Personal Connection

The ethical standards set forth by ASCA (2022) are designed for counselors to maintain high standards for themselves and others in support of their students. They are broken down by:

RESPONSIBILITY TO STUDENTS

RESPONSIBILITIES TO PARENTS/GUARDIANS, SCHOOL AND SELF

SCHOOL COUNSELOR DIRECTORS/ADMINISTRATORS/SUPERVISORS

SCHOOL COUNSELING PRACTICUM/INTERNSHIP SITE SUPERVISORS

MAINTENANCE OF STANDARDS

ETHICAL DECISION-MAKING

(ASCA, 2022)

Personally, I can see how these ethical standards are designed to primarily meet the need of all students. I can also see that in order for that to happen, counselors need to be given the autonomy and trust to conduct their duties. The ethical standards alone do not guarantee that a counselor will work in a building that will foster them so establishing rapport is key in order for a counselor to work in a collaborative environment that will promote their CSCP. I would ideally be in a building that will foster these ethical standards but I also understand that I may work in a building where my duties aren't specifically understood and that it would be within my realm of responsibilities to educate others.

References

ASCA. (2022). Asca ethical standards for school counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA).

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#11 Bulleted list of Recommendations / Best Practices for Compliance

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#11 Bulleted list of Recommendations / Best Practices for Compliance

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Best Practices

Apply the ASCA Ethical Standards for School Counselors and the relevant district policies and procedures.

Consult with appropriate professionals (e.g., supervisors, other student service professionals, school counseling peers, cultural experts).

Consider parental/guardian and student rights

(ASCA, 2022)

Educate others on the specific duties of a school counselor.

Educate others on the components of a CSCP

Create strong rapport with all stakeholders (families, students, community members, staff, mental health professionals, leadership)

Educate yourself on the laws that impact your decision making at the local, state, and federal level as well as any court cases that could establish precedent for you to move forward with decisions.

References

ASCA. (2022). Asca ethical standards for school counselors. ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA).