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Access to mental health services provided by school counselors is important to fulfill the social and emotional needs of students. Schools are experiencing a major increase in students experiencing anxiety, depression, substance abuse, and bullying regardless of gender, race, and socioeconomic status (Horowitz & Graf, 2019).

Audience: District and School Administrators, School Counselors, and Legislators

Reasons this topic was chosen:

Major issue nationwide

The mental health of students is at risk

This issue needs an immediate response from the government

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Texas Education Agency (TEA):

Responsible for governing all public school systems including primary and secondary levels of education (TEA, 2023).

Manages cases involving confidentiality and ensures mental health services are provided in public schools.

State Board for Educator Certification (SBEC):

Responsible for the compliance of educators

Facilitates legal and ethical discourse (State Board for Educator Certification, 2023).

Holds educators accountable in the event confidentiality is broken or mental health services are denied to a student.

U.S. Department of Education :

Establishes the Office of the General Counsel

Responsible for providing information and guidance on legal issues that occur in education (U.S. Department of Education, 2022).

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U.S. Constitution: 8th Amendment

prohibits the infliction of cruel and unusual punishments (U.S. Const. amend. VIII).

VIII Amendment

The lack of access to mental health services is not only observed in education but also prison systems. The U.S. Supreme Court has used the Eighth Amendment as a way to determine that prisoners with a lack of mental health services is considered cruel and unusual punishment (McCabe & Frierson, 2001). This shows how changes need to occur to mental health service access in the United States, especially in schools.

Texas Constitution:  Article 1, Section 3

all citizens of Texas are equal and have equal access to services under the law (Tex. Const. art. 1, § 3).

Article 1, Section 3

Article 1, Section 3 of the Texas Constitution impacts the lack of mental health services in schools due to the disparity of access between higher-income schools and lower-income schools. In Texas, approximately 593 school districts do not have access to school psychologists who provide mental health services or to online health services (New & Hacker, 2022).

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Slide  #4 Statute and Administrative Law

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Slide  #4 Statute and Administrative Law

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Federal Statute: Code of Federal Regulations (CFR) (LINK)

The United States CFR requires that institutions of higher education receiving grants implement mental health and substance abuse awareness to students and families  and promote resources available (42 U.S. Code § 290bb–36b)

Impacts Lack of Mental Health Services by:

Requiring the promotion of mental health awareness in higher education institutions

Helps students to access mental health services who were unable to at the secondary level

Federal Administrative Law: Public Welfare Code of Federal Regulations (LINK)

Health Programs must support a program that promotes a child’s social and emotional well-being, mental health, and overall health and facilitates access to extra mental health resources as needed (45 C.F.R. § 1302.45).

Impacts Lack of Mental Health Services by:

Promoting access to mental services for individuals in the community

Creating health programs aimed at providing mental health services to children

Texas Statute: Texas Education Code (LINK)

The Texas Education Code requires that TEA ensure school districts implement best practice-based programs over topics such as mental health prevention and intervention to create a safe school environment and quality ( 2 Tex. Edu. Code § 38.351).

Impacts Lack of Mental Health Services by:

Intervene with students who need mental health services with consent first

Create a safe and supportive school environment to better mental health

Provide training to educators on mental health issues

Texas Administrative Law: Texas Administrative CODE (LINK)

People have the right to access mental health services regardless of their race, ethnicity, sexual orientation, age, or disability and the right to a human environment that protects them from harm (25 Tex. Admin. Code § 404.154).

Impacts Lack of Mental Health Services by:

Ensuring people, such as students, have access to mental health services regardless of their differences

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Parham v. J. R. (LINK)

J.R. was a minor who was admitted to a state mental institution at the age of 7 by the hospital’s superintendent. Upon reaching adulthood, J.R. brought a lawsuit against the State of Georgia stating that the voluntary commitment procedures of the state violated their process rights in which the Supreme Court decided that the procedures were unconstitutional (Parham v. J.R., 1979).

Impact of the Case

When seeking mental health services, proper consent must be given to minors, especially by their parents or legal guardians. School counselors must understand the scope of practice of their careers to know when to refer students to proper mental health services.

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Texas Administrative Code (LINK)

An overarching regulation that impacts the lack of mental health services is the Mental Health Community Services Organizational Standards of the Texas Administrative Code. This regulation requires that provider networks of mental health services are adequate and proper and that they abide by the Health Insurance Portability and Accountability Act (26 Tex. Admin. Code. §301).

Impact:

This impacts confidentiality in that confidentiality must always be maintained via the Health Insurance Portability and Accountability Act when involved in health services such as mental health services. This administrative code also impacts the lack of mental health services in that those networks that provide mental health services must follow specific standards to provide adequate services.

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A policy about the lack of mental health services is the local and legal policy of Counseling and Mental Health: Counseling.

allows students to seek mental health services regarding suicide prevention, abuse, and chemical dependency with their consent (Future Educators of America, 2020).

This impacts the lack of mental health services in that Eagle Pass ISD ensures that its students can access mental health services via their school counselors immediately with their consent.

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Policy Code FFEA - Counseling and Mental Health: Counseling - Eagle Pass ISD Board Policy Manual - Policy Online

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Not providing students with adequate mental health services can put students at risk of dropping out of school, truancy, repetition of a school year, or even increasing the violence experienced at school (Gerd, 2016).

Steps for Risk Management can be:

Recognize educational risks

Require schools to employ counselors or therapists

Require every Texan school to offer online mental health services

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The Texas Educator Code of Ethics enforces all standards required to be followed by educators covering ethical conduct towards colleagues and students, and the required practice and performances. Standard 3.2 impacts the lack of mental health services since it states that the educator should not intentionally or recklessly put a minor in a situation that affects or puts in danger their mental, physical, learning health, or safety (19 Tex. Admin. Code §247.2). This is important as failure to send a student to receive mental health services in the event of suicide ideation can be seen as a violation of this standard.

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19 Tex. Admin. Code § 247.2 - Code of Ethics and Standard Practices for Texas Educators

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Enforceable Standards. (1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process.

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Slide  #10 Personal Connection to the Legal and Ethical Standards

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Slide  #10 Personal Connection to the Legal and Ethical Standards

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Having learned about legal and ethical standards within the context of school counseling lowered the difficulty of understanding the law. I was able to better connect the statutes and regulations to education which will benefit me during my educational journey as there may be instances where I may need to interpret the law. Being able to interpret the law to certain situations in school counseling, such as the lack of mental health services, increased my comprehension of why having access to mental services is essential for the success of students.

The connections I was able to make between school counseling and the law gave me self-confidence in being able to understand laws. This will help me in my educational journey as I will now feel more confident to research new and upcoming laws that may be passed regarding education or school counseling. My commitment to learning educational law and existing laws will allow me to make more informed and law-abiding decisions, especially in difficult situations concerning the law.

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Slide #11 Recommendations or Best Practices for Compliance

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Slide #11 Recommendations or Best Practices for Compliance

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Have mental health resources available for students at all times

Offer training for teachers, counselors, administrators, and other staff to be up to date with laws regarding education

Offer training for educators that highlights the importance of mental health awareness so they can better serve students

Offering pathways to further staff's education in the hopes of increasing the number of therapists or psychologists in the district to ensure that the students receive the help they need

Create a protocol or plan that can be implemented to help students struggling with mental health issues

Create a connection to outside resources, like mental health crisis centers, that will facilitate the servicing of students

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Texas Education Agency(TEA). (2023). About TEA. https://tea.texas.gov/about-tea

Child Mental Health and Social and Emotional Well-being, 45 C.F.R. 1302.45

Code of Ethics and Standard Practices for Texas Educators, 19 Tex. Admin. Code §247.2

Future Educators of America — Counseling and Mental Health: Counseling. (2020, July 9). Eagle Pass ISD. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=854&code=FFEA#legalTabContent

Schulte-Körne, G. (2016). Mental Health Problems in a School Setting in Children and Adolescents. Deutsches Ärzteblatt International, 113(11), 183–190. https://doi-org.easydb.angelo.edu/10.3238/arztebl.2016.0183

Horowitz, J., &  Graf, N. (2019, February 20). Most U.S. teens see anxiety and depression as a major problem among their peers. Pew Research Center. https://www.pewresearch.org/social-trends/2019/02
/20/most-u-s-teens-see-anxiety-and-depression-as-a-major-problem-among-their-peers/

McCabe, L., & Frierson, R. (2021, June). Lack of Adequate Mental Health Treatment for Prisoners Constitutes Cruel and Unusual Punishment. Journal of the American Academy of Psychiatry and the Law Online, 49(2) 257-260; DOI: https://doi.org/10.29158/JAAPL.210040-21

Mental Health and Substance Use Disorder Services for Students in Higher Education, 42 U.S. Code § 290bb–36b

Mental Health Community Services Organizational Standards, 26 Tex. Admin. Code. §301

Mental Health Promotion and Intervention, Substance Abuse, Prevention and Intervention, and suicide prevention, 2 Tex. Edu. Code § 28.351

New, B. & Hacker, C. (2022, August 19). Half of all Texas school districts have no mental health services. CBS News. https://www.cbsnews.com/news/texas-schools-mental-health-
services-psychologists/

Parham v. J.R., 442 U.S. 584 (1979). https://supreme.justia.com/cases/federal/us/442/584/

Rights of All Persons Receiving Mental Health Services, 25 Tex. Admin. Code § 404.154

State Board for Educator Certification. (2023). Texas Education Agency. https://tea.texas.gov/about-tea/leadership/state-board-for-educator-certification

U.S. Department of Education. (2022, June 13). Office of the General Counsel. https://www2.ed.gov/about/offices/list/ogc/index.html?src=oc