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As an educator, I have seen the value of legal and ethical principles on student and staff success and wellbeing. This guide is a resource for educators, more specifically school counselors, to understand the application of legal and ethical principles to the field. An important topic in the realm of school counseling is student advocacy. According to Stone, "Legal understanding, coupled with school counselors’ and school administrators’ imperative to advocate, is formidable social capital and increases the odds that both disciplines will have sway in systemic change and support of individual students" (2022, p. 6).

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The governing agency at the state level is Texas Education Agency (TEA). At the federal level, the governing agencies are the U.S. Department of Education, as well as, American School Counselor Assocation (ASCA). These agencies create regulations and policies under administrative law, but are confined by the authority given them by Congress (Library of Congress, n.d.).

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Stone, C. (2022). Special issue: Creating social capital through school counselor-principal collaboration: School administrators and school counselors' legal and ethical alliance. Professional School Counseling, 26(1c):1-9. 10.1177/2156759X221134668

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Library of Congress. (n.d.). Legal research: A guide to administrative law: Rules and rulemaking. Research Guides at Library of Congress. https://guides.loc.gov/administrative-law/rules

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Federal Constitutional Law and Student Advocacy

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Federal Constitutional Law and Student Advocacy

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The Constitution of the United States

(U.S. Const.)

https://www.archives.gov/founding-docs/constitution-transcript

The preamble

Establishing justice

Promoting general welfare

The Constitution is the foundation from which all other law comes.

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State Constitutional Law and Student Advocacy

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State Constitutional Law and Student Advocacy

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Article 1, Section 3 of the Texas Constitution

(Tex. Const. art 1, § 3a)

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1/CN.1.3a.htm

Relating to equality which cannot be denied

No discriminating sex, race, color, creed, national origin

State constitution is created from the legal principles of the U.S. Constitution and serves as the foundation of state law.

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Title 19, Section 78.2001 of the Texas Administrative Code

(19 Tex. Admin. Code §78.2001 (2025))

https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F06%2F2025&recordId=225365

Student postsecondary success

college and career readiness

Removal of barriers to student success

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Federal Regulations and Student Advocacy

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Federal Regulations and Student Advocacy

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Title VI of the Civil Rights Act of 1964

(Civil Rights Act, 1964)

https://uscode.house.gov/view.xhtml?req=(title:42%20section:2000d%20edition:prelim)%20OR%20(granuleid:USC-prelim-title42-section2000d)&f=treesort&num=0&edition=prelim

This federal regulation demonstrates the long-time need for advocacy. In the context of education, this regulation requires actionable advocacy in the role of school counseling to remove systemic barriers.

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Roscoe Collegiate ISD School Board Policy-Equal Educational Opportunity

(Roscoe Collegiate ISD, 2023)

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=940&code=FB#legalTabContent

This board policy requires the removal of barriers to students' education through advocacy efforts.

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Risk Management Related to Student Advocacy

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Risk Management Related to Student Advocacy

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Training in effective advocacy strategies

Advocacy intertwined in all areas of a comprehensive school counseling program

Training students in self-advocacy skills

These three points demonstrate the holistic approach for advocacy in schools. School counselors advocate for students on a variety of topics to remove any barriers to success (Haskins, N., and Singh, A., 2016).

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Ethical Considerations for Student Advocacy

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Ethical Considerations for Student Advocacy

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ASCA Ethical Standards for School Counselors

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Section A.6.a of ASCA Ethical Standards for School Counselors (2022) states, "Collaborate with all relevant stakeholders, including students, school faculty/staff and parents/guardians, when students need assistance, including when early warning signs of student distress are identified" (p. 3). Consultation and collaboration create a mutual effort from all stakeholders to overcome barriers to student success. Advocacy requires communication to resolve a problem or concern.

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One of the largest roles of a school counselor is that of an advocate; for self, staff, and most importantly, students. The purpose of a school counseling program is to meet students where they are and help them get to where they want to be despite the challenges. The legal connections to advocacy in school counseling has provided me with the knowledge and confidence to provide more ethical services to all students.

My years in the educational setting have driven me to pursue a role where advocacy is at the heart. I have seen firsthand the need for student advocacy, which includes building the skill of student self-advocacy. This legal and ethical research has strengthened my passion for the school counseling role as it relates to advocating for all students in all areas.

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Not knowing legal or ethical obligations is not an excuse

Always refer back to the legal or ethical elements of a dilemma

Receive training on advocacy strategies

Teach self-advocacy to students

Understand how legal principles interact with one another and which proceeds the other

Collaboration, consultation, and coordination for all students.

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Section 33 of the Texas Education Code

(Tex. Educ. Code § 33.006)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Provision of a school counseling program that serves all students

Collaboration, consultation, and coordination for students

Full development of the four comprehensive areas

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Doe v. Unified School Dist., 255 F. Supp. 2d 1239 (D. Kan. 2003)

(Doe v. Unified School Dist., 2003)

https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

This case is a prime example of state law in lieu of local policy. This shows the heirarchy in law. This particular case law comes from the lack of student advocacy through mandatory reporting.

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Haskins, N., & Singh, A. (2016). Advocacy competency of school counselors: An exploratory factor analysis. Professional School Counseling, 20(1), 149-158. https://journals-sagepub-com.easydb.angelo.edu/doi/pdf/10.5330/1096-2409-20.1.149

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American School Counselor Association. (2022). ASCA ethical standards for school counselors. Schoolcounselor.org. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf