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From my professional perspective as an educator it is imperative that schools and districts have policies and protocols to identify and help students with suicidal ideation.   This legal guide is intended for school faculty, school counselors, and administrators to gain an understanding of the legal supports in place to help students in crisis.  I chose this topic because if district and school policies are aligned with faculty and staff protocols, then there is an opportunity to help those students in need.

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For this interview regarding mental health and suicidal students, I interviewed Jennifer Moczygemba, one of the school counselors at Covington Middle School in Austin, Texas. Mrs. Moczygemba mentioned that working with students conveying suicidal thoughts is a balance of ethics and law. She explains that ignoring reports of concern from teachers about students can result in lawsuits of negligence if that student is harmed. (J. Moczygemba, personal communication, November 13, 2020).

Best practices include:

Immediately finding and talking with a student who is of concern.

Being honest with the student about when and what information you will share for the student's safety.

Contacting legal guardian with any concerns of self harm or danger.

(J. Moczygemba, personal communication, November 13, 2020).

Mrs. Moczygemba went on to explain that the state of the world during the COVID-19 Pandemic is going to have a lasting effect on students' mental health. There could be potential lawsuits against school districts regarding a lack of counseling implementation during virtual learning. Many at-risk students are not engaged virtually, making it difficult for school counselors to contact and provide intervention. She mentions that only time will tell, but that she is hopeful for normalcy soon (J. Moczygemba, personal communication, November 13, 2020).

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www.schoolcounselor.org

The American School Counselor Association provides resources for counselors, educators, and administrators. The resource cited below is a Position Statement from the American School Counselor Association (ASCA) on suicide prevention and awareness. School counselors must work with students to identify behavioral and social/emotional signs of suicide risk (ASCA, 2018). Once school counselors recognize the risk, it is their duty to immediately meet with the student, contact parent or guardian, and provide interventions as needed (ASCA, 2018).

American School Counselor Association. (2018). The school counselor and suicide prevention/awareness. https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Suicide.pdf

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COVID-19 Pandemic is having a negative effect on children's mental health.

Since March and the beginning of the pandemic, mental health hospital emergency visits have increased by 31% for adolescents.

Disrupted routines and social isolation are some of the causes of students in crisis.

"Instruction strategies, such as setting up clear structure and routines, helping students develop emotional resilience, and conducting emotional check-ins, can be more difficult to do when classes by necessity change from in-person to virtual and back again." (Sparks, 2020, para. 13)

Sparks, S.D. (2020, November 12). Children's mental health emergencies skyrocketed after COVID-19 hit. What schools can do. Education week. https://blogs.edweek.org/edweek/inside-school-research/2020/11/new_federal_data_confirms_pandemic_child_mental_health_emergency.html

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Adolescents in Generation Z have higher rates of anxiety, depression, and suicidal ideation.

It has been more difficult to detect mental health issues through virtual learning.

Students have a more difficult time reaching out for help due to being socially distanced from their teachers, counselors, and coaches.

Districts are beginning to look at new policies to implement that provide additional social-emotional support throughout virtual learning.

De La Rosa, S. (2020, October 14). How to detect mental health issues in remote students. Education dive. https://www.educationdive.com/news/how-to-detect-mental-health-issues-in-remote-students/586967/

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The Texas Education Code requires:

Training of faculty and staff who work with students to be able to recognize early warning signs of at-risk students for attempting suicide.

School districts, in coordination with the Health and Human Services Commission shall provide an annual updated list of recommended best practices and programs regarding mental health.

Tex. Educ. Code § 38.351

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

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#7 Original Law: State Constitutional Law

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#7 Original Law: State Constitutional Law

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The Texas House Bill 496 requires:

An establishment of a collaborative task force to study public school mental health services.

H. B. No. 496. (Tex. 2019). https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00496F.htm

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Sanford v. Stiles

A mother of a student who committed suicide, Kathleen Sanford, filed suit under 42 U.S.C. § 1983, alleging that the Defendants are liable for her son's death under a state-created danger theory. To win a state-created danger case, one must prove the following four elements:

(1) The harm caused was foreseeable and fairly direct;

(2) a state actor acted with a degree of culpability that shocks the conscience;

(3) a relationship between the state and the plaintiff existed such that the plaintiff was a foreseeable victim of the defendant's acts, or a member of a discrete class of persons subjected to the potential harm brought about by the state's actions, as opposed to a member of the public in general; and

(4) a state actor affirmatively used his or her authority in a way that created a danger to the citizen or that rendered the citizen more vulnerable to danger than had the state not acted at all.

Sanford v. Stiles, Civil Action No. 03-CV-5698 (E.D. Pa. Nov. 10, 2004)

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#9 Original Law: State Administrative Law

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#9 Original Law: State Administrative Law

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Texas School Districts require all school campuses to have a Safe and Supportive School Team. The team is responsible for setting procedures for assessing and reporting individuals who make threats of harmful behavior to determine the level of risk and appropriate interventions (Texas Association of School Boards, 2020)

Texas Association of School Boards. (2020). Austin ISD: Student welfare crisis intervention. https://pol.tasb.org/Policy/Download/1146?filename=FFB(LEGAL).pdf

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Each district shall have programs and policies in place regarding:

Mental health

Suicide prevention, intervention, and postvention

Positive behavior supports

Safe, support, and positive school climates

This policy requires the district to follow best practices regarding mental health interventions. The policy also provides guidance for programs to be implemented in the district schools to provide a safe and supportive climate.

https://pol.tasb.org/Policy/Download/1146?filename=FFEB(LEGAL).pdf

Austin ISD

FFEB(LEGAL)-P

UPDATE 115

DATE ISSUED: 7/10/2020

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American School Counselor Ethical Standards A.2-Confidentiality

(f.) School counselors have the ethical obligation for confidentiality to the student, but also must balance the ethical obligation with the legal rights of the parents and guardians.

This is a common dilemma when working with adolescents who are showing suicidal warning signs. Students often do not want their parents to know out of fear or embarrassment, but as a school counselor it is their legal responsibility to inform the parent/guardian of the student's safety.

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

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The topic of working with students who show signs of suicidal ideation is inherently personal. As an educator in the Special Education-Social/Behavioral Skills Unit, I have often listened to my students tell me that they want to hurt themselves. I never take the situation lightly and always report to the school counselor. Often times, the student gets upset with me for "telling on them". However, after learning about the specific laws and policies that the school counselor must follow, I am confident in continuing to report to the counselor to make sure each student gets the appropriate help and interventions.

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Districts need to have programs and policies in place for mental health supports.

Faculty and staff should be trained on the warning signs and risk factors for those students who are struggling.

Do not take any comments or jokes from students about hurting themselves or others lightly. Always report to the counselor.

The counselor will follow legal policy and communicate with the student and parent/guardian immediately.

Schools shall create safe, positive, and supportive climates.

It is the ethical responsibility of the school counselor to keep information about a student confidential unless there is a legal responsibility to report.