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Upon completing my Masters Degree in Guidance and Counseling, December of 2018, I plan to pursue an elementary school counseling position in Midland ISD, where I am currently a 4th grade teacher. I am in contact with the current director of Midland ISD's counselors, Ron Moss, who has advised me to begin applying for positions now, in hopes to have a long term substitute replace my role as a classroom teacher.

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Professional advice on legal and ethical issues by Kisha Samsel--former teacher, assistant principal, and current school counselor  

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Professional advice on legal and ethical issues by Kisha Samsel--former teacher, assistant principal, and current school counselor  

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1. School counselors should stay in contact with their director who  stays current and up to date on any laws and changes. For example, David's Law was enacted in 2017, which requires counselors to address cyberbullying and counsel both the aggressor and victim (Texas Bullying Laws, 2018).

2. School counselors must be aware of a student's confidentiality rights. Always speak to the student first when informed of a concern, but contact parents based on your school and districts policy. Also, only share information with other professionals on a need-to-know basis.

3. Know when to outsource students and parents to professional help. An example of this is when an elementary student is struggling with gender identity issues. Have a list of outside resources to provide the student and parents, and continue providing support and educating teachers on how to best support the student.

4. A new policy was recently enforced where the school now requires the counselor to allow the parent an opportunity to intervene before contacting law enforcement when a child is considering self-harm. Kisha informed me that it is then a counselor's duty to follow-up with that parent to see if an appointment has been made. The next step is to contact CPS if the parent did not follow through.

5. Staff members may also seek guidance through working through issues on campus with other staff. Counselors must remember to not take sides, but rather play the role of neutral mediator to help solve the conflict.

Texas Bullying Laws. (2018). Retrieved from https://txssc.txstate.edu/videos/bullying-and-the-law/

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Texas Schools, Bullying, and the Law | Texas School Safety Center

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Texas HB 1942 was passed mandating schools to make their campuses safer for all students specifically regarding the issues of bullying and cyberbullying. The Texas School Safety Center has a created short video that explains Texas HB 1942 in terms that administrators, teachers, and parents can easily understand.

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Legal and ethical issues noted by the National Education Association (NEA)- Early Childhood Education Act 

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Legal and ethical issues noted by the National Education Association (NEA)- Early Childhood Education Act 

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According to the NEA website, research supports that Early Childhood Education should begin before the age of 5. The NEA suggests that pre-k be federally funded for qualifying low-income families with students age 3-4, and states should fund optional pre-k for all students age 3-4. Public school is the proposed primary setting for the pre-kindergarten programs (NEA, 2016).

National Education Association. (2016). Early Childhood Education. Retrieved from http://cqrcengage.com/nea/earlychildhood

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Legal and ethical Issues noted by the American School Counselor Association (ASCA)- Gun Safety

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Legal and ethical Issues noted by the American School Counselor Association (ASCA)- Gun Safety

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The American School Counselors Association (ASCA) made a public statement opposing the use of funds to provide firearms to educators. The belief is that funds should remain directed toward student learning (Metcalf, 2018).

Metcalf, L. (2018, August 23). ASCA Issues Statement Opposing Any Proposal to Use Federal Education Funds to Purchase Firearms. Retrieved from https://www.schoolcounselor.org/school-counselors-members/legislative-affairs

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Legal and Ethical issues noted by the National Education Association (NEA)- Dream Act 

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Legal and Ethical issues noted by the National Education Association (NEA)- Dream Act 

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NEA discusses the closure of the Deferred Action for Childhood Arrivals or DACA program that  will leave many immigrants without protection of deportation. The NEA calls for congress to decide on a solution that allows for permanent path to citizenship (NEA, n.d.).

National Education Association. (n.d.). Dream Act. Retrieved from http://edadvocacy.nea.org/dreamact

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Legal and Ethical Issues noted by the American School Counselor Association (ASCA)- Appropriate vs. Inappropriate Duties

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Legal and Ethical Issues noted by the American School Counselor Association (ASCA)- Appropriate vs. Inappropriate Duties

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The school counselor may find themselves in a role that is an extension of administration rather than implementing the ASCA framework for a guidance and counseling program. In the article, the American School Counselor Association encourages the counselor to use the standards as well as an appropriate navigation of the political atmosphere, to effectively advocate against inappropriate use of time on campus.
Carolyn Stone noted "legal protection does not necessarily accompany ethical imperatives" (Stone, 2017), and that is vitally important that the school counselor not find themselves in a battle with the principal when it comes to assigned duties. Understanding how to present appropriate use of time through a school counselors ethical responsibilities and standards, as well as balancing respect for administration should be the approach taken.

Stone, C. (2017, September 1). Appropriate vs. Inappropriate Duties. Retrieved from https://www.schoolcounselor.org/magazine/blogs/september-october-2017/appropriate-vs-inappropriate-duties

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You've just started a new job, but you're finding the school counseling program is expected to be an extension of administration. You are trying to establish a comprehensive school counseling program, but everyone else is defining your role, assigning you administrative tasks and not allowing you to deliver school counseling core curriculum classroom lessons. You are able to do little on the appropriate list of activities as established by the ASCA National Model, and you are assigned way too many on the inappropriate list. Can your ethical standards help? Are there any court cases to provide you with legal muscle?

With considerable intentionality, the following standard was added to the 2016 ASCA Ethical Standards for School Counselors: B.2.c. Advocate for a school counseling program free of non-school-counseling assignments identified by "The ASCA National Model: A Framework for School Counseling Programs" as inappropriate to the school counselor's role.

The rationale behind the inclusion of this standard was to provide school counselors with ethical leverage to advocate for the elimination of inappropriate activities. "The Use of Time: Appropriate and Inappropriate School Counseling Activities" serves as a helpful teaching tool when explaining school counseling program activities. This tool provides a comparison between similar types of activities and describes the counterpoint of those activities that cross the line to the inappropriate end of the continuum.

Standard B.2.c is a tool and not a weapon. The school counselor as advocate uses a great deal of political acumen when using the B.2.c. standard. Raising awareness of barriers that stratify the implementation of a comprehensive program is advocacy; however, knowing how to negotiate the political landscape is effective advocacy. Frustration with assignments and practices that stratify one's ability to provide a comprehensive program is understandable, but failure to understand the political climate and act in appropriate ways to advocate is just as damaging as not advocating at all. Acting astutely with ethical standards and legal guidance will maximize the likelihood of success. School counselors who use finesse and diplomacy to navigate the political landscape and to determine the most astute way to get what is needed for students are effective change agents.

School counselors fulfilling both ethical principles and negotiating political landmines face challenges not easily solved as demonstrated in the case of Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008). In this case, a school counselor found herself in a conflict with her principal that ended with the loss of her employment and a federal civil rights lawsuit. N.W., a school counselor at a special education center, tried to advocate with her administrators for programs for her students and eventually she went over her principal's head to the district's pupil services administrator. The principal responded by sending N.W. a letter of reprimand for "going out of process." A power struggle between the principal and N.W. ensued. The principal recommended against N.W. receiving tenure, and N.W.'s response was to file a civil rights suit in federal court alleging adverse administrative actions that violated her First Amendment freedom of expression. The Second Circuit Court of Appeals eventually ruled in favor of the school district. The case shows how legal protection does not necessarily accompany ethical imperatives. The responsibility is on the politically astute school counselor to minimize the conflict between political compliance and ethical behavior, as the option of legal recourse is not a promising one. Negotiating the politics with administrators can at times be complex, but adhering to ethical standards requires school counselors to find alternate routes to compromise without going to battle with administrators.

Building-level principals, with few exceptions, are the direct-line supervisors for school counselors, and therefore, they are allowed to establish the role of school counselors. The onus is on the school counselor to help the principal know what the role should (appropriate duties) and should not (inappropriate duties) entail. Professional behavior requires a school counselor to abide by the district policy while advocating appropriately for change. Learn the rules so you know how to break them politically, ethically and legally.

The 2016 Ethical Standards provide considerable support for comprehensive school counseling programs.

A.3.b. Provide students with a comprehensive school counseling program that ensures equitable academic, career and social/emotional development opportunities for all students.

B.2.b. Design and deliver comprehensive school counseling programs that are integral to the school's academic mission; driven by student data; based on standards for academic, career and social/emotional development; and promote and enhance the learning process for all students.

When ethics are accompanied with legal guidance you have an influential combination to advocate for a climate in which you can implement a comprehensive school counseling program unfettered by inappropriate duties. The examples below pair standard B.2.c. with legal guidance, resulting in stronger advocacy for a comprehensive school counseling program.

Inappropriate: Performing disciplinary actions or assigning discipline consequences
Bullying is illegal in all 50 states; therefore, it is a discipline issue under the control of administration action. A school counselor was at the center of a court case that involved the school counselor, who had insinuated herself in a discipline issue that she mistakenly labeled conflict. The school counselor brought the bully and the victim together for conflict resolution. This well-meaning intervention on the part of the school counselor was misguided and ended disastrously (Gammon v. Edwardsville Community Unit School District (1980)). An eighth-grade student was warned by her peers that another student who was making threats against her wished to see her in the restroom. The student went to her school counselor for help. The school counselor brought in the threatening student to give the two girls a chance to "air their differences." The school counselor testified that the threatening student's considerable anger was apparent and did not diminish as a result of the joint counseling session or later when the school counselor met privately to warn her suspension would result if any fighting occurred.

The school counselor subsequently conferred with the apprehensive student and recommended she avoid any encounter with the other girl. The student continued to express her fears and clearly indicated clearly her difficulties with the aggressor were not over. The school counselor did not notify the administration or playground supervisors. Both girls were on the playground at the same time later in the day, and the aggressor struck the victim in the left eye with her fist, producing a skull fracture so serious it required corrective surgery (Gammon v. Edwardsville Community Unit School District (1980)).

School counselors must recognize bullying as an imbalance in power and unequal emotional responses on behalf of victim and perpetrator. The minute this school counselor learned she was in the midst of a bullying situation she needed to label it as discipline and notify administration.

Appropriate: Present school counseling core curriculum lessons
School counselors present core curriculum that contributes to anti-bullying and a safe respectful school climate as well as other topics supporting their goals for the year. Teachers, parents and administrators can help or hinder school counselors' ability to provide classroom core curriculum, the bedrock of a comprehensive school counseling program. Parents who object to their child's exposure to curriculum they believe is an affront to their values have been allowed to opt their child out of the curriculum.
In 2006, two families in Lexington, Mass., objected to their elementary school children's curriculum on accepting diversity, which depicted a variety of family structures including a family with two dads and one with two moms. In dismissing the ensuing lawsuit against the school district, the District Court Judge Wolf, wrote, "Parents do have a fundamental right to raise their children. The Parkers and Wirthlins may send their children to a private school ... . They may also educate their children at home... . However, the Parkers and Wirthlins have chosen to send their children to the Lexington Public Schools with its current curriculum. The Constitution does not permit them to prescribe what those children will be taught" (Parker v. Hurley, 2007). That dismissal was unanimously upheld in the U.S. Court of Appeals (Parker v. Hurley, 2008). Districts may require parental notification or written permission for some topics. Notification may simply mean the school counselor is giving notice of what will be taught, and if anyone has concerns then they can contact the school counselor to request more information or to opt out.

In a separate case, Morrison v. Board of Education of Boyd County, 2006, parents were not allowed to opt their children out of a court-ordered anti-harassment training that the parents viewed as violating their religious rights. The training was judge-ordered because of widespread anti-gay harassment in the school. U.S. District Judge David L. Bunning wrote that students and staff have no religious right to opt out of such training, since the training did not force students to change their religious views.

Appropriate: Providing individual and small-group counseling services to students

Inappropriate: Providing therapy or long-term counseling in schools to address psychological disorders

The ASCA position statement The School Counselor and Student Mental Health (2015) requires school counselors to focus their efforts on designing and implementing comprehensive programs promoting academic, career and social/emotional success for all students [emphasis on the "all"]. While implementing a comprehensive program school counselors:

Deliver the school counseling core curriculum that proactively enhances awareness of mental health; promotes positive, healthy behaviors; and seeks to remove the stigma associated with mental health issues

Provide responsive services including internal and external referral procedures, short-term counseling or crisis intervention focused on mental health or situational (e.g. grief, difficult transitions) concerns with the intent of helping the student return to the classroom and removing barriers to learning

Provide school-based prevention and universal interventions and targeted interventions for students with mental health and behavioral health concerns

Although school counselors do not provide long-term mental health therapy in schools, they provide a comprehensive school counseling program designed to meet the developmental needs of all students. As a component of this program, school counselors collaborate with other educational professionals and community service providers.
Inappropriate: Coordinating schoolwide individual education plans, student study teams and school attendance review boards

Appropriate: Advocating for students at individual education plan meetings, student study teams and school attendance review boards

Parents, principals, school psychologists, social workers and others who misunderstand the school counselor's role in providing support in mental health services will sometimes impose on the school counselor unrealistic expectations to address clinical topics. For example, long-term therapy as dictated on individualized education programs (IEPs) is a growing phenomenon aimed at supporting a few students, and the fallout is the exclusion of a comprehensive program for all students. The Education for All Handicapped Children Act of 1975 and the subsequent Individuals With Disabilities Education Improvement Act (IDEA) of 2004 is being misinterpreted in such a way as to hold school counselors responsible for counseling sessions being written into IEPs with very prescriptive parameters of how many minutes per week a student is to receive counseling and often for the duration of the entire school year or the active period of the IEP.

This approach threatens to erode comprehensive school counseling programs. An official from the U.S. Department of Education Office of Special Education Programs, which governs the Education for All Handicapped Children Act of 1975 and the Individuals With Disabilities Education Improvement Act (IDEA) of 2004 lent his expertise to weigh in on this practice, and he expressed that in no way does IDEA expect that all children who show emotionality on a psychological examination should automatically have counseling as a needed service on their IEP. Secondly, he stressed that any blanket practice negated the intent of IDEA and that is to have the team develop an individual program, thus the name individualized education program. Thirdly, he strongly questioned the practice of having a school counselor work in a "therapeutic role," which were his words and interpretation of year-long counseling. School counselors serve all students in their charge, and it is unethical and professionally questionable when others define their role as serving a very small percentage of their population to the inclusion of hundreds of others in their population.

Appropriate: Helping the school principal identify and resolve student issues, needs and problems

Inappropriate: Assisting with duties in the principal's office

Trust is a crucial hallmark of the school counseling profession. The ASCA Ethical Standards emphasize the balance that must happen between loyalty to students and consideration that must be given to other educators and the need to know information to advantage a student. School counselors practice in a unique setting dictating responsibility beyond the student. It is a tug of war that school counselors must skillfully negotiate with the help of our partners such as our administrators. For example if students confide in you that they are homeless, are a victim of dating violence and/or have been sexually abused, this has to be shared with administration, which has a legal responsibility in each situation. The skilled school counselor will work with the students for whom their confidence was breached to help them understand why the breach was necessary and, if appropriate, ask the students if they would like to be present or provide the information themselves. Administrators more than teachers or parents/guardians want to know the contents of counseling sessions. In a January 2017 survey, 36.5 percent of school counselor respondents indicated they had been regularly asked by administrators for content of their counseling session that would require breach of confidentiality. The test is to advantage the student by collaborating with the principal and other educators in the school while keeping a trusting relationship.

Carolyn Stone, Ed.D., is a professor at the University of North Florida and chair of ASCA's Ethics Committee.

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Appropriate vs. Inappropriate Duties | American School Counselor Association (ASCA)

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You've just started a new job, but you're finding the school counseling program is expected to be an extension of administration. You are trying to establish a comprehensive school counseling program, but everyone else is defining your role, assigning you administrative tasks and not allowing you to deliver school counseling core curriculum classroom lessons.

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After researching legal and ethical issues in school counseling, I find that I am most interested in the article posted by the ASCA, "Appropriate vs. Inappropriate Duties." I realized that I was unclear as to how I would personally address this situation, that I have witnessed many other counselors struggle with. The article leaves room for further research as it explains that although a counselor has a set of ethical responsibilities to create a comprehensive guidance and counseling program, without the correct deliverance, legally, the administration may still have the greater authority as to the specified job duties.

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My search for academic resources resulted in finding an instructional module for principals, providing an overview of the misconception about the role of a school counselor.

Carnes-Holt, K., Range, B., & Cisler, A. (2011, November 30). Teaching about the Principal and School Counselor Relationship: ELCC 2.1a. Retrieved from https://eric.ed.gov/?id=EJ973792

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Principal and School Counselor Relationship

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In the article "Future School Administrators' Perceptions of a School Counselor's Role", the authors make the point that much of the school counselors time is consumed by non-counseling duties, and that this disconnect can be due to a principals misunderstanding as to a school counselors importance and functions. The research question is posed, "Is there a difference in the way students in a graduate program for educational administration perceive the role of the professional school counselor and the role of the counselor as outlined in the state's professional standards?(Kentucky Educational Professional Standards Board, 1996)" (Fitch, Newby, Ballestero, Marshall, 2001, p. 90).

Fitch, T., Newby, E., Ballestero, V., & Marshall, J. (2001, December). Future School Administrators' Perceptions of a School Counselor's Role. Counselor Preparation, 41,  88-99. Retrieved from http://content.ebscohost.com/ContentServer.asp?EbscoContent=dGJyMNHr7ESeqLY4zdnyOLCmr1Cepq9Ss6m4SbaWxWXS&ContentCustomer=dGJyMPGutk 2prNJuePfgeyx43zx1 6B&T=P&P=AN&S=R&D=eue&K=507727091

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ASCA National Model. (2018). Role of the School Counselor. Retrieved from https://www.schoolcounselor.org/administrators/role-of-the-school-counselor

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Role of the School Counselor | American School Counselor Association (ASCA)

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The two articles I located on appropriate and inappropriate duties for school counselors, "Teaching about the Principal and School Counselor Relationship" and "Future School Administrators' Perceptions of a School Counselor's Role", provide research about principal and counselor relationships. Suggestions for campus principals and counselors to participate in pre-service training together is explained, and even a module for training principals on the role of a school counselor is provided. "Principals are more likely to advocate for and align with a counseling program when they share
the goals and objectives of the program, the individual counselors, and the additional student
supports (Walsh, Barrett, & DePaul, 2007)" (Fitch, et.al., 2001, p. 92).

The content of the articles are not only vital for the counselor and principal relationships, but equally important for the campus as a whole. Administration must be informed on what exactly a counselor's duties are, understanding the time required and importance of a comprehensive guidance and counseling program. This information can prevent a school counselor from being asked to focus on administrative duties. These tasks can often undermine and overshadow the school's need for a counselor and counseling program.

The American School Counseling Association website provides a section which explains the role of the school counselor, need for a school counselor, appropriate and inappropriate program activities, and videos for administrators that help them understand the importance of understanding a school counselors contribution. For my future role as a school counselor, it is important that administration understand the standards aligned with my role, so that I am adhering to my guidelines and providing the best support for the campus and students. Legally, a school counselor must adhere to the ASCA guidance and counseling National Model, and yet ethically, they must also walk a fine line to balance respect to their administration when asked to assist with duties. It is then important to know what a counseling program should look like, and help your principal see in a respectable manner, where your time is allotted each day to meet the ASCA model requirements. "To achieve maximum
program effectiveness, the American School Counselor Association
recommends a school-counselor-to-student ratio
of 1:250 and that school counselors spend 80 percent or
more of their time in direct and indirect services to students" (ASCA, 2018).

References

ASCA National Model. (2018). Role of the School Counselor. Retrieved from https://www.schoolcounselor.org/administrators/role-of-the-school-counselor

Carnes-Holt, K., Range, B., & Cisler, A. (2011, November 30). Teaching about the Principal and School Counselor Relationship: ELCC 2.1a. Retrieved from https://eric.ed.gov/?id=EJ973792

Fitch, T., Newby, E., Ballestero, V., & Marshall, J. (2001, December). Future School Administrators' Perceptions of a School Counselor's Role. Counselor Preparation, 41,  88-99. Retrieved from http://content.ebscohost.com/ContentServer.asp?EbscoContent=dGJyMNHr7ESeqLY4zdnyOLCmr1Cepq9Ss6m4SbaWxWXS&ContentCustomer=dGJyMPGutk 2prNJuePfgeyx43zx1 6B&T=P&P=AN&S=R&D=eue&K=507727091