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The professional perspective of this legal guide is from a counselor at the secondary level of education. Suicide response and intervention justly deserves attention by school counselors, especially those working with adolescents at the secondary level.  This legal padlet may be utilized by educators and counselors as a guide for working with students experiencing suicidal ideation.  This topic was selected due to the growing phenomena of suicidal ideation among adolescents.  Under House Bill 11, all public schools are required to implement preventative measures and interventions to diminish thoughts of suicide.  This guide will assist educators and counselors in identifying early warning signs, implementing effective interventions, and becoming familiar with mandated policies and procedures regarding suicide.

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An interview was conducted with Debra Mendoza, Moody High School Guidance Counselor and current member of the Crisis Team for Corpus Christi Independent School District.
Suicide is relevant in the field of guidance and counseling because it relates to mental health.  Multiple factors influence suicidal ideation and may resort to suicide attempts and/or completion.  Technology and social media have contributed to the inability to socialize and interact in a face-to-face manner among adolescents.  As a result, students are not able to cope with disappointments or challenges in their lives or express their emotions verbally.  Learning social skills is imperative so that students can cope with emotions when they feel angry, anxious, depressed, or when dealing with high levels of stress (D. Mendoza, personal communication, February 17, 2020).
Best Practices:
* Counselors will collaborate with the Campus Threat Assessment team to determine if the threat is transient (not serious, meant as a joke, said impulsively) or substantive (has at least some thought, intent, plan, method or means).
* Determine the level of risk by conducting a threat assessment interview with detailed questions with the student.  The plan of action will be based on the criteria of the threat level (low, medium, high, or imminent).
*  Ensure the safety of the student. Contact parents or legal guardian and send plan of action to the counseling coordinator.
D. Mendoza, personal communication, February 17, 2020

Current Issues:
Cyberbullying through the use of social media is an emerging issue that contributes to suicide among adolescents; therefore, it is important for school counselors to be vigilant when counseling students.  Students often feel isolated and alone and are unable to cope with the effects of cyberbullying which can result in suicide attempts and/or completion (D. Mendoza, personal communication, February 17, 2020).

Interviewee:
Debra Mendoza
Moody High School Counselor
Member of the Crisis Team
Corpus Christi Independent School District
https://moody.ccisd.us/

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The American School Counselor Association collaborated with the American Foundation for Suicide Prevention (AFSP), The Trevor Project, and the National Association of School Psychologists (NASP) to produce a webinar to inform educators and counselors about their role regarding suicide based on the Model School District Policy on Suicide Prevention.  In addition, the webinar provides insight into the implementation of suicide prevention related to lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) community.  This webinar provides insightful information related to the prevention, intervention, and postvention of suicide.
Link:
https://videos.schoolcounselor.org/webinar-model-school-district-policy-on-suicide-prevention

Reference:
American School Counselor Association. (Producer). (2019). Model School District Policy on Suicide Prevention. [Video Webinar]. Retrieved from
https://videos.schoolcounselor.org/webinar-model-school-district-policy-on-suicide-prevention

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Harper (2019) reports that the suicide rate among adolescents ages 15-18 has reached its highest point in 20 years.
*Males are three times more likely to commit suicide compared to females.
*A rise in suicide may be attributed to an increase in social media, anxiety, and depression (Harper, 2019).

Teen suicide is often related to school and/or peer encounters.
*Cyberbullying via social media tends to spread quickly and significantly impacts the problem.
*Stress and anxiety of coursework may also contribute to suicidal ideation.
*Schools are encouraged to provide mental health support to diminish thoughts of suicide among adolescents (Harper, 2019).

Link: https://www.educationdive.com/news/report-adolescent-suicide-rate-hits-20-year-high/557262/

Reference:
Harper, (2019, June 21). Report: Adolescent suicide rate hits 20-year high. Education Dive. Retrieved from https://www.educationdive.com/news/report-adolescent-suicide-rate-hits-20-year-high/557262/

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Education Dive published an article expressing the importance of implementing social-emotional learning (SEL) and mental health education to reduce the stigma of teen suicide.  Training staff members (especially teachers) to identify early warning signs can reduce suicidal tragedies among adolescents.  Incorporating mental health education can:
*Assist students with coping strategies.
*Help student determine rational versus irrational ways to respond to distress.
*Improve students' mental health and positively impact school safety (Harper, 2019).

Link:
https://www.educationdive.com/news/training-teachers-to-be-first-responders-to-mental-distress-can-avert-trage/553839/

Reference:
Harper, (2019, May 2). Training teachers to be first responders to mental distress can avert trageties. Education Dive. Retrieved from https://www.educationdive.com/news/training-teachers-to-be-first-responders-to-mental-distress-can-avert-trage/553839/

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State Statutory Law:
Texas Health and Safety Code § 161.325 requires school districts to develop practices and procedures regarding suicide prevention.  This includes: *educating parents and other stakeholders on ways to identify risk factors associated with suicide, access supportive and/or treatment resources, and become familiar with the assistance counselors may provide on campus.
*This statute also requires parents to be notified within a reasonable amount of time once counselors are aware of the early warning signs associated with suicide, or a confirmed threat of suicide has been expressed (2 Tex. Health and  Safety Code § 161.325) .

Reference:
Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention, Tex. Health and Safety Code § 161.325

Link:
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm

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State Judicial Law
*In the 2013 court case Rogers v. Christina School District, a sixteen-year old male student, Roger Ellerbe, expressed to his counselor that he wanted to take his own life.  After four hours of meeting with the student, the counselor sent him back to class and failed to contact his parents.  Roger committed suicide that afternoon at his home.  Roger’s family filed a lawsuit against the school based on the grounds that the counselor was negligent and did not abide by laws and regulations.
*This court case confirms that educators must adhere to laws and policies and notify parents when students are in crisis to avoid negligence.

Reference:
Rogers v. Christina School District, 73 A.3d 1 (2013)

Link: https://casetext.com/case/rogers-v-christina-sch-dist-2

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Administrative Law
The Family Educational Rights and Privacy is:
*an administrative law that entitles parents and eligible students to have control over the disclosure of educational records.
*Under this administrative law, parents and eligible students have the right to opt out of the disclosure of student records.  However, school officials can disclose student information when there is a safety issue, health emergency, or crisis without consent.
*If students are believed to be suicidal, school officials will determine that the disclosure is necessary and notify the proper authorities (34 CFR § 99.31).

Reference:
Family Education Rights and Privacy, 34 CFR § 99.31

Link:
https://studentprivacy.ed.gov/ferpa-regulations#0.1_se34.1.99_131

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Constitutional Law
The Fourteenth Amendment of the United States Constitution declares equal protection for all citizens, (including students with a mental illness).
*Under the Equal Protection Clause of the Fourteenth Amendment, public schools must adhere to federal, state, and local laws to protect students with mental illnesses from self-harm by implementing adequate suicide prevention programs and effective interventions.
*Under this amendment, students experiencing mental health issues are entitled to due process and equal protection (US Const. amend. XIV).

Reference:
U.S. Const. amend. XIV

Link:
https://www.law.cornell.edu/constitution/amendmentxiv

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The superintendent establishes a highly qualified threat assessment team to provide guidance to students, parents, and school employees when harmful or threatening behavior presents a threat to an individual or the school community.   A threat assessment team is utilized by each campus to assess individuals who are a threat to themselves (CCISD, Board Policy Manual, 2019).

Reference:
Corpus Christi Independent School District Board Policy Manual. (2019). Student welfare crisis intervention. Retrieved from https://pol.tasb.org/Policy/Download/948?filename=FFB(LEGAL).pdf

Link:
https://pol.tasb.org/Policy/Download/948?filename=FFB(LEGAL).pdf

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The American School Counselor Association (ASCA) Ethical School Standard A.9, Serious and Foreseeable Harm to Self and Others, outlines ethical behaviors counselors are obligated to follow when a student poses a threat to themselves.  Under ASCA standard A.9, school counselors are ethically obligated to inform parents/guardians about any suicidal information their child discloses, implement risk assessments, develop efficient interventions associated with suicide, and monitor students who are a danger to themselves until the proper authorities arrive.

Link:  https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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

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The Society for the Prevention of Teen Suicide (SPTS) is an organization that strives to reduce the number of teen suicides by offering a wide variety of resources to parents, educators, and teens.
The SPTS website offers
insightful information for  parents, teens, and educators to assist in the prevention of teen suicide.  This website offers parents the necessary resources to provide assistance to their child in distress, provides online training and invaluable resources to educators, and provides an abundance of resources for teens to stay connected to professionals who can guide them in the right direction to reduce the stigma of teen suicide.

Link:
https://www.sptsusa.org/

Reference:
The Society for the Prevention of Teen Suicide. (2020). Retrieved from https://www.sptsusa.org/

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Slide #13 Recommendations/Best Practices for Compliance

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Slide #13 Recommendations/Best Practices for Compliance

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The implementation of suicide response and intervention is essential to reduce the stigma of suicide among teens.  Secondary counselors must adhere to the following best practices so that students are provided the proper interventions to assist in the prevention of suicide and remain free from self-harm.

*Each campus must implement policies and procedures in accordance with federal, state, and local laws when individuals pose a threat to themselves (CCISD, 2019).

* Counselors should keep abreast on the trending issues increasing thoughts of suicide among teens (D. Mendoza, personal communication, February 17, 2020).

*Develop and implement effective suicide prevention programs to increase suicide awareness for parents, educators, and students. For example, workshops, early mental health interventions, small group guidance lessons on building skills related to managing emotions, etc.. (D. Mendoza, personal communication, February 17, 2020).

*School counselors must assume a position of leadership by providing trainings to assist teachers and other stakeholders in identifying warning signs associated with suicidal ideation and provide information on the proper way to respond to a student who discloses thoughts of suicide.  In addition, trainings must provide insight on how to properly report threats of self harm and discuss who to contact when thoughts of suicide are disclosed (D. Mendoza, personal communication, February 17, 2020).

* Counselors must ensure that students who are a threat to themselves are not left unsupervised. (D. Mendoza, personal communication, February 17, 2020).

* Each campus must establish a threat assessment team to assist in planning, preventing, and preparing for crisis situations regarding suicide.  This team should be utilized to ensure polices and procedures are followed accordingly and ensure best practices are in place to protect students who are at risk of suicide (CCISD, 2019).

* A threat assessment must be utilized to determine the level of suicide risk (low, medium, high, and imminent). Counselors are ethically and legally obligated to contact the parent at any level of suicide risk, even if the student displays a low risk level of suicide (Stone and Zinkel, 2012).

*Counselors must intervene effectively by providing parents and/or guardians a list of outside services so that appropriate action may be taken (Texas Education Agency, 2019).

*Implement a postvention plan to ensure students who are at risk of suicide are receiving the proper services needed to enhance their mental health and reduce the risk of suicide (D. Mendoza, personal communication, February 17, 2020).

References:

Corpus Christi Independent School District Policy. (2019). Student welfare crisis intervention. Retrieved from https://pol.tasb.org/Policy/Download/948?filename=FFB(LEGAL).pdf

Stone, C., & Zinkel, P. (2012). Student suicide: Legal and ethical implications. Retrieved from https://www.schoolcounselor.org/magazine/blogs/may-june-2012/student-suicide-legal-and-ethical-implications

Texas Education Agency. (2019). Suicide prevention. Retrieved from https://tea.texas.gov/about-tea/other-services/mental-health/suicide-prevention