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My name is Kara Pascual and I’m in the professional school counseling program in the hopes to become a high school counselor. This Legal Guide are for K-12 educators and administrators to become aware of legal and ethical issues in regards to suicide. My topic focuses on working with students who are suicidal, specifically 9-12th graders and how school counselors can best support students while upholding the legal and ethical policies and procedures. Mental health is increasingly rising, especially in the school setting which is why I chose this topic. I am extremely passionate in helping students overcome mental challenges and increase their confidence, self-awareness, and intrapersonal skills.

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Suicide is one of the leading causes of death amongst adolescents. The risk factors, signs, and prevention programs are a few steps to decrease the rates of suicide. School districts are to develop a comprehensive approach in regards to suicide prevention programs. School counselors, administrators, teachers, and district administrators are involved in creating a prevention program that raises awareness of suicide (Stover, 2023). Suicide can impact an entire community. Communities begin to navigate how to cope with grief and move forward after a horrible, unimaginable tragedy.

An emerging issue that relates to working with suicidal students is finding ways to reduce the stress and anxiety that many students have. Stress and anxiety affects the student’s mental health and well-being. Taking bullying seriously, respecting student’s backgrounds, and recognizing child abuse at schools are some ways to decrease the stress and anxiety of many students (Black, 2022). By releasing perfectionism and a high level of academic expectations like “only smart students go to college”, students are able to become themselves, be non-judgmental, and impact their schools and communities in a positive way.

Another emerging issue is the increase of technology and social media. Students are able to say and react to hurtful comments on their phones, which can be detrimental to one’s mental health. David’s Law prevents bullying through several components in schools. For instance, if someone harasses or bullies anyone under the age of 18 through social media or other technology, it is a misdemeanor (Melendez, 2015). Cyberbullying needs to be taken seriously because technology is constantly evolving.

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Resource from Professional Association: American School Counseling Association.

Citation: The American School Counseling Association (2020) states, “before releasing the student to the parents/guardians, school counselors: are clear with parents/guardians about what is known regarding the student’s suicidal ideation, do not negate the risk of harm based on a student’s self-report, avoid using words or phrases such as “impulse control” or “low risk” in an effort to soften the message, strongly encourage parents/guardians to seek a medical or mental health provider for a comprehensive assessment of their child help the family find resources if needed” (para. 7).

Link: https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Risk-Assessment

Summary: School counselors support at-risk, suicidal students. They may provide referrals for the student to seek professional therapy given the parent’s consent. When a student is in crisis mode, parents must be notified. Parents understand their child and know what’s best; however, school counselors may contact Child Protective Services (CPS) if the child is being abused or neglected.

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Citation: Mental health services need to be accessible to all students in order to protect their safety and mental well-being (K-12DIVE, 2022).

Link: https://www.k12dive.com/spons/the-role-of-parents-and-educators-in-suicide-prevention/620819/

Summary: Suicide is increasing amongst adolescents, so therefore the education of warning signs and prevention is crucial. A parent’s role is significant in a child’s life, specifically in decreasing the risk of suicide. Parents and the child’s environment impacts the child’s developmental stage, cognitive abilities, and mental well-being. Educators, school counselors, and administrators support students by providing a safe and positive classroom environment and culture. There are a few ways to decrease the stigma of mental health and suicide prevention, which includes promoting social emotional learning, providing trauma-informed training, and recognizing the signs of mental distress. Responding appropriately to suicide ideation is crucial for students to get the help and assistance they need.

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Citation: Gluckman & Mangan (2022) declare, “the big question is when is it necessary or permissible to breach confidentiality in order to save the life of a patient” (para. 7).

Link: https://www.chronicle.com/article/with-students-in-mental-health-crises-campuses-risk-doing-too-little-or-too-much?bc_nonce=a4i8fo5yegvhk6thw71hzj&cid=reg_wall_signup

Summary: Olivia Kong, a junior at the University of Pennsylvania committed suicide. With the overwhelming course load and pressure, the doctor did not consider Olivia’s situation as "urgent", so therefore her parents were not notified. Olivia stated that she was considering ending her life nine times; however, this was never shared with her parents which led to them suing the university. By suggesting a leave of absence due to mental health concerns, it may cause more anxiety and stress. In terms of working with students who are suicidal, it is significant to intervene effectively by notifying the parents; however, it is important to understand the various accommodations to best support the student.

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Law: 14th Amendment

Reference List Citation for the Original Law: U.S. Const. amend. XIV

Source of Law: Constitutional Law

URL to the law: https://constitution.congress.gov/browse/amendment-14/#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.

Brief summary of the law: The 14th amendment of the Constitution (U.S. Const. amend. XIV) establishes equal protection and due process. In relation to working with suicidal students, it is important to note that school counselors protect students who have disabilities and does not discriminate against students.

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

Reference List Citation for the Original Law: Tex. Health & Safety Code § 161.325

Source of Law: Statutory Law

URL to the law: https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=HS&level=SE&value=161.325&date=5/8/2015

Brief summary of the law: Tex. Health & Safety Code § 161.325 discusses the importance to train educators, school counselors, and administrators on recognizing the warning signs on students who are suicidal. In addition, it establishes the intervention process by notifying the parents and taking appropriate and effective action. The intervention process includes a mental health recommendation / intervention to the student and parent as well as provides a notification to the parent in a timely manner. In addition, school districts develop and implement a reporting policy and assigns a person to identify students who are suicidal as well as establish counseling options for parents.

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Law: Eisel v. Montgomery County Board of Education

Reference List Citation for the Original Law: Eisel v. Montgomery County Board of Education, 324 Md. 376 (Md. 1991).

Source of Law: Judicial Law

URL to the law: https://www.casemine.com/judgement/us/5914bf6aadd7b049347ade8e

Brief summary of the law: The Eisel v. Montgomery County Board of Education is a court case in Maryland. The school counselors did not intervene or respond when a student made suicidal remarks that she was going to kill herself. In addition, they did not notify the parents or school administrators, which means they were practicing negligence. However, the court understood that school counselors cannot protect or prevent all students who are suicidal.

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Law: The Family Educational Rights and Privacy Act (FERPA)

Reference List Citation for the Original Law: 34 CFR Part 99

Source of Law: Administrative Law

URL to the law: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Brief summary of the law: FERPA protects a student’s educational and academic records. According to FERPA, when a student is in an emergency situation where they are endangering themselves or others, school counselors must notify the appropriate officials. FERPA can reveal information when the student’s safety and health is at-risk. A school threat assessment team may include principals, counselors, or law enforcement to address and evaluate potential threats and safety concerns. The U.S Department of Education (n.d) states, “some schools may need assistance in determining whether a health or safety emergency exists in order to know whether a disclosure may be made under FERPA’s health or safety emergency provision” (para. 1).

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Slide #10: Policy or Rule from a School or Institution - Administrative Law:

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Slide #10: Policy or Rule from a School or Institution - Administrative Law:

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School/Org Policy: Bastrop ISD Student Code of Conduct

Reference List Citation for the Original Law:

Bastrop ISD. (2022). Bastrop isd student handbook. https://www.bisdtx.org/cms/lib/TX02218757/Centricity/Domain/3914/2022-2023%20Student%20Handbook.pdf

Source of Law: Local Administrative Law

Link to the policy: https://www.bisdtx.org/cms/lib/TX02218757/Centricity/Domain/3914/2022-2023%20Student%20Handbook.pdf

Brief summary of the policy: The Bastrop ISD policy establishes policies and procedures of someone who is at-risk for suicide. The mental health liaison is able to provide resources and support on and off campus as well as provide students with accommodations. The policies and procedures follow as:

Bastrop ISD will not provide or conduct a mental health medical screening.

Bastrop ISD has clear procedures on suicide risk when recommending to parents/guardians.

The Bastrop ISD mental health liaison is responsible for contracting the parents of the student who is suicidal and is displaying early warning signs.

Upholding the ASCA Ethical Standards for school counselors is essential and significant in working with students who are suicidal.

The school counselors at Bastrop ISD are to support students with mental health concerns, uphold FERPA, follow the suicide prevention protocol and procedures, and notify parents.

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Ethical Standard Code: A.9. Serious and Foreseeable Harm to Self and Others

Citation: The American School Counselor Association (1984) states, “inform parents/guardians and school administration when a student poses a serious and foreseeable risk of harm to self or others. This notification is to be done after careful deliberation and consultation with appropriate professionals, such as other school counselors, the school nurse, school psychologist, school social worker, school resource officer or child protective services. Even if the danger appears relatively remote, parents/guardians must be notified. The consequence of the risk of not giving parents/guardians a chance to intervene on behalf of their child is too great” (p. 4).

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

Connection to Topic: In relation to working with students who are suicidal, it is important to notify the parents. In notifying the parents, they are aware of the situation and can best support their child’s needs.

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Citation: Swaby (2021) states “parents can reach out to teachers and counselors to refer them to outside resources. For example, the Texas Child Health Access Through Telemedicine program provides free virtual short-term psychiatric care for students referred through their schools” (para. 4).

Link: https://www.texastribune.org/2021/01/13/texas-schools-mental-health-resources/

Connection to Topic: School districts are able to provide mental health resources as well as address suicide and student trauma. School counselors can refer students to professional therapy. Outside therapy can prevent suicide ideation and other mental health concerns such as anxiety, depression, and substance abuse.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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Cultivate human connection and build rapport with the student.

Work as a collaborative team, including administrators, social worker, school nurse, behavioral coach, mental health liaison, and law enforcement when making decisions.

School threat assessment teams implement a collaborative approach in responding appropriately to students who are suicidal.

Bring awareness by doing trainings and professional development seminars on suicide ideation, reporting, and prevention (i.e. warning signs).

Follow district protocol, policies, and ethical standards/codes. Utilize the STEPS model (ethical decision-making).

Involve parents/guardians. Notify them in a timely manner.

Provide counseling services and make any necessary referrals and accommodations to the student.

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American School Counselor Association. (1984). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

American School Counselor Association. (2020). The school counselor and suicide risk assessment. https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Risk-Assessment

Bastrop ISD. (2022). Bastrop isd student handbook. https://www.bisdtx.org/cms/lib/TX02218757/Centricity/Domain/3914/2022-2023%20Student%20Handbook.pdf

Black, T. (2022, August 22). Children’s risk of suicide increases on school days. Scientific American. https://www.scientificamerican.com/article/childrens-risk-of-suicide-increases-on-school-days/

Eisel v. Montgomery County Board of Education, 324 Md. 376 (Md. 1991).

Gluckman, N., Mangan, K. (2022, March 29). With students in mental health crisis, campus risk doing too little - or too much. The Chronicle of Higher Education. https://www.chronicle.com/article/with-students-in-mental-health-crises-campuses-risk-doing-too-little-or-too-much?bc_nonce=a4i8fo5yegvhk6thw71hzj&cid=reg_wall_signup

K-12DIVE. (2022, April 4). The role of parents and educators in suicide prevention. https://www.k12dive.com/spons/the-role-of-parents-and-educators-in-suicide-prevention/620819/

Melendez, J. (2015). David’s law. https://senate.texas.gov/members/d26/press/en/a20161114a.pdf

Stover, K. (2023, March 6). A comprehensive approach to suicide awareness and prevention. Edutopia. https://www.edutopia.org/article/suicide-awareness-and-prevention/

Swaby, A. (2021, January 13). Where parents and students in texas can turn for help with mental health concerns. The Texas Tribune. https://www.texastribune.org/2021/01/13/texas-schools-mental-health-resources/

Tex. Health & Safety Code § 161.325

U.S. Const. amend. XIV

U.S Department of Education. (n.d). What is a threat assessment team?
https://studentprivacy.ed.gov/faq/what-threat-assessment-team#:~:text=A%20threat%20assessment%20team%20is,school%20employees%2C%20or%20other%20individuals.

34 CFR Part 99