# data[].attributes.body
My professional perspective is working as a public school counselor. This legal guide will be used to educate teachers and staff members at my school on suicide prevention. This guide will help educators understand the legal requirements mandated by law and the expectations of local policy when dealing with mental health issues and suicide. Teachers, staff members, and students are often the first ones to learn about a student's thoughts of suicide. This guide will educate staff members on recognizing warning signs, and how to intervene and report signs of suicide to the proper authorities. The topic of educating teachers and staff on the legal issues surrounding suicide prevention was chosen because many staff members are not confident in dealing with these issues. By producing a guide that clearly states expectations, laws, and best practices, staff members will have more confidence in their abilities to address these issues.

# data[].attributes.body
I interviewed Farrah Fuchs, a school counselor at Brock ISD, about her experiences with suicide prevention.

Importance of Suicide Prevention

Mrs. Fuchs explained that school counselors are often the first professionals in contact with students who are coping with suicidal thoughts or tendencies; therefore, they should be properly trained. She stated she has to be aware of issues, such as, bullying, social media usage, and lack of access to mental health care.

Best Practices for Suicide Prevention

Mrs. Fuchs listed three programs and practices for suicide prevention.

The Hope Squad - The Hope Squad is a peer-based program where trustworthy students are trained to identify at-risk students, formulate positive relationships, and seek help from adults if suicide risks are present.

Gatekeeper Program - This program trains professional gatekeepers on the signs of suicide risks, and how to respond. Mrs. Fuchs is a qualified trainer to professionals.

Mrs. Fuchs tours mental health facilities in the area, so when she does make referrals to a family, she is aware of the environment of the facility. In doing so, she can educate the families about the facilities, rather than only providing logistical information about the facility.

Emerging Issues

Suicide prevention is an important issue among youth today. According to Mrs. Fuchs, one emerging issue contributing to this epidemic is social media. Educating youth about social media etiquette and responsibilities is necessary to address this issue.
(F. Fuchs, personal communication, July 18, 2019)

# data[].attributes.headline
Slide 3 - ASCA Professional Statement Related to Suicide Prevention

# data[].attributes.subject
Slide 3 - ASCA Professional Statement Related to Suicide Prevention

# data[].attributes.body
The American School Counselor Association (ASCA) issued a professional statement regarding their position of a school counselor's role in suicide prevention and awareness. School counselors must recognize signs of suicide in students, address the need appropriately, and contact parents with referral information if needed. By implementing a comprehensive school counseling program, school counselors can address issues that could lead to a student's thoughts of suicide, and prevent such action from occurring.

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

# data[].attributes.body
This article discusses recent statistics for national youth suicides, and strategies for schools to implement which will address issues involving student suicide. According to the CDC, suicide is the second leading cause of youth in ages 10-19. Below are six tips for suicide prevention presented in the video embedded in the article.

Create a safe and welcoming environment.

Educate staff, students, and parents about depression and suicide.

Help students feel connected to students and staff.

Pay attention to bullying.

Anyone can be affected by depression.

Be upfront about suicide.

The article also discusses tips for schools who are responding to a suicide.

This article is important because it highlights tips from several professionals, including advice from students, on ways to address suicide prevention.

(Stark, L. 2018. Suicide are on the rise. Here's how schools can help. Retrieved from https://blogs.edweek.org/edweek/rulesforengagement/2018/12/suicides_continue_to_increase_how_schools_can_help.html)

# data[].attributes.attachment_link.readable_text
"Extremely discouraging."

That's how the American Foundation for Suicide Prevention describes the latest data from the Centers for Disease Control. The CDC found in 2017, more than 47,000 people died by suicide in the United States. That's an addtional 2,200 deaths over the previous year.

Suicide is still rare, but it is now the second leading cause of death for those ages 10 to 19. Mental health experts say that puts schools in a prime position to help troubled students and prevent suicides.

What can schools do? Create a warm and welcoming environment, address bullying, and educate students and staff about depression and suicide are a few key strategies.

Molly Kammerdeiner, a former high school student who suffers from depression, believes school counselors helped save her by intervening when she hit rock bottom.

We spoke to Molly and others about suicide prevention in the schools. Here are their 6 tips:

What Schools Should Do After a Student Suicide

Mental-health experts say that as important as it is for schools to work to prevent suicides, it's equally important for them to react correctly after a student suicide. There is always the risk of "contagion"-additional suicides by students who may already be at risk.

Schools are advised not to glamorize the death, but also to make sure there are ways for students and staff to grieve and get counseling. Ben Fernandez, a former school psychologist who oversees prevention services for schools in Loudoun County, Va., told us, the ripple effects of a suicide can be long lasting, "like a bomb going off." He says schools and parents need to stay vigilant after the immediate crisis is over. The American Foundation for Suicide Prevention has a detailed toolkit for schools on handling suicides.

Here are 5 basic tips for educators on how to respond after a tragedy.

Schools often struggle with mental health resources; most have fewer than the recommended number of counselors, social workers, and psycholgists. Principal Douglas Fulton, at Loudoun County's Freedom High School, says schools need a team approach. Everyone, he says, from teachers to cafeteria workers to bus drivers, to the students themselves, need to be engaged in promoting mental wellness and keeping an eye out for struggling students.

# data[].attributes.attachment_link.title
Suicides Are on the Rise. Here's How Schools Can Help

# data[].attributes.attachment_link.description
"Extremely discouraging." That's how the American Foundation for Suicide Prevention describes the latest data from the Centers for Disease Control. The CDC found in 2017, more than 47,000 people died by suicide in the United States. That's an addtional 2,200 deaths over the previous year.

# data[].attributes.body
This article discusses how the suicide note of a 16-year old boy influenced changes in a school in California. The student was overwhelmed by the pressures from school affecting many youth today. The student stated he was concerned there was too much emphasis being placed on grade point averages, instead of looking at the good moral character exhibited by his peers. The principal at the school stated since too much emphasis has been placed on college recruiting, the pressure on students to perform well in school is causing unnecessary mental stress on students. The principal is challenging the community to work together to encourage and celebrate all successes, listing examples of careers in the military and vocational careers such as plumbing and electrical.

This article reveals a current issue with youth today which has led to mental health issues and even suicide.

By acknowledging and addressing these issues, school counselors can work with community stakeholders to prevent suicide among youth.

(Jaschik, S. 2018. Suicide note calls out pressureon students. Retrieved from https://www.insidehighered.com/admissions/article/2018/02/12/suicide-note-16-year-old-renews-debate-about-pressure-top-high-schools)

# data[].attributes.attachment_link.readable_text
The notes he left behind were heartbreaking.

A 16-year-old student at Newport Harbor High School, in California, ended his life last month -- despite being apparently happy and successful. He left behind several notes that are circulating online.

He took care to say that he didn't want his parents or other family members to blame themselves. He talked about how much he loved his coaches. But he said that he couldn't go on anymore because of the pressure at his highly competitive high school, where going to a good college is the norm, and where parents and teachers expect top performance.

"One slipup makes a kid feel like the smallest person in the world. You are looked at as a loser if you don't go to college or if you get a certain GPA or test score. All anyone talks about is how great they are or how great their kid is," he wrote. "It's all about how great I am. It's never about the other kid. The kid who maybe does not play a sport, have a 4.0 GPA, but displays great character." He said his public high school felt like a private school. "So much pressure is placed on the students to do well that I couldn't do it anymore."

The student's death comes at a time when many people involved in admissions -- on the high school and college sides -- worry about excessive pressure being placed on high schoolers who aspire to attend top colleges. Just last month, a counselor wrote an open letter on the topic -- focusing not on suicide but the mental stress placed on students, in many cases forcing them to give up their passions to maximize the number of honors courses they can take.

This month, some have shared a letter sent by the principal at the California student's high school to students, faculty members and parents.

"Our teachers and District have simply created and maintained a system that our community/country has demanded from us over the past 20 years since college admissions mania went into hyper drive, since vocational training programs were dismantled, and since earning A's in AP classes became the norm," wrote Sean Boulton, the principal.

"Our teachers feel the pressure, administration and counseling feel the pressure, and now parents/students are really feeling the pressures. When we grew up nobody asked us what our G.P.A. was, and it was 'cool' to work on the roof of a house. This competitive culture has significantly impacted our young adults. We endlessly discuss test scores, National Merit Scholarships, reading scores, AP scholars, comparisons to other school districts and this is when we start losing our collective souls -- and our children."

Boulton wrote that it is time to broaden the concepts of success. "We have also devalued a military career, a plumbing or welding job, and we are a little embarrassed if our children wish to attend vocational training schools instead of a major university." What people should do, he wrote, is "say hooray for those students who enter the armed forces, who want to work with their hands, who don't want to be weighed down with the burden of being perfect in high school, and who earn a C in a tough class and are proud of themselves. ALL of us as a community have to get to this point if we want to avoid our students feeling shamed, isolated, or worthless."

And Boulton noted that despite his high school's reputation for producing students who go on to top colleges, the high school had waiting lists for programs in culinary arts and construction technology.

He appealed to parents to help. "Please know there is so much behind the scenes we do to diffuse this environment, but we can not do it alone anymore," Boulton wrote. He added, "We must reach the point where, if our sons and daughters don't live a perfect young adult experience, it is not the end of the world ... it is simply an opportunity to lift the sails and head in another direction. I sound like a broken record. If this offends anyone I am sorry."

Asked about what the high school would try to do now, Boulton said via email that efforts are going to involve everyone involved with the school. "What I can tell you is that they are fully committed to finding ways to minimize unnecessary pressures for students within our school boundaries, and provide students an even greater caring and supportive learning environment," he said. "This is an important and delicate issue, especially in an era with high societal expectations and pressures."
The National Suicide Prevention Lifeline is a free, confidential 24-7 service that can provide people in suicidal crisis or emotional distress, or those around them, with support, information and local resources. 1-800-273-TALK (8255).

# data[].attributes.attachment_link.title
Suicide note by 16-year-old renews debate about pressure at top high schools

# data[].attributes.attachment_link.description
The notes he left behind were heartbreaking. A 16-year-old student at Newport Harbor High School, in California, ended his life last month -- despite being apparently happy and successful. He left behind several notes that are circulating online. He took care to say that he didn't want his parents or other family members to blame themselves.

# data[].attributes.body
Tex. Education Code §11.252 (a)(3)(B)

Statutory Law

This law states schools in Texas must have a district improvement plan in place, which includes a suicide prevention plan. It is important for schools to have a suicide prevention plan and to educate educators and staff members about the plan. Students interact with many people who work at schools, and it is important that everyone understands how to look for warning signs, and properly report threats or suspicions of suicide to the proper administrators.

Tex. Education Code §11.252 (a)(3)(B)
://statutes.capitol.texas.gov/Docs/ED/htm/ED.11.htm

# data[].attributes.attachment_link.title
EDUCATION CODE CHAPTER 11. SCHOOL DISTRICTS

# data[].attributes.attachment_link.description
Sec. 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC EDUCATION. The school districts and charter schools created in accordance with the laws of this state have the primary responsibility for implementing the state's system of public education and ensuring student performance in accordance with this code.

# data[].attributes.body
Jason Flatt Act, H.B. 2186 (2015)

Statutory Law

This law was enacted in memory of a student from Fairfield, TX who committed suicide. It mandates that all schools in Texas provide staff development on suicide prevention annually. By mandating suicide prevention training be administered annually for all educators, it will ensure educators are trained on all new legislation and district policy in effect.

Jason Flatt Act, H.B. 2186 (2015) https://capitol.texas.gov/tlodocs/84R/billtext/html/HB02186F.HTM

# data[].attributes.attachment_link.title
84(R) HB 2186 - Enrolled version - Bill Text

# data[].attributes.attachment_link.description
relating to suicide prevention training for educators in public

# data[].attributes.body
Dzung Duy Nguyen v. Massachusetts Institute of Technology, 479 Mass. 436 (2018)

Judicial Law

This court case from Massachusetts debates the legal ramification regarding a student’s suicide at Massachusetts Institute of Technology (MIT). The case was appealed from the trial court to the Supreme Court in Massachusetts where the Court ruled in favor of the plaintiff, the student’s family. This case is important in education because it is a recent case, with a decision being rendered on May 7, 2018. It also opens the door for other educational institutions to be liable for student suicides where there is a “special relationship” between a student and an educational institution.

Dzung Duy Nguyen v. Massachusetts Institute of Technology, 479 Mass. 436 (2018) https://1-next-westlaw-com.easydb.angelo.edu/Document/

# data[].attributes.body
U.S. Const. amend. X

Constitutional Law

The Tenth Amendment to the U.S. Constitution is included in the Bill of Rights. Through this amendment, powers not delegated to the federal government are granted to the states. Some state and federal powers overlap; however, this amendment allows states the power to make decisions and laws regarding their state’s educational system.

U.S. Const. amend. X
https://www.whitehouse.gov/about-the-white-house/the-constitution/

# data[].attributes.attachment_link.readable_text
Why a Constitution?

The need for the Constitution grew out of problems with the Articles of Confederation, which established a "firm league of friendship" between the States, and vested most power in a Congress of the Confederation. This power was, however, extremely limited-the central government conducted diplomacy and made war, set weights and measures, and was the final arbiter of disputes between the States. Crucially, it could not raise any funds itself, and was entirely dependent on the States themselves for the money necessary to operate. Each State sent a delegation of between two and seven members to the Congress, and they voted as a bloc with each State getting one vote. But any decision of consequence required a unanimous vote, which led to a government that was paralyzed and ineffectual.

A movement to reform the Articles began, and invitations to attend a convention in Philadelphia to discuss changes to the Articles were sent to the State legislatures in 1787. In May of that year, delegates from 12 of the 13 States (Rhode Island sent no representatives) convened in Philadelphia to begin the work of redesigning government. The delegates to the Constitutional Convention quickly began work on drafting a new Constitution for the United States.

The Constitutional Convention

A chief aim of the Constitution as drafted by the Convention was to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. One way that this was accomplished was to separate the power of government into three branches, and then to include checks and balances on those powers to assure that no one branch of government gained supremacy. This concern arose largely out of the experience that the delegates had with the King of England and his powerful Parliament. The powers of each branch are enumerated in the Constitution, with powers not assigned to them reserved to the States.

Much of the debate, which was conducted in secret to ensure that delegates spoke their minds, focused on the form that the new legislature would take. Two plans competed to become the new government: the Virginia Plan, which apportioned representation based on the population of each State, and the New Jersey plan, which gave each State an equal vote in Congress. The Virginia Plan was supported by the larger States, and the New Jersey plan preferred by the smaller. In the end, they settled on the Great Compromise (sometimes called the Connecticut Compromise), in which the House of Representatives would represent the people as apportioned by population; the Senate would represent the States apportioned equally; and the President would be elected by the Electoral College. The plan also called for an independent judiciary.

The founders also took pains to establish the relationship between the States. States are required to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other States, although Congress may regulate the manner in which the States share records, and define the scope of this clause. States are barred from discriminating against citizens of other States in any way, and cannot enact tariffs against one another. States must also extradite those accused of crimes to other States for trial.

The founders also specified a process by which the Constitution may be amended, and since its ratification, the Constitution has been amended 27 times. In order to prevent arbitrary changes, the process for making amendments is quite onerous. An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification. In modern times, amendments have traditionally specified a time frame in which this must be accomplished, usually a period of several years. Additionally, the Constitution specifies that no amendment can deny a State equal representation in the Senate without that State's consent.

With the details and language of the Constitution decided, the Convention got down to the work of actually setting the Constitution to paper. It is written in the hand of a delegate from Pennsylvania, Gouverneur Morris, whose job allowed him some reign over the actual punctuation of a few clauses in the Constitution. He is also credited with the famous preamble, quoted at the top of this page. On September 17, 1787, 39 of the 55 delegates signed the new document, with many of those who refused to sign objecting to the lack of a bill of rights. At least one delegate refused to sign because the Constitution codified and protected slavery and the slave trade.

Ratification

The process set out in the Constitution for its ratification provided for much popular debate in the States. The Constitution would take effect once it had been ratified by nine of the thirteen State legislatures; unanimity was not required. During the debate over the Constitution, two factions emerged: the Federalists, who supported adoption, and the Anti-Federalists, who opposed it.

James Madison, Alexander Hamilton, and John Jay set out an eloquent defense of the new Constitution in what came to be called the Federalist Papers. Published anonymously in the newspapers The Independent Journal and The New York Packet under the name Publius between October 1787 and August 1788, the 85 articles that comprise the Federalist Papers remain to this day an invaluable resource for understanding some of the framers' intentions for the Constitution. The most famous of the articles are No. 10, which warns of the dangers of factions and advocates a large republic, and No. 51, which explains the structure of the Constitution, its checks and balances, and how it protects the rights of the people.

The States proceeded to begin ratification, with some debating more intensely than others. Delaware was the first State to ratify, on December 7, 1787. After New Hampshire became the ninth State to ratify, on June 22, 1788, the Confederation Congress established March 9, 1789 as the date to begin operating under the Constitution. By this time, all the States except North Carolina and Rhode Island had ratified-the Ocean State was the last to ratify on May 29, 1790.

The Bill of Rights

One of the principal points of contention between the Federalists and Anti-Federalists was the lack of an enumeration of basic civil rights in the Constitution. Many Federalists argued, as in Federalist No. 84, that the people surrendered no rights in adopting the Constitution. In several States, however, the ratification debate in some States hinged on the adoption of a bill of rights. The solution was known as the Massachusetts Compromise, in which four States ratified the Constitution but at the same time sent recommendations for amendments to the Congress.

James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America.

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one's peers, to be informed of the crimes with which one is charged, and to confront the witnesses brought forward by the government. The amendment also provides the accused the right to compel testimony from witnesses, as well as the right to legal representation.

The Seventh Amendment provides that civil cases preserve the right to trial by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the States, to either the States or to the people.
Learn more about the Constitution

# data[].attributes.attachment_link.description
The need for the Constitution grew out of problems with the Articles of Confederation, which established a "firm league of friendship" between the States, and vested most power in a Congress of the Confederation. This power was, however, extremely limited-the central government conducted diplomacy and made war, set weights and measures, and was the final arbiter of disputes between the States.

# data[].attributes.body
The local policy from Brock ISD states the school must offer programs for early mental health prevention and suicide prevention. These programs must also be included in the student handbook. This policy is important to the topic of suicide prevention because it assures stakeholders there is a plan in place for suicide prevention and mental health programming.

(Brock ISD Board Policy Manual. November 8, 2017. Student welfare crisis intervention. Retrieved from https://pol.tasb.org/Policy/Download/988?filename=FFB(LEGAL).pdf)

# data[].attributes.body
ASCA Ethical Standard A.2 - Confidentiality - It is important to inform students of their rights to confidentiality before meeting with them. It is also important for students to understand informed consent is not always possible due to the school counselor's ethical duty to keep all students safe. This ethical principle is important to suicide prevention because it is important that student rights to confidentiality are understood, and that a school counselor may have to break confidentiality if he or she feels like the student is in imminent danger.

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

# data[].attributes.body
Hope Squad is program in which students are trained in suicide prevention techniques, such as, recognizing warning signs, and reporting procedures. The program also focuses on building positive relationships with all students. This program would benefit schools looking to implement a suicide prevention program which is student based.

(The Hope Squad. 2018. Frequently asked questions. Retrieved from https://hopesquad.com/suicide-6/)

# data[].attributes.attachment_link.authors[].name
TRUSTED BY LEADING SUICIDE PREVENTION EXPERTS

# data[].attributes.attachment_link.title
Hope Squad | Youth Suicide Prevention for Schools

# data[].attributes.attachment_link.description
Hope Squad is a student-led, peer-to-peer support program that harnesses school connectedness to reduce the risk of suicide in elementary and secondary schools. We train trusted adults on campus (Advisors) who then empower students (Members) to recognize warning signs and connect their peers to a trusted adult.

# data[].attributes.headline
Slide 13 - Recommendations and Best Practices

# data[].attributes.subject
Slide 13 - Recommendations and Best Practices

# data[].attributes.body
School counselors are often the first professionals in contact with students who are coping with suicidal thoughts or tendencies; therefore, they should be properly trained.

Touring mental health facilities in the area will benefit families who are receiving referrals.

It is good practice to be upfront about suicide by using appropriate vocabulary, and providing open lines of communication with students.

An emerging cause of student mental health issues is societal pressures due to demanding academic and social pressures.

All schools in the state of Texas must have a Suicide Prevention Plan in place as part of their district improvement plan.

All staff members in Texas schools must be trained annually on suicide prevention issues.

Even though school counselors must inform students of their rights to confidentiality, if there is a suspicion of self-harm, the safety of the student overrides protecting their confidentiality.

The Hope Squad is a student-led program address suicide prevention issues, and promote positive peer relationships.

The Gatekeeper Program is a program used to inform and educate teachers and staff members on best practices for suicide prevention.