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I am the Director of Counseling at Hutto High School, overseeing elementary, middle, and high school counselors, as well as district social workers. This legal guide can be used by all of the staff in the counseling department.

I elected to create this legal guide on working with suicidal students since the COVID 19 pandemic is greatly affecting the mental health of our students. Suicide is the second leading cause of death for children, adolescents, and young adults age 15-to-24-years-old. This guide will serve as a useful resource for school counseling staff.

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I interviewed Mrs. Julie Steed, Mental Health Counselor at Hutto ISD. https://www.hipponation.org/Page/9328

Suicidal ideation, attempts, and related behaviors continue to be a topic of concern in schools. The pandemic is causing even more isolation, anxiety, and elevated distress for students and families. It is crucial for counseling staff to be aware of the laws, policies, and methods to use in providing support around this issue. (J. Steed, personal communication, April 10).

Best practices:
- Any time a student is feeling suicidal take it extremely seriously and get appropriate help. (J. Steed, personal communication, April 10).
- If the suicidal student is a minor, notify the parents and provide them with community resources where they can seek additional help. (J. Steed, personal communication, April 10).
- Develop a safety plan, with the student's participation, so that they have "buy-in" for taking the necessary steps to overcome the situation. (J. Steed, personal communication, April 10).

Emerging issues:
There are two house bills that pertain to suicidal students. HB 1014 proposes to include numbers for the National Suicide Prevention Hotline and Crisis Text Line on ID cards for students in grades 6 and higher; for students in higher education, ID cards must also include contact information for campus or local police, campus health clinic, and local suicide hotline. HB 3299 proposes to add instruction on the relationship between physical and mental health to the enrichment curriculum. (J. Steed, personal communication, April 10).

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Mary Flannery, a senior writer for the National Education Association (NEA), published an article encouraging educators to ask the question "Are you thinking about suicide?" (2020). https://www.nea.org/advocating-for-change/new-from-nea/are-you-thinking-about-suicide

One in six high school students reported seriously considering suicide in 2017...at this rate, every high school teacher knows a student considering taking their own life. (Flannery, 2020). It is extremely important for educators to recognize risk factors and to make real connections with these kids. Risk factors can include firearms at home, a family history of mental health illnesses, substance abuse disorders and exposure to bullying. (Flannery, 2020). They also recommend to be alert to students who talk about being worthless or feeling hopeless, who suddenly seem depressed or withdrawn, who give away their stuff or who engage in more risky behaviors. (Flannery, 2020).

Reference:
Flannery, Mary Ellen. "'Are You Thinking About Suicide?'" NEA. 15 Jan. 2020. https://www.nea.org/advocating-for-change/new-from-nea/are-you-thinking-about-suicide

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Marraccini (2021) brings our attention to the fact that we "don't yet understand the effects of remote learning on student mental health." During the Covid 19 pandemic a number of risks associated with suicide may be elevated, including:
- social isolation
- barriers to care
- access to lethal means
- personal and economic loss

Through Marraccini's research in surveying school support professionals she found that some are employing creative strategies that include:
- facilitate connections with and between students.  Set aside some nonacademic time for students to answer fun discussion questions in smaller groups
- using multiple methods for reaching out to students: emailing, calling, texting, video conferencing, and conducting home visits
- providing resources to students and families, including suicide-prevention hotlines, crisis text lines, and community-based organizations
- establishing clear protocols for referrals, virtual risk assessments, adapted safety planning, and emergency services such as mobile outreach team

Reference:
Marraccini, Marisa. "What We Know About Suicide During the Pandemic (and What We Don't)." Education Week. 02 Apr. 2021.
https://www.edweek.org/leadership/opinion-what-we-know-about-suicide-during-the-pandemic-and-what-we-dont/2021/03

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A sixth grade student of Woodbridge Elementary School died after shooting himself while on a distance learning Zoom call. Educators have experienced an increase in suicidal ideations and attempts during the pandemic as "distance learning can be isolating for children who thrive on structure and social interactions." (Solomon, 2020).  When schools begin to reopen fully it is more important than ever for professionals to emotionally check in with their students.

Link to article: https://www.abc10.com/article/news/local/lodi/woodbridge-elementary-student-suicide/103-c322c7b2-b150-415b-8213-fa6baf4dec9f
Reference: Solomon, Samantha. "Elementary student shoots self during Zoom distance learning class." abc10.com. 20 Dec. 2020.

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Federal Judicial Law:
In Meyers v. Cincinnati Board of Education (2017), the Sixth Circuit took a strong stance in holding educators responsible for their failure to mitigate or prevent the bullying and increasingly violent attacks that led to the suicide of eight year old Gabriel Taye. The educators were aware of numerous incidents of bullying and were found to have acted reckless because they: lied to the students parents, underplayed the severity of the bullying, failed to discipline his aggressors, took no action to prevent future attacks, and made false reports.
This Sixth Circuit decision is important not just for bringing much-needed attention to the rising problem of youth suicide, but also because it clarifies the difference between negligent and reckless conduct on the part of educators and school administrators in the face of bullying.
Link to law: https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0390p-06.pdf
Reference: Meyers v. Cincinnati Board of Education (2017)

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State Constitutional Law:
In a crisis, according to Tex. Fam. Code § 32.004, a licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may counsel the child without the consent of the child's parents. This law is important to remember so that you can provide immediate care when students are in crisis, instead of worrying about getting consent first.
Link to law: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.32.htm
Reference: Tex. Fam. Code § 32.004

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State Statutory Law:
According to the Texas Health and Safety Code, we are required to provide notice of a student identified as at risk of committing suicide to a parent or guardian of the student within a reasonable amount of time. (Tex. Health and Safety Code § 161.325). This law is extremely important as there are numerous cases where parents were not notified and counselors are being sued for negligence. .
Link to law: https://texas.public.law/statutes/tex._health_and_safety_code_section_161.325
Reference: Tex. Health and Safety Code § 161.325

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Federal Administrative Law:
According to U.S.C. § 7118 Schools are required to implement high-quality training for school personnel related to

-suicide prevention

-effective and trauma-informed practices in classroom management, crisis management and conflict resolution techniques;

-human trafficking

-school-based violence prevention strategies;

-drug abuse prevention, including educating children facing substance abuse at home

-bullying and harassment prevention
Link to law: https://uscode.house.gov/view.xhtml?req=(title:20%20section:7118%20edition:prelim)
Reference: 20 U.S.C. § 7118

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Hutto ISDs 2020-2021 Student Parent Handbook states that "unless required under state or federal law, a district employee will not conduct a psychological examination, test, screening, or treatment, without obtaining prior written parental consent. The district will not provide a mental health care service to a student except as permitted by law. The district has established procedures for providing a parent with a recommendation for an intervention for a student with early warning signs of mental health concerns or substance abuse or who has been identified as at risk of attempting suicide." (Hutto ISD 2020).
Link to handbook: https://www.hipponation.org/cms/lib/TX02215449/Centricity/Domain/461//2020-21/20-21%20Student%20Parent%20Handbook%20English.pdf

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The American School Counselor Association (ASCA) provides ethical standards for all school counseling professionals.  One of the most important standards they have set is "do not release a student who is a danger to self or others until the student has proper and necessary support. If parents will not provide proper support, the school counselor takes necessary steps to underscore to parents/guardians the necessity to seek help and at times may include a report to child protective services." (ASCA, 2016).
Link: https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Reference: American School Counselor Association (2016). ASCA Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf.

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Though I have not personally experienced suicidal ideation or attempts, I have friends and students who have. In learning the laws, policies and procedures I feel more knowledgeable and prepared to help students in crisis. Suicide related risks are continuing to increase, so the more educators that are trained, prepared, and ready to take action, the better. Whether my future professional role will be in a secondary setting or higher education position, I will continue to encounter suicidal students and it is crucial to be familiar with all of the laws and policies.

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As counselors we have the ability to greatly impact the lives of our students and families. Here are some recommendations and best practices in helping our students in crisis:

- Any time a student is feeling suicidal take it extremely seriously and get appropriate help. (J. Steed, personal communication, April 10).
- If the suicidal student is a minor, notify the parents and provide them with community resources where they can seek additional help. (J. Steed, personal communication, April 10).
- Develop a safety plan, with the student's participation, so that they have "buy-in" for taking the necessary steps to overcome the situation. (J. Steed, personal communication, April 10).
- Use multiple methods for reaching out to students: emailing, calling, texting, video conferencing, and conducting home visits (Marraccini, 2021).
-  "Do not release a student who is a danger to self or others until the student has proper and necessary support. If parents will not provide proper support, the school counselor takes necessary steps to underscore to parents/guardians the necessity to seek help and at times may include a report to child protective services." (ASCA, 2016).
-  "Report to parents/guardians and/or appropriate authorities when students disclose a perpetrated or a perceived threat to their physical or mental well-being. This threat may include, but is not limited to, physical abuse, sexual abuse, neglect, dating violence, bullying or sexual harassment. The school counselor follows applicable federal, state and local laws and school district policy." (ASCA, 2016).

References:
American School Counselor Association (2016). ASCA Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf.
Marraccini, Marisa. "What We Know About Suicide During the Pandemic (and What We Don't)." Education Week. 02 Apr. 2021.