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Upon completion of a Master of Education in Guidance and Counseling, I hope to obtain a position as a school counselor in a middle school.  Initially I wanted to obtain a position in a high school and focus on career/college counseling.   However, I am currently working in a middle school and I have established a great connection with the students and enjoy working with this age group.

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Legal and Ethical Issues of Interest to Me

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Legal and Ethical Issues of Interest to Me

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After exploring the legal and ethical issues relating to school counselors, I would like to further explore legal matters relating to ESE students.  Although I am familiar with some of the federal and state laws the protect ESE students, I would like to dig deeper and learn more about the role I will have as a school counselor.  For example, becoming familiar with procedures and legal documents including IEPs or Section 504, which I will use on a regular basis.

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Exploration Option 1: Top 5 According to a Current Professional

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Exploration Option 1: Top 5 According to a Current Professional

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1.       I had a conversation with a current middle school counselor.  She chose to stay anonymous and will be referred to as Jane Doe in efforts to respect her wishes.  Jane has been a school counselor for three years, in a predominately low socioeconomic district. We discussed some of the legal and ethical issues that have impacted her role throughout the years.

·         #1  As a counselor it is of upmost importance to stay up to date with legal documents like case notes, Individualized Education Plans (IEP), Section 504, and School Based Team (SBT).  The counselor must also follow-up with the students to make sure that all modifications/ accommodations are implemented in the classroom.

·         #2 Parents are legally protected and have the right to know how their child is doing in school.  Counselors must inform the parents of their child’s academic progress in a timely matter and must provide solutions/options that will help the child succeed academically.

·         #3 If the student is not breaking the confidentiality agreement (The student is being hurt by someone, or the student wants to cause harm on themselves or others), the counselor is not obligated to discuss any information with an administrator.

·         #4 If the student is not breaking the confidentiality agreement (The student is being hurt by someone, or the student wants to cause harm on themselves or others), the counselor is not obligated to inform the parents of any non-academic issues without the student’s consent.

·         #5 Although school counselors have received some training on how to support the LGBTQ students, the training has been limited.  In addition, there are anti-discrimination laws and policies that protect the students, however, the students still want to feel part of a group or “belong”.  The students still want to identify with the opposite sex and often times when they don’t they struggle with suicidal thoughts or suicidal ideation.  Jane feels counselors need more training in this area since it’s a growing issue in schools.

(J. Doe, personal communication, June 8, 2018)

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Exploration Option 2: I.American School Counselor Association (ASCA) 

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Exploration Option 2: I.American School Counselor Association (ASCA) 

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While exploring the ASCA webpage, they explained that the Every Student Succeeds Act (ESSA) of 2015 replaces the No Child Left Behind Act (NCLB) of 2001.  Furthermore, they mention that under the ESSA  schools will have a better chance in implementing new programs, resulting in school counselors having more opportunities to mentor and guide the students.

Additionally, ASCA offers position statements on various ethical issues that counselors are faced with on a regular basis.  In my opinion, the position statements are extremely helpful because it provides an ethical guide for the counselor relating to the specific topic.  Some of the statements available are for confidentiality, gender equality, gun violence, and LGBTQ youth.

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Exploration Option 2: II.American Counseling Association (ACA) 

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Exploration Option 2: II.American Counseling Association (ACA) 

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While exploring the ACA webpage, I came across their Code of Ethics for school counselors.  One of the things I found helpful, is that ACA uses different resources such as downloads, a podcast, and even webinars that make it easy to obtain the Code of Ethics.

Another interesting fact, is that in 1996 and 2016 ACA partnered with Holly Forester-Miller, Ph.D. and Thomas E. Davis, Ph.D. in a white paper titled “Practitioner’s Guide to Ethical Decision Making”.  This is definitely a good read for school counselors because it provides a guide and tools that will assist them when making difficult decisions.  ACA provides a pdf copy on their page.

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I’d like to further explore legal and ethical matters relating to Exceptional Special Education (ESE). The Florida state statute regarding Exceptional Students is a continuation of the federal state statute Individuals with Disabilities Education Act (IDEA).  IDEA has had a great impact in our educational system and guidance counselors have an important role in the process from start to finish.

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While researching ESE or SE in the Angelo State University library, I came across a book titled "Special Education: a reference handbook", by Arlene Sacks. The book focuses on Special Education curriculum, programs, laws, organizations, and other useful information and resources.

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During my ESE research on the internet, I found "The 2014 Wellness and Annual Report", provided by the Palm Beach School District in Florida. The report provides information on the role counselors will play in regards to ESE students. Furthermore, you can find information on interventions, school psychological services, section 504 accommodation plan, and much more.

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-American Counseling Association. (n.d.). Code of Ethics Resources. Retrieved from https://www.counseling.org/knowledge-center/ethics/code-of-ethics-resources

-American School Counselor Association. (n.d.). Legal & Ethical | -American School Counselor Association (ASCA). Retrieved from https://www.schoolcounselor.org/school-counselors-members/legal-ethical

-Ethical Decision Making Model for Counselors. (n.d.). Retrieved from https://www.counseling.org/knowledge-center/ethics/ethical-decision-making

-Position Statements | American School Counselor Association (ASCA). (n.d.). Retrieved from https://www.schoolcounselor.org/school-counselors-members/publications/position-statements

-School Counseling - ESE. (2014, 21). Retrieved from http://www2.palmbeachschools.org/annualreport/2014wellness/otherschoolbasedactivities/schoolcounseling.html