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Step One: My Future Role and Professional Perspective

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Step One: My Future Role and Professional Perspective

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I currently work for Windham School District, which is the school district within the Texas Department of Criminal Justice. We serve student offenders with educational opportunities and vocational training. Upon completion of my Master's of Education in Guidance and Counseling, I would like to stay with Windham School District and become a guidance counselor for student offenders. Providing counseling to student offenders will help these students with career training, obtaining high school equivalency, and vocational classes that will aid in reducing recidivism in the state of Texas, as well as allowing offenders a way to use their time wisely while incarcerated.

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Step Two: Exploration Option 2 - American School Counselor Association (ASCA) Legal and Ethical Issues

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Step Two: Exploration Option 2 - American School Counselor Association (ASCA) Legal and Ethical Issues

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In my review of the ASCA website, one of the major legal and ethical issues that school counselors face is the obligation to report child abuse. State-by-state statutes are listed on guidelines and requirements for reporting child abuse. In the state of Texas, professionals listed include all educational professionals, daycare workers, correctional officers, all healthcare providers, and general public who suspect child abuse. If any child abuse is suspected, a person must file a report as soon as possible.

The second legal and ethical principle on the ASCA website is professional distance, dual relationships, and boundaries for school guidance counselors. Counselors must provide loyalty and support to their students while also being aware of boundary issues between professional staff and the students they serve. Counselors must maintain a healthy balance to ensure a professional relationship is maintained.

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Step Two: Exploration Option 2 - American Counseling Association (ACA) Legal and Ethical Issues

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Step Two: Exploration Option 2 - American Counseling Association (ACA) Legal and Ethical Issues

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In my review of the ACA website, discussion of confidentiality was mentioned various times in the legal area of information. School counselors will possibly be discussing very private information with students. Professionals must understand the policies for confidentiality and what can be discussed to the student's parents and what must remain private between the educational professional and the student. If a school counselor is not familiar with what needs to be disclosed to parents, legal issues could arise from what is disclosed and what is kept private.

The second area discussed on the ACA website includes school counselors and suicide rates among adolescents. With suicide rates high among the adolescent and teenage age groups, school counselors have faced legal issues in regard to suicides and the students they serve. This issue overlaps with the confidentiality issue in what can be disclosed to parents of a student who may have stated that they are suicidal. With keeping the Family Educational Rights and Privacy Act (FERPA) in mind, school counselors must use sound judgment when counseling a possibly suicidal student.

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Step Two: Exploration Option 3 - Education Week

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Step Two: Exploration Option 3 - Education Week

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School safety is an issue that has been trending for a while. With school shootings becoming a normal headline in the news, it's not uncommon to see mention of school shootings and school safety across the United States. A new ethical situation for schools is ensuring that the schools that students attend are safe. In the linked article, the Florida Supreme Court has granted the go ahead for the Grand Jury to investigate school safety and if children are taken care of (Man, 2019). The Grand Jury will also be investigating if schools have taken money allocated for school safety improvements on campus and whether or not that money was used for something else instead of what it was intended for (Man, 2019).

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The Florida Supreme Court on Wednesday ordered a statewide grand jury with a broad mandate to investigate school safety.

The panel also will investigate if school districts or other agencies fraudulently accepted state school safety money, then failed to act, and whether school officials illegally under-reported criminal incidents to the state.

The court acted in response to a Feb. 13 request from Gov. Ron DeSantis, who asked for the grand jury the day before the one-year anniversary of the Marjory Stoneman Douglas High School massacre.

The court's seven justices unanimously ordered the grand jury, including the three justices appointed by DeSantis in the weeks after he took office in January.

The focus of the grand jury's work is broad, but its intent is clear: the aftermath of the Stoneman Douglas massacre, in which 17 people were killed and 17 injured. Family members of people killed in the shooting have pushed for more accountability than they say has been shown by the Broward School Board and Superintendent Robert Runcie.

"We know Broward has to be looked at. I don't know if Hamilton County needs to be," DeSantis said when he announced he was asking for the grand jury at an appearance in Fort Lauderdale with the families of many Stoneman Douglas victims. "There's more evidence in Broward than other districts."

See Also: Why Victims' Families Are Seething Over Broward Schools' Handling of the Parkland Shooting

In his request to the court, DeSantis wrote that the Stoneman Douglas massacre was a "tragic and avoidable incident" and said there "is a need to examine the crimes and wrongs that precipitated the Marjory Stoneman Douglas school shooting and that even now result in unsafe schools across the state."

The court order establishing the grand jury incorporated the exact wording of what DeSantis wanted investigated. The Supreme Court said the grand jury's purpose relates, but is not limited, to:

* "Whether refusal or failure to follow the mandates of school-related safety laws, such as the Marjory Stoneman Douglas Public Safety Act, results in unnecessary and avoidable risk to students across the state.

* "Whether public entities committed-and continue to commit-fraud and deceit by accepting state funds conditioned on implementation of certain safety measures while knowingly failing to act.

* "Whether school officials committed-and continue to commit-fraud and deceit by mismanaging, failing to use, and diverting funds from multimillion-dollar bonds specifically solicited for school safety initiatives.

* "Whether school officials violated-and continue to violate-state law by systemically under-reporting incidents of criminal activity to the Department of Education."

Broward Chief Judge Jack Tuter is the presiding judge over the grand jury, which will draw its 18 members from Broward, Miami-Dade and Palm Beach counties.

A grand jury, which has subpoena power, can investigate and report on a situation, and issue criminal indictments. It will have a term of 12 months from the date it is impaneled.

Grand juries have investigated the school district before, in 1997, 2003 and 2011, focused largely on mismanagement and corruption related to school construction and facilities.

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Florida Supreme Court OKs Grand Jury Investigation of School Safety

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The Florida Supreme Court on Wednesday ordered a statewide grand jury with a broad mandate to investigate school safety. The panel also will investigate if school districts or other agencies fraudulently accepted state school safety money, then failed to act, and whether school officials illegally under-reported criminal incidents to the state.

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Step Two: Exploration Option 3 - Education Dive

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Step Two: Exploration Option 3 - Education Dive

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In the linked article, an ethical situation discusses how far educators should go to help their students (Harper, 2019). There is a fine line between aiding students and crossing a boundary that may get too personal between the educational professional and the student. In this situation, a superintendent at an Indiana school is facing felony charges for insurance fraud because she claimed the student was her son and should be able to benefit off of her insurance. This is a case where the educational professional overstepped her boundaries in helping a student. Compassion is important in serving our students, but professionals must also keep needs in perspective with the educational boundaries that must be held between staff and students.

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Dive Brief:

Superintendent Casey Smitherman of Elwood Community School District in Indiana faces felony charges for insurance fraud, insurance application fraud, identity deception and official misconduct after she allegedly took a 15-year-old student to a health clinic and claimed he was her son so he could receive medical care, Education Week reports. Smitherman suspected the student - who lives with an elderly relative who doesn't have a car - had strep throat, and she wanted to make sure he got treatment, according to the Indianapolis Star.

While her attorney, Brian Williams, says she had good intentions from the start, Smitherman said she regrets what she did. William said Smitherman is keeping her job, and the prosecutor's office offered her a diversion agreement that, if she doesn't get arrested in a year, would dismiss her charges and allow her to admit to the crime.

Daniel Domenech, executive director of The School Superintendents Association (AASA), told Education Week that "other than breaking the law, there are no limits" on educators helping students. However, he says, educators should caution becoming too emotionally attached to students to the extent that they view them as their adopted children, as well as complying with relevant policies and regulations.

Dive Insight:

Compared to what could have transpired, Smitherman is relatively fortunate in that she may be able to evade any long-term consequences of her alleged actions. It seems many, including the Elwood Community Schools Board's president, back her and understand her motives - even if they agree what she reportedly did was wrong - and the prosecutor's office is working with her to avoid a criminal record. However, the situation allegedly caused her to take illegal measures, including placing the student she helped in a position where he felt he had to hide her actions.

While compassion is a necessary quality for an effective educator, school leaders and teachers need to keep the students' needs in perspective and make sure their responses to those needs are above board. Because school officials are often exposed to children enduring poverty and trauma in their personal lives, many feel the need to provide extra help. And while these actions can be seen as noble and sometimes necessary, they can also lead to a compassion fatigue, which can affect emotional health, job performance and judgment. Teachers who report such a condition sometimes end up leaving the classroom to protect themselves.

Students' neeeds are better addressed by schools and communities as a whole. By sharing the burden, educators can ensure these needs are met without feeling they have to bear the load alone. Schools with good networks of social workers can help locate resources, but this can be a double-edged sword, as educators - including Smitherman sometimes fear the consequences to the student and the family if these actions lead to something like a family separation.

As a result, more schools are turning to the community-centered model, which has health clinics and mental health services available on a school's campus. And additional services, including food pantries and school clothing closets, also help met student needs. These efforts can not only improve student attendance and academic achievement, but also help relieve teachers of too great a burden that comes as a result of compassion.

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How far should educators go to help students?

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Superintendent Casey Smitherman of Elwood Community School District in Indiana faces felony charges for insurance fraud, insurance application fraud, identity deception and official misconduct after she allegedly took a 15-year-old student to a health clinic and claimed he was her son so he could receive medical care, Education Week reports.

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Step Four: Researching School Counselors and Student Confidentiality

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Step Four: Researching School Counselors and Student Confidentiality

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When performing my research through the Angelo State University Library, I found this academic journal that discusses various ethical dilemmas that school counselors in Malaysia face in their profession. Confidentiality issues are mentioned within this journal as well.

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Step Four: Researching School Counselors and Student Confidentiality

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Step Four: Researching School Counselors and Student Confidentiality

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When searching for information about school counselors and student confidentiality on the Internet, I found a website called School Counseling Zone. The website provided a link with frequently asked questions as well as confidentiality guidelines that school counselors can read a familiarize themselves with.

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Confidentiality Guidelines

Confidentiality is one of the main ethical considerations for school counselors. How do we maintain students' trust, but still do what we can to keep students safe and parents informed? How do laws and ethics co-exist? Here are some basic questions and answers on this topic for school counselors.

1. What exactly is confidentiality, and how is it different from legal privilege?

I like the definition given in a 2002 article in the Journal of Professional School Counseling:

"Confidentiality is a professional's promise or contract to respect clients' privacy by not disclosing anything revealed during counseling, except under agreed upon conditions."

Legal privilege is different. While confidentiality in school counseling is an ethical term, legal privilege is (obviously) a legal term. Whenever there's a struggle between ethics and the law, the law always prevails. Legal privilege is given to attorneys, doctors, and licensed professional counselors, among others. But in many states, school counselors are certified rather than licensed, so legal privilege doesn't apply.

2. Does that mean there's really no such thing as confidentiality for minor students? How does this differ for minors, parents of minors, and adults in general?

3. So a school counselor can't see a minor student without parental consent?

4. Who is actually the school counselor's "client?" The minor student, or the parents?

Even with the legal issues involved, from an ethical standpoint, the school counselor's client is the student. This is one of the first things discussed in the Ethical Standards for School Counselors (2004). The parents' needs are considered, but the needs of the students come first, above all others.

Here's another excerpt from the same JPSC article: "In attempting to weigh their legal and ethical obligations, it is helpful for school counselors to clearly identify those they consider to be "clients."

5. What are the limits of confidentiality for school counselors?

Ethically, school counselors are required to take appropriate action if students engage in behavior that presents clear and imminent danger to themselves and others. Legally, they're required to report known or suspected child abuse or neglect, and they're also required to respond to subpoenas and participate in other legal proceedings dictated by the courts.

6. How can I be proactive and prevent problems with confidentiality?

The best way to prevent problems is to provide the student and the parents with information about confidentiality before the school year begins, and keep the information visible and available at all times.

7. How do I prepare a student if I need to reveal information?

When you do encounter a situation where you need to notify a parent, CPS, your administrator, or someone else, here are some suggestions, and things to keep in mind:

- If you feel it necessary to share confidential information, let the student know ahead of time that you plan to do it, and what you plan to say.

- Sometimes it's easier than you think it will be. If the issue is something borderline, meaning that you may need to call a parent, but you aren't sure yet, ask the student, "Do you mind if I talk with one of your parents about that?" Sometimes students don't mind at all, and will say, "Go ahead - it's fine with me."

- Assure parents from the beginning, whether in writing or directly, that you will let them know if their students are in harm's way. Most often, that's what parents really want to know.

- If you need to reveal information to parents, encourage the student to make the call from your office (you dial, and be sure you're actually talking with the parent, then hand the phone over to the student or put the call on speaker phone), to be present for the call, or to meet with you and the parents together.

- If you're still unsure about what to do, consult, consult, and consult. Then take the action you think is best, and document everything, including your consultation conversations and conversations with parents.

8. What does a school counseling confidentiality policy look like?

Click on the PDF version of this article below to find samples of:

- A signature sheet you could have students sign when they meet you individually for the first time, or a statement that could be put into a student handbook, or on the guidance web page for your school (minus the signature lines on the web page).

Here's the link for the PDF version of this article, Confidentiality Guidelines For School Counselors, and here's the link to the longer version, which includes the very detailed (and helpful) article from the Journal of Professional School Counseling, Confidentiality Guidelines For School Counselors -- Longer Version.

Hope these are helpful!

Go to the next page, "Documentation Tips and Guidelines."

Return to the School Counseling Zone Home Page

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Confidentiality Guidelines For School Counselors

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Confidentiality is one of the main ethical considerations for school counselors. How do we maintain students' trust, but still do what we can to keep students safe and parents informed? How do laws and ethics co-exist? Here are some basic questions and answers on this topic for school counselors. 1.

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Step Three: Legal and Ethical Issue That Interest Me - School Counselors and Student Confidentiality

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Step Three: Legal and Ethical Issue That Interest Me - School Counselors and Student Confidentiality

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School counselors face challenges when students disclose personal information about themselves. Since school counselors generally work with students who are underage, they are faced with an ethical and legal dilemma on what information they can inform the student's parents about, and what information they must keep private between the counselor and the student. Another challenge school counselors face is when parents enquire about their child and school counselors ethically and legally cannot inform parents of certain information under specific policies.

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American Counselor Association Logo. (n.d.). [Image] Retrieved from

https://www.counseling.org/

American School Counselor Association Logo. (n.d.). [Image] Retrieved from      https://www.schoolcounselor.org/

American School Counselor Association. (2018). Professional distance, dual relations, and

boundaries. Retrieved from https://videos.schoolcounselor.org/professional-distance-dual-relations-boundaries

American School Counselor Association. (2018). Child abuse statutes by state. Retrieved from  https://www.schoolcounselor.org/asca/media/asca/home/childabusebystate.pdf

Hansen, S. (2015). Confidentiality guidelines. School Counseling Zone. Retrieved from http://www.school-counseling-zone.com/confidentiality.html

Har, N. & Jusoh, A. (2015). View on counseling ethics among school counselors in Malaysia. The Online Journal of Counseling and Education. 4(4), 35-47.

Harper, A. (2019). How far should educators go to help students? Education Dive. Retrieved from https://www.educationdive.com/news/how-far-should-educators-go-to-help-students/546973/

Man, A. (2019). Florida supreme court oks grand jury investigation of school safety. Education Week. Retrieved from https://www.edweek.org/ew/articles/2019/02/25/florida-supreme-court-oks-grand-jury-investigation.html

Wheeler, A. (2016). Do proposed regulations properly protect client privacy? American Counselor Association. Retrieved from https://www.counseling.org/docs/default-source/risk-management/ct-risk-management-april-2016.pdf?sfvrsn=45f3512c_2

Wheeler, A. (2018). Student suicides raise concerns about potential counselor liability. American Counselor Association. Retrieved from https://www.counseling.org/docs/default-source/risk-management/ct-risk-management-december-2018.pdf?sfvrsn=3b14552c_2

Windham School District Logo. (n.d.). [Image] Retrieved from www.wsdtx.org

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Step Five: What I Learned about School Counselors and Student Confidentiality

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Step Five: What I Learned about School Counselors and Student Confidentiality

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School counselors are certified and not licensed, so legal privilege does not apply in regard to student confidentiality. Information that is shared between students and counselors can remain confidential, but school counselors must remember informed consent, which means FERPA laws state that if a child is under the age of 18, parents must give consent on whether or not a student can see a school guidance counselor. If a parent has not specifically stated that they do not want their child working with counseling staff at school, it is a regular educational service provided for all students (Hansen, 2015).

School counselors must disclose information about the student if the student's behavior puts them or other people at harm. School counselors must also report if they suspect child abuse or neglect. School counselors must also respond to court subpoenas and other legal situations that involve their students (Hansen, 2015).

School counselors also face dilemmas when working with school administration and parents in regard to student's confidentiality. Many times, information is asked that ethically, school counselors cannot disclose per FERPA and policy. Many counselors are labeled as uncooperative when they do not release information. Counselors, when appropriate, must keep confidentiality to ensure trust between them and the students they serve (Har & Jusoh, 2015).

Student confidentiality among school counselors is important because counseling students can bring up situations where students disclose personal information about themselves. Counselors must remember their boundaries with these students, as well as what they legally must disclose to keep the student and other people safe, especially if the student's behavior is putting themselves or others in possible danger. Counselors must also be professional in their knowledge of what should not be released. FERPA law regulates what can be disclosed about a student, including their grades and academic milestones. Counselors cannot release this information to unauthorized parties.

Possible scenarios I could face in this legal and ethical area include a parent wanting full transcripts of what the student and I discussed during a session. Also, administration could request personal information on a student that is not pertinent to the student's academic success. Lastly, a family member of a student could request an academic transcript of a student but they are not authorized through FERPA to receive this information. Being familiar with confidentiality is crucial in protecting the student's rights and privacy.