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My name is Taylor Esteves and I have been an English teacher at the high school level for the last 4 years. I knew early on that while I enjoyed the educational field, teaching was not for me. So I decided to pursue a masters in professional school counseling.

This Legal Guide is a helpful resource for other educators, such as teachers, to gain a better understanding of the topic and the legal and ethical guidelines related to the topic.

The topic for this Legal Guide is for educators working with suicidal students and suicide prevention. Suicide is the second leading cause of death for adolescents (The National Institute of Mental Health Resources, 2020) and because educators see these students on a regular basis, schools are the ideal place to address prevention.

I chose this topic because as a future school counselor, the safety of my students will be my top priority. There is much stigma surrounding suicide and one way to decrease this is to increase discussion.

National Institute of Mental Health. 2020. Suicide. Retrieved from https://www.nimh.nih.gov /health/statistics/suicide.shtml

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1. Importance of Legal Guide Topic
I interviewed a practicing school counselor to gain a better understanding of the legal issues that impact the work of the school counselor. When asked about a legal guide topic, Atkinson mentioned working with suicidal students. As he works at the elementary level, I was surprised by his response. Atkinson stated that as a school counselor, people often think that bullying is the biggest issue we deal with, but it is in fact students seriously disclosing the desire to commit suicide (R. Atkinson, 2021). As the school counselor is the professional on campus to assess these students, it has become an emerging issue.

2. Best Practices

Always involve parents/guardians and authorities. When a student is at risk of foreseeable harm, the school counselor has an ethical responsibility to inform parents and the appropriate authorities.

Educate other stakeholders. The more people in the students life that are aware of their ideations, the more likely someone is to see a change in their behavior. Letting others, such as administration and teachers know about the issue helps to reduce the stigma and ideally, get the student the support they need.

Advocate for the implementation of a suicide prevention program. Many students who contemplate suicide often give warning signs first. If a suicide prevention program is being implemented as part of the school counseling program, students who need help are more likely to get it

(R. Atkinson, 2021).
3. Emerging Issue
When asked about an emerging issue in the field of school counseling, R. Atkinson once again stated the amount of students lost each year to suicide. This number has increased drastically over the last few years. When asked what he believed to be the cause of this increase, Atkinson stated the internet and social media. While the internet definitely has its benefits, students often seek answers to questions they are afraid to ask someone else online, being terribly misinformed and misled (R. Atkinson, 2021).
4. Interviewee
Rene Atkinson, Elementary School Counselor.

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In 2018, The American School counselor Association (ASCA), released a position statement on the school counselor and suicide prevention and awareness. ASCA (2018) recognizes that suicide among adolescents is increasing at an alarming rate and it is the school counselors moral and ethical responsibility to protect students from foreseeable harm. Thus, the school counselor must maintain training in recognizing the signs of suicidal thoughts, knowledgeable about available resources, prepared to educate others, including students, and referring students at risk to community agencies (ASCA, 2018).

American School Counseling Association. (2018). The school counselor and suicide prevention/awareness. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Suicide-Prevention-Awaren

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Education Week
Prothero, A. (2021). Mental health problems loom for the COVID generation. Here's what schools can do. https://fs24.formsite.com/edweek/images/7-1_StudentMentalHealthSpotlight_Sponsored2.pdf

Schools were already struggling to meet the mental health needs of students before the pandemic, but now, the issue is much more dire.

21% of high school students surveyed that for the first time, they believed they'd benefit from mental health services.

The National Association of School Psychologists and ASCA state that there is not enough support staffs in schools right now and the recommended ratios of school counselors to students is no where near being met.

Schools must move from responding to suicidal students to prevention, such as the implementation suicide prevention programs.

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Education Dive
Poland, S. (2021). As schools reopen, prioritizing student mental health can prevent 'twin-demic'. https://www.k12dive.com/news/as-schools-reopen-prioritizing-student-mental-health-can-prevent-twin-dem/597332/

Professor and psychologist states that educators are in the best position to identify warning signs of self-harm and suicide.

During the pandemic, because many students were not physically at school, typical suicidal warning signs displayed by students may have gone unnoticed.

Teen suicidal rates have increased since the pandemic began and it is estimated that this number will continue to rise.

Schools should use any extra funds provided since the pandemic to address students' mental health needs and lower the ratios of school counselors to students.

Schools must work to discuss suicide openly. This will reduce the stigma, show students that they may not be alone, and allow students to realize help is available.

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U.S. Const. Amend. § 1
https://www.law.cornell.edu/wex/due_process

The Due Process Clause of the 14th Amendment states that no person shall be "deprived of life, liberty, or property without due process of law"

This clause has caused arguments due to difference of interpretations, such that an individual has a "right to die"

Ultimately, it has been determined that while assisted suicide is illegal, suicide is not.

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Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990).

https://www.law.cornell.edu/supremecourt/text/497/261

The state has a right that can be defended by the constitution to preserve the lives of its healthy citizens.

A seriously ill person has the right to refuse life-saving medical treatment.

This person must be competent or have provided clear evidence of their wishes to refuse treatment.

If no such evidence is available, the state has an ethical responsibility to do everything they can to keep that person alive.

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Tex. Education Code § 33.006 (a) and (b)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

The primary responsibility of a school counselor is to assist students with the development of their academic, career, personal, and social abilities.

The school counselor will actively participate in planning, implementing, and evaluating a comprehensive school counseling program to serve all students and address the special needs who may be at risk or committing suicide.

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American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

A.9. (a)(b)(c)

(a) The school counselor has an ethical responsibility to inform parents and appropriate authorities if a student poses a serious risk to themselves

(b) Risk Assessments should be used with caution and must be incorporated with an intervention plan

(c) The school counselor should never release a student who is danger to themselves.

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Brownsville Independent School District. (2020). Student outreach support (SOS) teams. https://resources.finalsite.net/images/v1608130061/bisdus/hydgzwm6nibzzrdxahte/SOSStudentOutreachSupportSOSTeams.pdf

Brownsville ISD is in adherence with current laws regarding suicide assessment and prevention. A crisis team will be enacted and address crisis in a timely manner, including suicidal ideation and behaviors. The protocol requires informing parents, always be supervised by BISD employee, and a confidential record maintained by the school counselor.

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Educators' Code of Ethics, 19. Tex. Admin. Code § 247.2

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

Standard 3.2 "The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor."
This ethical code explicitly states that an educator, such as a school counselor, must never intentionally harm a student. If an educator has information regarding a students desire to harm themselves, not reporting it would not be adhering to this code.

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The research that was conducted for this legal guide topic helped me to understand how these laws will influence my role as a future school counselor. There are laws across all four sources and across all levels, such as federal, state, and local, that support the need for the school counselor to implement suicide prevention strategies. There is also research to suggest the implementation of suicide prevention programs are effective against combating suicidal ideations. This gives me the support I may need in my future role to break down any barriers that may present themselves when advocating for mental health practices.

I am passionate about suicide prevention in schools and the laws in regard to this topic allow me to advocate for prevention strategies in schools.

I am more aware now just has much suicidal ideations have increased in adolescents since the start of the pandemic. Knowing this will allow me to work more efficiently towards combating suicide.

I am more confident now that I will be able to advocate for suicide prevention due to my increased knowledge of the laws that surround this topic.

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1. If an educator suspects a student is considering self-harm or suicide, inform their parents/guardians.

2. If an educator suspects a student is considering self-harm or suicide, they must inform appropriate authorities.

3. Educating other stakeholders and even students about the warning signs of suicide prevention is the responsibility of the school counselor.

4. Advocating for the implementation of suicide prevention strategies or a suicide prevention program is the responsibility of the school counselor.

5. It is the school counselors responsibility to protect students from serious foreseeable harm.

6. The school setting is the ideal location to establish suicide prevention due to the frequency in which educators interact with students.